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JUN-15-2004 0905 DUNCRN,OSTRRNDERBDINGESS 303 779 3662 P.52i53
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<br />EII~BIT C
<br />TERMS OF THE PERMANENT EASEMENTS
<br />THE CITY OF GOLDEN, a Home Rule Municipal Corporation, whose address is 911
<br />Tenth Sheet, Golden, Colorado 80401 (the "Petitionet'~, hixeby acquires from SALLY A.
<br />BUCICLAND, PHIL BUCI{I.AND and GLENDA M. GUANELLA (the `7,andowners") a
<br />perpetual non-oxclusive, permanent easement ("Easement's on, over, under, through and across the
<br />property identified as Parcels # 2, # 4, # 5, # 6A, # 7E, # 7F and # 7G and described in Exhibit B
<br />attached to the Petition in Condemnation ("the Propert}r~ to enter, re-enter, occupy and use the
<br />Proporiy for the followirlg purposes.
<br />A USE QF EASEMENT BY PETITIONER The right to use the easement shall
<br />belong to Petitioner and its officers, agents, employees, designees, contractors, guests and invitees
<br />and all those acting by or on their behalf for the purposes set forth below.
<br />1. Road Construction. To construct, operate, maintain, repair and replace a
<br />road within the easements identified as Parcels # 7E, # 7F and # 7G to provide ingress and
<br />egress from U.S. Highway 40 to the Monitoring Wells located on Parcels # 7A, # 7B, # 7C
<br />and # 7D, described in Ezhibtt A attached to the Petition in Condemnation, within the
<br />~` easements identified as Parcels # 2, # 4 and # 6A to provide access for hauling of aggrogates
<br />to be removed from Parcel # 1, described in E1cWbit A, and within the easement identified
<br />es Parcel # 5 to provide access t0 and from Parcel # 1 and U.S. Highway 40.
<br />2. ~ Walls. To conshvct, operate, maintain, repair and replace subsurface
<br />slurry walls or other seepage barrier walls within the easements identified as Parcels # 4 and
<br /># s in connection with the development of ground water storage associated with a water
<br />storage reservoir, bank storage and related facilities.
<br />3. Access. To have a right of entry and access in, to, through, on, over, under,
<br />and across the Property at any and all times deemed necessary by the Petitioner for all
<br />purposes necessary and at all times convenient and necessary to exercise the rights acquired
<br />in this Easement.
<br />B. .JI SE OF EASEMENT BY LANDOWNERS. The Property shall remain in the
<br />ownership of Landowners and maybe used by them for any and all purposes cot inconsistent with
<br />the purposes set forth in this Easement. The use of the Property by the Landowners shall be
<br />regulated by all appropriate ordinances, regulations, resolutions or laws of the governmental entity
<br />with authority over the Property.
<br />C. NO INTERFERENCE. No building, structure, or other above or below ground
<br />obstruction that may interfere with the purposes for which this Easement is being acquired may be
<br />placed, erected, insWled or permitted upon the Property without the prior written approval of the
<br />r Petitioner, which the Petitioner may grant or withhold is its sole and absolute discretion. Tn the
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