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•' <br />Paul E. McGehee <br />Iuly 18, 1997 <br />Page 2 <br />2. The easement will need to be signed by both Skelton, Inc. and the Skeltons as <br />individuals, as the easement crosses the South half of the Northwest one-quarter, which is owned <br />by the Skeltons as individuals. <br />3. To the extent necessary, Skelton, Inc. will upgrade the portion of the existing <br />easement to the conditions called for in this letter for the new easement. <br />4. The Fitts' require a policy of title insurance, insuring the Fitts' Trust as owners <br />of the dominan[ tenement, on both the new easement and the remaining portion of the old <br />easement. Since lack of access would make the Fitts' property worthless, the value of the policy <br />of title insurance should be the value of the dominant tenement: Said policy should also insure <br />ingress and egress to a public road. <br />5. Both easements should be 60 feet wide. <br />6. Both easements shall be made a part of the official records of the appropriate <br />counties (both Montrose and San Miguel), to the extent that that record does not already exist. <br />7. The easements shall be for use and benefit of the dominant tenement for ingress, <br />egress, utilities and all other lawful purposes, and be for the use of the current owners of the <br />property, their heirs or assigns, in whatever number said heirs or assigns may exist, and <br />however said dominant tenement may be divided or subdivided. <br />8. Maintenance of the easement shall be the burden of the servient tenement. Said <br />easement shall be maintained flat, at grade, and passable by a two wheel drive automobile. <br />9. The holder of the servient tenement shall, within two months of the granting of <br />the easement, have the easement surveyed and staked on both sides with steel T-posts not more <br />than 200 feet apart, and shall thereafter maintain the T-posts so that they provide a visual <br />indication of the location of the easement. <br />10. The deed previously provided will need to be revised to show the easement(s) as <br />being in both Montrose and San Miguel Counties, be signed both by the Skeltons individually <br />and by Skelton, Inc., shall properly reflect the legal description of the dominant tenement, shall <br />properly reflect the scope of the easement, and shall reflect that the duty of maintenance of the <br />easement belongs to the grantors, their heirs or assigns. <br />