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v \ WATER PUMP EASEMENT 20114f2rna4 01:34 PM :J.3niC? ;'.~anj CL!~JlF.'cC Mesa RecFe? 82S•G0 'Jtrr['i-~~ DCrC FEb S EXEmPi .~ h LL THIS WATER PUMP EASEMENT (the "Easement") made this ~ 3 day of QGTO 6.~/ 2004, by and between the STATE OF COLORADO acting by and through the DEPARTMENT OF NATURAL RESOURCES, for the use and benefit of the DIVISION OF PARKS AND OUTDOOR RECREATION and Boazd of Pazks and Outdoor Recreation (the "State" or "DPOR" or "Grantor"), whose address is 1313 Sherman Street, Room 618, Denver, Colorado 80203, hereinafter referred to as the "State" or "DPOR" or "Grantor," and OLDCASTLE SW GROUP, INC. dba UNITED COMPANIES OF MESA COUNTY, a Colorado corporation, ("UNITED" or "Grantee"), whose address is 2273 River Road, Grand Junction, Colorado 81505. WHEREAS, UMTED has donated and conveyed the property (the "subject property") to the State which is subject to this Easement, as described in Exhibit A and as shown on Exhibit B, both attached hereto and incorporated herein; and WHEREAS, the State desires to allow UNITED continued access to the subject property for the purposes of removing water and maintaining UNITED's water pump system located on the subject property; and WHEREAS, UNITED acknowledges the DPOR's right and intent to construct, develop and allow public use of a trail system and associated recreation facilities on, over and across the subject property, provided that the DPOR shall coordinate its activities with UNITED so as not to impair the proper functioning of the water pump system. NOW THEREFORE, in considemtion of the terms and conditions herein and other good and valuable consideration, it is hereby agreed as follows: 1. GRANT OF EASEMENT. The State hereby grants to UNITED anon-exclusive easement, in p8rpetuity, for the purposes of removing water and maintaining UNITED's water pump system, together with such reasonable ingress and egress necessary to access UNITED's water pumping operations, over, across and through the subject properly described in Exhibit A. UNITED's water pumping operations are generally as shown on Exhibit B hereof. The actual location of the pump shall be mutually determined by UNITED and DPOR to avoid conflict with the Colorado River trail. 2. DPOR'S USE OF THE SUBJECT PROPERTY. The DPOR agrees to conduct its activities on the subject property in such a manner as not to cause damage to the water pumping operation. Any activities of DPOR, includmg but not limited to trail construction, recreation facilities development and use by the public, shall be managed and wnducted in cooperation with UNITED. DPOR shall have the right to construct a trail, including bridges, culverts and such other improvements as may be necessary to trail construction or recreational facilities development, through, over and across the subject properly. DPOR shall notify UNITED, in writing, no less than fifteen (15) days prior to any construction of trail or recreation facilities, of any proposed construction impacting the water pumping operation. 3. GRANTEE'S USE OF THE SUBJECT PROPERTY. UNITED may use the Easement for the purposes of constructing, repairing, removing, replacing, reconstructing, inspecting, improving and maintaining improvements for UNITED's water pumping operations of the pond located on the subject property. UNITED shall conduct said water pumping operations and its use of the Easement in a professional manner so as to minimize interference with the DPOR's use of the subject property. UNITED'S water pumping . ~ PNGE DOCU~AENT ~~~~ ~~ ?22-226 Cotrnt~a~ i~0 X2.00