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EASEMENT DEED
<br />i~/h.~ .~ f>~ /.~f ~~ > > ~ r~,~r ., a Colorado ~OY74 • ,whose address is
<br />~Jy~' ~ /A~=" SrS•«~ ~r~ ~ 7~~ ~~ ~ri.5 Ll % , ("Grantor") in exchange for good and valuable consideration, grants
<br />and conveys to CLIFTON WATER DISTRICT, a Colorado special district, whose address is 510 34 Road, Clifton, Colorado
<br />81520 ("Grantee"), a perpetual, exclusive easement identified as:
<br />EXIBIT A asattached
<br />This easement shall be 30 foot wide during construction. Once construction of the facilities has been completed the easement
<br />shall be 15 feet wide. This easement shall be over, under, through and across the above-described property and carry with it
<br />the right of ingress and egress to and from and access on and along said easement, with the right to use existing roads to
<br />survey, construct, install, use, maintain, repair, remove, replace, improve, resize, relocate and redesign of domestic water
<br />pipelines and related facilities.
<br />The easement shall carry with it the full right and authority to cut, remove, trim or otherwise control all trees and landscaping,
<br />brush and other growth on the easement that in Grantee's sole judgment may interfere with Grantee's use of the easement or
<br />rights under this Deed.
<br />Grantor reserves the right to the use and enjoyment of said property except for the purposes herein granted, but such use shall
<br />not hinder, conflict, or interfere with the Grantee's rights hereunder or disturb Grantee's facilities. Grantor shall not
<br />construct, nor permit to be constructed, any buildings or other permanent structures other than streets, sidewalks, curbs, and
<br />gutters on any part of the surface of the easement without the prior written approval of Grantee. Grantor shall not change the
<br />grade, remove dirt from the surface of the easement, or impound water over the easement without the prior written approval of
<br />Grantee.
<br />The Grantor will receive benefit from the Grantee's installation of a water distribution line in close proximity to future
<br />development. The Grantee will install one (1) fire hydrant within the granted easement.
<br />The failure of Grantee to enforce any of its rights under this easement upon any occasion shall not be deemed a waiver of such
<br />rights on any subsequent occasions. Any waiver, in order to be valid and effective, must be in writing.
<br />This grant, and its terms and conditions are binding upon the heirs, representatives, successors and assigns of the parties.
<br />This easement and the rights of the parties under it shall be governed by and interpreted in accordance with the laws of the
<br />State of Colorado and may be enforced only in the District Court of Mesa County, Colorado. In the event of a dispute
<br />involving or relating to any term or condition of this easement, the non-breaching party shall be entitled to recover its
<br />reasonable costs and attorney fees, including post-judgment collection costs, in addition to actual damages.
<br />GRANTOR: Y~ . / ~i7
<br />~f~. ~C~wc~c/ ICJ ~U4_ / ~ /LI~ l..G~9
<br />By:
<br />STATE OF COLORADO )
<br />') ss.
<br />COUNTY OF MESA )
<br />Mark
<br />Subscribed and sworn to before me the 8 day of November , 2007, by
<br />A. Gardner ,as VP ofWhitewater Building Materials Corp.
<br />WITNESS my hand and official seal.
<br />My commission expires: :/~1//~// ( ~ ~.--~
<br />~ of ry Public ~~~
<br />!~ . V v
<br />0112412011
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