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7. Then proceedir 3s necessary, northerly along the west bari 'the South Platte River to an <br />appropriate pout of discharge, not to exceed a distance of three hundred (300) feet. <br />Grantee agrees not to conduct activities within the same easement that would impair or interfere with <br />Grantor's intended use of same. It is expressly understood that Grantee may construct, operate, and <br />maintain the proposed slurry wall within the northerly or westerly 20 feet of said easement. <br />Aad further reserving in the Grantor the right to continue to mine the sand and gravel and minerais <br />other than oil and gas from the reservoir site on the property described in Exhibit A, in accordance with all <br />amended and approved permits, inchiding but not limited to the Weld County Special Use Permit, DMG <br />mining permit, and ACOE Section 404 permit, until the resource is depleted. <br />TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in <br />anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits <br />thereof; and all the estate, tight, title, interest, claim and demand whatsoever of the Grantor, either in law or <br />equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; <br />TO HAVE AND TO HOLD the said premises above bargained and described with the <br />appurtenances, unto the Grantee and its assigns forever. The Grantor, for itself, its heirs and personal <br />representatives or successors, do(es) covenant and agree that it shall and will WARRANT AND <br />FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee <br />and its assigns, against all and every person or persons claiming the whole or any part thereof, by, through <br />or under the Grantor, except taxes and assessments for the year 2001, and all subsequent years, and those <br />easements, wvenants, restrictions, and rights of way of record. <br />IN WITNESS WHEREOF, The Grantor has exectned this deed on the date set forth above. <br />STATE OF COLORADO )¢ <br />COUNTY OF ~' ~ : c Y ) <br />J <br />ASPHALT PAVING COMPANY, <br />a Color do corporation <br />ay ~! ~~_ <br />ffrg ~ er, Presi nt <br />The foregoing was acknowledged before me this 15th day of November, 2001, by Jeffrzy W. Keller as <br />President of Asphalt Paving Company, a Colorado corporation. <br />My commission expires: 1 v ~ 1 1 CC <br />_, <br />Witness my hand and official seal. ~ ~ l ~ _~ ~" ~ ~ >> <br />Notary Public <br />`CRY <br />Name and Address of Person Creating Newly Created Legal Description (§38.35- 6.5, CA7~ St~OA `: <br />': BAESSLEH :' <br />Description ofNon-Exclusive Easement for Pipeline Created by: N`. <br />'f> y^ <br />Richard Gossett ~~ OF ~;, _{\`~ <br />Bell Surveying Company y''=``>~~' <br />500 Katamath St. <br />Denver; CO 80264 <br />Drawing No. 01 OS 102A <br />