|
SPECIAL WARRANTY DEED
<br />CEMEX, INC. TO
<br />CITY OF LONGMONT, COLORADO
<br />THIS SPECIAL WARRANTY DEED, made this day of November, 2001, is
<br />from CEMEX, INC., a Louisiana corporation ("Grantor"), to the City of Longmont, Colorado, a
<br />home rule City, acting on behalf of its Water/Wastewater Utility Enterprise, whose address is c/o
<br />Water/Wastewater Department, Service Center, 1100 South Sherman Street, Longmont,
<br />Colorado SOSDI ("Grantee").
<br />WITNESS, that the Grantor, for and in consideration of the sum of One Million Three
<br />Hundred Fifty Six Thousand Dollars ($1,356,000.00) and other good and valuable consideration,
<br />the receipt and sufficiency of which is hereby acknowledged, has granted, bazgained, sold and
<br />conveyed, and by these presents does grant, bargain, sell and convey unto the Grantee, its
<br />successors and assigns forever, all the real property, together with all improvements, if any,
<br />situate, lying and being in the County of Boulder, State of Colorado, legally described on Exhibit
<br />A attached hereto and by this reference made part hereof (the `Property'), excluding any and all
<br />minerals or mineral rights and water or water rights appurtenant to, used in connection with or
<br />otherwise associated with the Property, other than the shares of the capital stock of the Supply
<br />Ditch conveyed by Grantor to Grantee by Stock Assignment and Irrevocable Stock Power of
<br />even date herewith.
<br />TOGETHER with all and singulaz the hereditaments and appurtenances thereto
<br />belonging, or in anywise appertaining, and the reversion and reversions, remainder and
<br />remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and
<br />demand whatsoever ofthe Grantor, either in Iaw or equity, of, in and to the above bazgained
<br />premises, with the hereditaments and appurtenances.
<br />TO HAVE AND TO HOLD the said premises above bazgained and described with the
<br />appurtenances unto the Grantee, its successors and assigns forever in accordance with, and
<br />subject to, the matters described on Exhibit B attached hereto and by this reference made part
<br />hereof; and further subject to the restriction that Grantee, its successors and assigns, shall not
<br />develop, use or operate the Property, or permit the Property to be used, developed or operated,
<br />for the purpose of producing, manufacturing, selling or distributing ready-mix concrete, cement
<br />or aggregates or any activity directly related to the concrete, cement or aggregates industries,
<br />except as required by Grantee, its successors or assigns, for construction, operation or
<br />maintenance of Grantee's water treatment plant This restriction shall be a covenant running
<br />with the land, and Grantor shall have the right to enforce, by proceedings at law or in equity, this
<br />restriction and be entitled to recover damages, including reasonable attorney's fees, or other
<br />PMF1014
<br />
|