~~ ,
<br />,,~~..
<br />.'
<br />~~ ,
<br />w.-.,'
<br />;:
<br />,I ~ I(~ W~IIII~~II~I~~~~~~I~~
<br />~ ~ _ -- ~- .
<br />- ,
<br />
<br />C0~"7y f1f FL P,'.50 cep*r OF nRnR°' ~,~`~- pg01l.f~ +>~`~~
<br />11ECEI': l'J ',i ~~.~ i. ~.... . ~.f o
<br />RECEPilON NO. 1.•1(:611',1. asntc W, SO11W ~c~no'~ ~ ~~
<br />E%HIBIT 2 ~
<br />WARRANTY
<br />,
<br />GRANT OF EASEMENT I
<br />KNOW ALL MEN BY TIIESE PRE5F.NTS, 'filAT Charles A. BelenbeCg, ~
<br />individually, and ae Attorney in Pset for all equ y ovnare n e ands
<br />described ea 'Burdened Lands' in Ezhlblt B hereto, ineludiny, bu' not ~~
<br />limited to, Centennial end Nestern Development Co., s Colorado Cotporetlon,:
<br />Martln Liat, or Ceder Bil le, a tradename for a joint venture '
<br />(hereinafter collectively referred to as "Grantor") of the County of
<br />E1 Paso, State of Colorado, for the Consideration of ONE DOLLAR (51.00) '
<br />and other good and valuable consideration, in hand paid, hereby sells
<br />and Conveys t0 CASTLE CONCRETE COMPANY, A Colorado Corporatimn,
<br />(hereinafter referred to as "Grantee') its successors and assigns in
<br />the Bnnefitted i,ands described in Exhibit "A• attached hereto and made
<br />a part hereof (hereinafter referred to as the "Benefitted T.n nds"), of
<br />I~ the County of E1 Paso and State of ~COlorado, whose mailing address is
<br />, Post Office Box 2379, Colorado Springs, Colorado. 80903, the following
<br />~` easement 'm, ..ver and under the Burdened Lands described in Exhibit
<br />1(` "B" attached hereto and made a pert herefor (hereinafter referred to
<br />as the "Burdened Lands'):
<br />~, The Grantor, for itself, its heirs, Personal Representatives
<br />and assigns, does hereby grant, bargain, sell and convey
<br />~' unto Grantee, its successors and assigns, forever, an
<br />` casement appurtenant to the Benefitted Lands as above
<br />F~. described, on, over and under the Burdened lands as above
<br />described, and for the use and benefit of Grantee, its
<br />successors and assigns, for any and all of the consequences
<br />~~ incidental to a reasonable and lawful mineral extraction
<br />Y and removal process, now occurring or hereafter occurring on
<br />~! the Benefitted Lands, from which the Grin tee new extracts and
<br />~;y renoves, and will continue to extract and icno ~~e, +nch
<br />rFy`~ quantities of material and mineral as it may from time to
<br />time desire or require; Grantor hereby ~: aivcs, releases,
<br />and remises any right or cause of action rah iuh it now has
<br />or which it may have in the future ayainst Grsntce, its
<br />successors or assigns, that may exist or arise by such
<br />t reasonable and lawful extraction and removal process.
<br />4. Nothing hzrein shall be construed to permit Grantee to
<br />conduct actual extractive mining operations on the Burdened
<br />E Lands nor to possess any portion thereof except as above-
<br />i recited; said easement runs only to consequences arising
<br />R, from Grantee's reasonable and lawful mineral extraction
<br />', and removal process on the Benefitted Lands.
<br />1 i 'f0 NAVE AND TO t10LD said casement and all riyhts appertaintna
<br />thereto unto the Grantee, it^ successors and as=tans; this
<br />~ ~,~`cf4en:-nt and easement shell rvn with the affected lands,
<br />~ ~~ `~'
<br />~ Page 1 of .~
<br />e--
<br />
|