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,IUN.11.2003- 1:41fM LAND DEFT
<br />• of-Way. Upon recording of such document containing a legal description for the centerline of ttie
<br />Right-of-Way, this Agreement shall be deemed amended and the Right-of-Way granted herein shall be one
<br />hundretl twenty five feet (125') wide, being sixty-two and one-half feet (62.5') on each side of said surveyed
<br />and legally described centerline.
<br />NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideraiion, the
<br />receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
<br />1, Grant of Right-of-WaV. Grantors hereby grant and convey to Grantees, their successors and
<br />assigns, with respect to such title and interest as the Grantors may have in the Grantors' Property, and upon
<br />the terms and conditions hereinafter stated, the non-exclusive Right-of-Way to enter upon the Grantors'
<br />Property for the purpose of allowing Grantees, their employees, licensees, agents, contractors,
<br />subcontractors, invitees and other persons, ingress and egress to and from Grantees' Property, subject to all
<br />agreements of record for the use, maintenance,covenlants, contditionsre frictions, obligat ons and liabiaties
<br />reservations in patents, easements, rights-of-way,
<br />as may appear of record, as may be visible on the Property , or as may be otherwise known to Grantees, and
<br />further subject to use restrictions as specified herein. The scope of each Grantee's rights under'this
<br />P9operty,nas desc ib d here f odreesidential, m Hertel extra is n and agn ultural (purposes only h Grantee's
<br />2. Term. The term of the Right-of-Way Easement granted herein is perpetual.
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<br />3. Use Restrictions. Grantees may not use the Right-of-Wayforpurposes prohibited by anyapplicabie
<br />laws, rules and regulations, including the laws of the United States and the State of Colorado, and the
<br />ordinances of the city, town or county in which the Right-of-Way is situated or where there is jurisdiction,
<br />subject to the above said purpose and restrictions in this Agreement. Further, Grantees may not use the
<br />Right-of-Way for any improper or questionable purpose, whatsoever, nor may they permit or suffer any
<br />disorderly conduct, noise, or nuisance. Each Grantee agrees to:
<br />a. not construct, erect, or maintain any buildings, barns, sheds, corrals, stNCtures, orotherfacilities
<br />of any sort on the Right-of-Way, excepting gates and/or cattle guards as provided herein, unless
<br />approved in writing in advance by Grantors in accordance with Paragraph 79, below ("Grantors'
<br />Consent");
<br />b, not permanently store vehicles on the Right-of-Way, or permit any vehicles, trailers or storage
<br />facilities to be placed or parked on the Right-of-W ay which contain explosive or flammable liquids
<br />or materials other than normal fuel for operation of vehicles ;
<br />c. not hunt or discharge firearms on the Right-of-Way;
<br />d. not grant, bargain, sell or convey any portion of Grantee's Property or subdivide Grantee's
<br />Property, and not assign, sell, delegato, subcontractor othenvisetransfer or encumber in anymemner
<br />whatsoever, all or any portion of the rights granted under this Agreement. Any such attempted
<br />subdivision or division of any Grantee's Property shall cause the rights granted herein to that Grantee
<br />to terminate. The restriction contained in this subparagraph d, shall terminate and be of no fi3yeor
<br />force and effect upon the earlier of (i) thirty (30) years from the date of signature of the party ;
<br />oxecute this Agreement or, (ii) the release of that certain Redamation Bond(s) secured under Seneca
<br />II Mine Permit identified as No. C-82-057. Regardless of the restriction contained above, a !3rant,
<br />bargain, sale or conveyance of less than a full surface interest in a Grantee's Property will not violate I
<br />the terms of this subparagraph if such grant, bargain, sale or conveyance is not defined as a
<br />"subdivision" under C.R.S. 30-28-101(10) or if such Grantee's Propertybeinggranted, bargained, sold
<br />or conveyed is part of a Land Preservation Subdivision ("LPS') or Minor Development Subdivision
<br />Exemption ("MDSE") approved by the Routt County Board of County Commissioners, or in the event
<br />that the terminologyfor a LPS or MDSE has changed, then, to such event, LPS ahd MDSE shall also
<br />mean any successor designations. ! ! I ! !I _ !I _-_ I - -- -
<br />2 I I~~I I VIII III~II 1 IIII 111 ~IIIIIIIIII III VIII III IIII 5718 0469: tar i
<br />Kay Weinland Rout! Ceun ty, CO ERSErIENT R 131.00 P 0.00
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