|
r~
<br />u
<br />s Easement Agree ent nd Deed (this "Agreement's is made and entered into
<br />as of the _~~~ day of _~,~ rte.- 2004 by and between WILLIAM 0.
<br />SEAWOR d PAULETTE M. EAWORTH (collectively, "Grantor"), whose address is
<br />2305 North Taft Hill Road, Fort Collins, CO, 80524, and LAFARGE WEST, INC., a Delaware
<br />corporation ("Grantee"), whose address is 1400 West 64`h Avenue, Denver, Colorado 80221.
<br />Recitals
<br />Grantor owns certain land along the Poudre River in Larimer County, Colorado that
<br />adjoins or is in the vicinity of lands owned or controlled by Grantee. Grantor uses his land for
<br />recreation purposes for himself and his guests. Grantee desires to extract sand and gravel and
<br />develop water reservoirs on its lands. Grantor's land lies between certain pazcels of Grantee's
<br />lands and provides links between reservoir sites contemplated for Grantee's lands. Grantor is
<br />agreeable to the installation and use of certain improvements and facilities on Grantor's land
<br />related to development and operation of the reservoirs.
<br />Aereement and Grant
<br />NOW THEREFORE, for and in consideration of the mutual covenants contained herein
<br />and other good and valuable consideration, the receipt and sufficiency of which are hereby
<br />. acknowledged, Grantor and Grantee agree as follows:
<br />1. Easement Grant. Grantor, hereby sells, grants, bargains and conveys unto
<br />Grantee, its successors and assigns the following easements in, over, through, along and across
<br />the following described pazcel of land, situated in Larimer County, State of Colorado, to wit:
<br />Pazce12 as
<br />("the Easement Premises':
<br />a. A perpetual easeme
<br />replacement, reconstruction and
<br />and under the Easement Prerr
<br />developed and intends to devel
<br />owned by the Grantee and me
<br />Property"), including without 1.
<br />power, access roads, and other
<br />related improvements, equipmen
<br />and cut/deposition damage to tl
<br />high water flows which affect th
<br />• b. An easement for a ter
<br />Benefited Property and for ma
<br />extraction and processing opera
<br />limitation, construction of roads,
<br />d on the attached survey plat (Exhibit A)
<br />t for the purpose of installation, use, maintenance, repair,
<br />mprovement of reservoir-related facilities in, on, over, across
<br />>es, to be used in connection with reservoirs Grantee has
<br />p after mining of sand and gravel on certain adjoining land
<br />particularly identified in Exhibit B hereto (the "Benefited
<br />nitation pipes, pumps, pump houses, valves, meters, electric
<br />vaer monitoring, measuring, storage, discharge and transport
<br />and fixtures; and for the stabilization and restoration of erosion
<br />Poudre River bank and shoreline resulting from flooding or
<br />improvements or operations of the Grantee;
<br />of years for the purpose of allowing access by Grantee to the
<br />ial transport while Grantee is conducting sand and gavel
<br />ns on any part of the Benefited Property, including without
<br />~udre River crossings, installation of conveyor belts and other
<br />tosaaroal
<br />
|