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PAGE DCCU"viEC, <br />2293243 Bk 4d62 P6 2a6-'l40 <br />RIGHT-OF-WAY EASEMENT 12,'i0,'20d5 03: d2 Pt1 <br />~7anice 41ard CLK.uREC Mesa County. Cd <br />RecFee 825.00 "surCh9 51.00 <br />UocFee EXEt9PT <br />THIS RIGHT-OF-WAY EASEMENT (this "Easement"), is made and entered into as of the ,z~ <br />day of , 2005, by SPRINGFIELD RANCHES LLC, a Colorado Limited Liability <br />Company, whose address is P.O. Box 1380, Clifton, Colorado 81520, hereinafter referred as <br />"Grantor", and UPLAND GRAVEL ,INC., A Colorado corporation, whose address is 542 33 Road, <br />Clifton, Colorado 81520, hereinafter referred to as "Grantee'. <br />WITNESSETH: <br />WHEREAS, Grantor is the record owner of fee title to certain real property referenced and <br />described hereinbelow: and <br />WHEREAS, Grantee seeks anon-exclusive easement over, upon and across said real <br />property of Grantor for purposes of ingress and egress. <br />NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which is hereby acknowledged, Grantor grants to Grantee as follows: <br />SECTION 1. GRANT. Grantor hereby grants and conveys to Grantee, his heirs, <br />successors and assigns, anon-exclusive (except as provided in Section 2 below) and permanent <br />(except as provided in Section 5 below) easement (the "Easement") in, upon and across the <br />following real property lands located in Mesa, County, Colorado: <br />(SEE ATTACHED EXHIBIT A) <br />and made a part hereof. <br />SECTION 2. GRANTOR'S RIGHTS TO EASEMENT PROPERTY. Grantee shall have <br />a non-exclusive right to the easement and to use any road constructed on the Property by <br />Grantee; provided, however, that Grantor shall have the right to use such road for purposes they <br />determine appropriate. Any use by Grantor of such road or the Property shall not interfere with <br />Grantee's use of such road or its other rights hereunder, and Grantor shall indemnify and hold <br />Grantee harmless from any claim, demand or liability (including litigation expenses) arising from <br />or related to the use of the Property or the road by Grantor. Grantee shall have the right to use the <br />easement for the transportation of rip rap, aggregate, gravel and gravel mining equipment, <br />