PERMFILE56434

• Permit No: M2003091
• IBM Index Class Name: Permit File
• Doc Date: 9/13/2004
• Doc Name: Agreement To Modify Ditch and Ditch Easement
• From: Lafarge West Inc
• To: DMG
• Media Type: D
• Archive: No

EXHIBIT C
EASEMENT DEED
Mineral Reserves, Inc. (Grantor). a Delaware corporation, whose address is
for the consideration of
ten and 00/100 DOLLARS, in hand paid, hereby sells and conveys to Smith and Emmons Ditch
Company (Grantee), a Colorado mutual ditch company, whose legal address is
the Following real property in the County of Weld and State of Colorado, to wit:
a permanent non-exclusive easement more fully described in the attached EXHIBIT C-1
for the operation, maintenance, repair and replacement of the Smith and Emmons Ditch
("Ditch").
Grantee shall have the right to use the easement for the purposes of installing,
constructing, using, operating, maintaining, inspecting, repairing, altering, removing
and replacing the Ditch in whole or in part, and all necessary subsurface and surface
appurtenances for the transportation of water and the operation and control of a water
pipeline on the property described in EXHIBIT C-1; and of cutting and clearing trees,
brush, debris and other obstructions that might interfere with the operation and
maintenance of the Ditch or the Ditch's facilities.
The Grantor shall not place any improvements or structures including fences, berms,
walls, trees or bushes in the easement that interfere with the operation, maintenance,
repair and replacement of the Ditch. Placements are done so at the risk of the persons or
entities placing the improvements or the structures on the property described in
EXHIBIT C-I. Grantee may demand the removal of such improvements or structures
and may remove them at am- time for the purposes of operating, maintaining, repairing or
replacing the Ditch; provided, however, the Grantee shall not be entitled to demand
removal of improvements for which Grantee has granted written permission to Grantor or
to others to install. Any property damage incurred as a result of normal operation,
maintenance, replacement or repair within the easement inc]uding removal of any
improvements which interfere with the use of the easement except for those described
above shall be the responsibility of the Grantor, its successors and assigns, and not the
responsibility of Grantee.
with all its appurtenances, and warrant(s) the title to the same.
DATED:
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