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_.. <br />so«431A Pace904 <br />NOW, THEREFORE, in consideration of the sum oP TEN DOT.T,naa <br />($10.00) and other good and valuable considerations, paid by <br />District to Grantor, receipt of which is hereby acknowledged, <br />Grantor hereby grants, bargains, sells and conveys to DISTRICT, its <br />successors and assigns, a non-exclusive perpetual easement and <br />right-of-way over that part oP Grantor's land adjacent to the South <br />Platte River <br />(a) designated "Flood Control Easement" on attached Exhibit <br />One; and <br />(b) described by metes and bounds on attached Exhibit Two <br />for construction, maintenance, or operation of improvements in the <br />nature of major drainageway facilities and related appurtenances. <br />Grantor further grants, bargains, sells and conveys to <br />DISTRICT, its successors and assigns, a non-exclusive perpetual <br />easement and right-of-way over the twenty-Five feet (25') adjoining <br />the North and East lines of Grantors land as shown on Exhibit one <br />and more particularly described on Exhibit Three for access by <br />District Prom time to time Por purposes of construction, operation <br />or maintenance of any improvements as above described. <br />The major drainageway facilities contemplated by this Easement <br />are those facilities needed for maintenance or improvement of <br />conveyance of flood waters or for related stream bank and stream <br />bed stability but da not necessarily consist of facilities which <br />would enable the South Platte River to convey the 100-year <br />discharge or any specific discharge, within its banks. <br />In further consideration hereof, Grantor for itself, its <br />successors, and assigns covenants and agrees that no building, <br />structure, fill oP soils or other materials, or other above- or <br />below-ground obstructicn will be placed or peraitted to remain upor. <br />any of the easement areas described on Exhibits Two and Three <br />without the prior written .authority of District. This covenant <br />shall run with the land and in the event of violation thereof by <br />Grantor or any succeeding owner, the violation shall be corrected <br />and eliminated within ninety (90) calendar days after the receipt <br />of written notice from District. If such corrections are not made <br />by the then current owner oP the real estate described on Exhibit <br />wo within said ninety day period, District may at its election <br />correct and eliminate such violation, and the then current owner of <br />the real estate described on Exhibit Two shall promptly pay to <br />District the actual costs thereof. <br />MPM2.012 <br />.lpril 12, 199c <br />