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<br />FAME
<br />9 2 4 EASEMENT AND RIGIiT-01"-WA\' AvREEMENI'
<br />THIS A%REEM ENT made and ertteted into as of [he 9eb derv
<br />of lvirr ~ 1997, 6y and between DOSS'. TANARE. and ROSR \'.
<br />Ta.NAR hereinafter olled'Grantpr" (whetter. g:ammaticaliy singular err plural) and the
<br />SOUTI{ ADAMS COUti Tl' 1VATER ,1VD S:1:V IT,1T1ON D15TRICT, "Grantee; a
<br />ruasi :^:vnicipal corporation of the State oP Celorxdo, Irereinef er called thc'Distria'.
<br />1VITNESSET)):
<br />For and in wnsideu:ion of [he sum of Two-rhon.und Ono-hunA red Dollars
<br />(52,Lp~ p1D ro the Grantor, the Grantor htteby grants to [he District, it successors and usigns.
<br />the sole, occlusive end permanent right to enter, re-enter, occupy and use the hereinafter
<br />described property to consltvct, maintain, repair, replace, remove, enlarge and operate one or
<br />more pipelines (or the transponation of w•nter nr sanituinn water products (sxrrary sewage)
<br />and atI underground and surface appurtenances, including eloctric or other control systems;
<br />including underground cables, wires and connections and surface appurtenances relating
<br />thereto, By way of etample and not by way of (imitation, the parties intent to include within
<br />'the ;cans 'pipelines' and 'appunena+:ces""; the foltosving: mains and conduits, valves, vaults.
<br />manholes, control systems, 'ventilators and the like in, tlrrougl+, over and across the following
<br />described parcel(s) of land situate, lying and being in tlx County of AAants end State of
<br />Colorado, to wit:
<br />Progeny (t~:r "Permanent Easement") described as "permanent easement" in multi-
<br />pegt Attachmmt 1, attached hereto and made a pert hereof as if fully set fenh herein.
<br />:T IS IIF.REDY MUTUALLY covenanted and agreed by and between the parties
<br />hereto as follc•.vs:
<br />1. The District shall have and rxercise the right of ingress and egrus in, ter, over,
<br />througl+ end awss the above descri"txd property for any purpose need(vl for the full enjoyment
<br />of any other right of ocratpanry or use provided for h_rcin, together with the right to the use
<br />of such reasonably additional Innd that nlay be required to facilitate Ilse initial construction of
<br />the facilities contained +vitlrin the described property.
<br />2. Grantor and District egret that during cor,~tn:c[ion District shall have a
<br />temporary easemem (the "Temporary 'asemnn") on that propen7 described in Auechment
<br />I as "temporary easement". Funkier, on locations where Distri<; pipelines cross streams,
<br />ditches, roadways and where the terrah[ may require, Dis:ric[ shall have the right to use
<br />additional work space. Upon completion of the projttt. District shall pay to Grantor the
<br />reasonable market rent (or such space for the time so used.
<br />3. Tlx Grantor shall not wnstnsct any permanent building or similar structure on
<br />:ha described ersemrnt areas. The Grantor may install temporary or removable end replaceable
<br />facilities such as yard liglns, mail bosses, signs er frnces, an.l some shrubs, ftcwers, or plants
<br />within the described easement arras K the District. in the process of exercising one nr more
<br />of tlx rights described in this agreement, !finds it accessary tc remove any of the previously
<br />rlcscribed items which have been placed or planted +vittrin the describe) easnnent areas, ttte
<br />District stroll do so at its own cost. The District shall bt responsible to replace such items after
<br />fie Iras a<ercised its rights under this agreement. The rcplacenrent of such facilities shall be solely
<br />tiu responsibility of ;hc Distrct.
<br />4. All pipelines installed b;• ilre District within the above described easement areas
<br />s.`.ai: be'.aid into not less tha--sec~a :d erne-half (4-1/?) (let below :he natural surferce of the
<br />d)ntent groan), , s n e~isrs rat the tinic of consim^linn
<br />AOAlfS q
<br />R08FJtT SACK
<br />41.00 OOC FEE: 0.00
<br />8K: 5040 PG: 0275-G282
<br />6/27/97 10:48:77
<br />00293846
<br />Attachment C
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<br />F€
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