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• <br /> <br />li~i09/2000 11:55 RECORD FEE: 'b 120.OC' FAGE !k: <br />CHAFFEE COUNT'r, CO, SOYCE M RENO - CLERK & RECORDER REC #; <br />RIGHT-OF-WAY AGREEMENT <br />III IIIIIIIIIIIIIIII <br />sss <br />UVV1 Ur VVC4 <br />313855 ** <br />RFC. <br />S J- ,-:. <br />THIS Right-of--Way Agreement is entered into this 31 day of Aught 2000`tiy and between <br />LOWRY RANCHES, LLC, A Colorado Limited Liability Company, (Lowry RaifBtg~~ and ^~~ <br />COLORADO L1ME COMPANY, a Colorado Corporation (CALCO). '~%~,,, <br />WHEREAS, Lowry Ranches is the owner of certain mining claims situate in Monarch MiiflS~, <br />District, Chaffee County, Colorado, across which extends a thirty foot (30') wide right-of--way from <br />Highway 50 through and across certain of such mining claims, all as more particularly described on <br />Exhibit "A" attached hereto and incorporated herein by this reference (the Right-of--Way); and <br />WHEREAS, CALCO desires to purchase a ten (10) year easement across such right-of--way for <br />the purposes of ingress and egress over such right-of--way; and <br />WHEREAS, CALCO additionally desires a first right-of-refusal to purchase certain land <br />necessary to protect a perpetual easement along such right-of--way. <br />NOW, THEREFORE, in consideration of the good and valuable consideration in hand paid, and <br />other mutual agreements between the parties, the parties agree as follows: <br />1. Lowry Ranches hereby grants and conveys to CALCO for a period often years, <br />commencing on the date of this agreement and continuing for ten years, the non-exclusive right-of--way <br />across the right-of--way described on the attached exhibit for the purposes of ingress and egress by <br />CALCO for its use in transporting product across such right-of--way and for other associated business <br />uses. Lowry Ranches, its assigns and personal representatives shall continue to have anon-exclusive <br />right-of--way to use such roadway. <br />2. Lowry Ranches hereby grants to CALCO a first right-of-refusal to purchase certain <br />adjoining lands necessary to protect a perpetual right-of--way easement across the right-of--way <br />described on the attached exhibit. This grant ofright-of-refusal shall commence on the date of this <br />agreement and continue for a period of five (5) years. The lands subject to this right-of-refusal are <br />portions of the Doctor Claims, as outlined in blue on the attached exhibit, necessary for the operation of <br />CALCO's mining operations and lying south of U.S. Highway 50. In the event this right-of-refusal is <br />exercised, the purchase price shall not exceed the price as set tbrth in a bona tide otter to purchase by a <br />third party. Any such offer received by Lowry Ranches shall be communicated to CALCO within <br />twenty (20) days after receipt and signing of such offer by Lowry Ranches, and thereafter CALCO shall <br />have fifteen (15) days in which to accept or reject such offer. <br />Signed the day and year first above written. <br />LOWRY RANCHES, LLC <br />A Colorado Limited Liability Company <br />-/' / ~ ~. <br />ember <br />COLORADO LIME COMPANY <br />A <br />ice <br />~,'/I <br />/i7/.~'{~ c,d- <br />- Manufacturing <br />