|
6A12GAIN AND SALE UEED
<br />(EASEMENT)
<br />Tl-IIS DEED, Made this 27"' day of November, 2001, between FREDA LEE DREILIMG, formerly known as
<br />Freda Lee Ackerson, MYRNA KAY SLA6ASZGWSKI, formerly known as Myrna Kay Ackerson, LARRY R.
<br />LEINWEi3ER as personal representative of the Estate of Mary L'. Lcinweber, also known as Mary Evetyn
<br />Lcinweber, formerly known as Mary Gvelyn Ackerson, Deceased, and D & S M[NING, INC., a Colorado
<br />corporation, of the County of Weld and State of Colorado, Grantors, and MINERAL RESERVES, INC., a
<br />Colorado corpornion, whose legal address is 1400 West 64°i Avenue, Denver, Colorado 80221, Attention:
<br />Duane E3ollig, Division Land Manager, of the City and County of Denver, State of Colorado, Grantee:
<br />WITNESSF.TH, that, for and in consideration of the covenant given by the Grantee and its affiliate, Mobile
<br />Premix Concrete, Inc., to make its best efforts to mine and reclaim the 168 acre parcel, known as- the "pasture,"
<br />situate within the W;;SW'/. of Section 7,'f. I N., R. 66 W., and the E%:SE'/. of Section 12, T. I N., R. 67 W., of
<br />the 6°' P.M., which is subject to a mining lease of August I5, 1996 from Grantor D & S Mining, Inc., amended
<br />on April 20,1993 and partially assigned nn November Z3, 2000, such [hat [he final excavation and reclaimed
<br />site will be developed ro maximize the amount of usable storage capacity for municipal reservoir storage
<br />purposes consistent with the Grantee's mining plan, unforeseen and unanticipated geologic conditions and on-
<br />site and future aggregate market conditions, the Grantors hereby sell and convey to Grantee a perpetual non-
<br />esdusive easemau and right-of--way for a road from Colorado Highway 52 to the following parcels for ingress
<br />and egress to and fiom such parcels, together with the right to place, replace, repair, use and operate within
<br />such easement and right-of-way such utility lines as the Grantee may require for use and operation of its
<br />properties or rights therein in Section 12, Township I North, Range 67 West of the 6'" P. M., Weld County,
<br />Colorado:
<br />The NW'/. oCthe SE'/. and the East 30 acres of the NE'/. of the SW;:;
<br />The SF.'/. of the N W'/.;
<br />The easement herein granted constitutes the conveyance and assignment, in connection with the conveyence of
<br />even date herewith of the above-described parcels, of the easement rights on, over and across the West 30 Acres
<br />of the W'/,SE'/. of Section 1, Lot A of Recorded Exemption 1469-12-1-RE 152 in the NE'/, of Section I~, and
<br />the NC'bNW'/. of Section 12, T. L N., R. 67 W, of the 6°' P.M. along the centerline and with the boundaries
<br />more particularly described in Exhibits A, l3 and C hereto, confirmed and conveyed in that certain Agreement
<br />and Reciprocal Confirmation and Grant of Easement among Grantors and Grantee and [3rent 1{. Schroeder and
<br />Mary A. Schroeder dated November t ~. , 2001.
<br />TO HAVE AND 'f0 HOLD the premises above bargained and described with the appurtenances unto the
<br />Grantee, its successors and assigns forever.
<br />IN WITNESS WHEREOF, the Grantors and Grantee have executed this deed on the date set forth above
<br />ZL~ I,Lea.-_r~ .L~c~,.o~
<br />Freda Lee Dreiling,
<br />Ok/a Freda Lee Ackerson
<br />~~
<br />Slabasze sl
<br />f/k/a Myrna K. Ackerson
<br />I 1~~21c~L'L~:~
<br />Larry Lcinweber as Personal
<br />Representative of the Estate of Mary
<br />Evelyn Lcinweber, a/k/a Mary E.
<br />Leimveber, 17k!a Mary 8velyn
<br />Ackerson, Deceased
<br />MINERAL RESERVE'S, INC., a Colorado
<br />corporation
<br />Bv: !~~ P~
<br />Title)
<br />D & S MINING, INC., a Colorado
<br />corporation,
<br />[3y:
<br />Freda Lee Dreiling, Preside
<br />(Seal]
<br />A-I
<br />
|