Laserfiche WebLink
MEMORANDUM OF WATER LEASE AGREEMENT <br />RECORDING REQUESTED BY <br />AND WHEN RL-CORDED RETURN TO: <br />Gibson, Dunn & Crutcher LLP <br />1801 California Streci. Suite 4200 <br />Denver, Colorado 80202 <br />Attention: Brian Furgason <br />(5pacc above tine for recorder's use only) <br />TiIM MEMORANDUM OF WATER LEASE AGREEMENT ("Memorandum"), made as <br />of September 25, 2006, between Gosney & Sons, Inc. ("Company") and Dom L. Cmsney ("Gosney" and <br />with the Company, the "Lessors'), and Oldcastle SW Group, Inc., doing busines as Four Corners <br />Materials ("Lessee'), selves as notice that Lessors and Lessees have entered into a Water Lease <br />Agreement dated as of the date hereof (the "Water Lease Agreetnent- X pursuant to which Lessors will <br />lease up to 1.0 efs of water diverted from an unnamed tributary of the pine River at a surface diversion <br />point located on the real property described on Exhibit A hereto, and generally known as the Gosney <br />Alternate Pump Station, pursuant to decrees entered by the Water Court for Water Division No. 7 in Case <br />Nos. 82CW29 and 03CW65 to Lessee for Lessee's use on Lessee's real property described on Exhibit B <br />("Leseeels Property"). The terns of the Water Lease Agreement commences on the date hereof and <br />terminates upon the earlier of December 31, 2009 or the date Lessee secures the nemsary approvals from <br />the Colorado Division of Water Resources andlor the Water Court for use of an alternative supply of <br />water on Lessee's Property. <br />Lessors and Lessee desire to execute this Memorandum to provide constructive notice of Lessee's rights <br />ruder the Water Lease Agreeuent to all third parties. <br />The terms of the Water Lease /Agreement are incorporated in this Memorandum by this reference. <br />This Memorandum and the Water Lease Agreement shall bind and inure to the benefit of the parties and <br />their respective heirs, successors and assigns, subject, however, to the provisions of the Agreement on <br />assignment. <br />[Signorure Page Follows]