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05/12/2008 08:36 9708701329 ROUTT COUNTY CLERK PAGE 03 <br />1 r028236 <br />ll?lll?lli Page! 2 afi 5 <br />1111 <br />II fll! <br />I III <br />II <br />Il Il?lll« ?0, 00s 04. <br />??III II 27,2 <br />Kay Woinland Routt County, CO EAMENT R 2a. e0 D0.06 <br />thence N 89003'45" W 1,125.35 feet to the line between AP6 TR161; thence <br />along said line S 00031133" W 228,11 feet to the Point of Beginning, containing <br />439 acres more or less. <br />All bearings are based upon the line between API IR. 161 <br />And AP2 TR 161 as being N 89° 10'26" W. <br />The Easement is subject to the following terms: <br />The Easement shall be 40 feet in width., being 20 feet on either side of the <br />surveyed centerline as described on Exhibit A attached hereto, and located on, a <br />300 foot wide stretch of land owned by Grantor (the "Semient Land'), <br />2. The Easement includes the right to a maximum of one driveway cut, up to 24 fCt <br />in width, to the Denefited Property across the Servient Land, to be located on the <br />north side of Divide Road. The location of this out is approximately at U5 State <br />Plane Coordinate 1927, Colorado Northern Zone, northing of. 374,690.5 and easting <br />of 1,592,916.6. <br />Grantees shall have the right to relocate the existing access gate, at Grantees' <br />expense, to the existing property line fence at the southern most point of this <br />easement. <br />4. The Easement shall be limited to residential access only and shall not be used for <br />commercial or industrial purposes. <br />5. The Easement shall be appurtenant to the Benefited Property and shall constitute <br />interests running with the Benefited Property. <br />6. The Scrvient Land is subject to Mining Permit No. C-1980-001 (the "Permit') <br />issued and controlled by the Colorado Division of Minerals and Geology <br />("CDMG'). Violations of the Permit can result in very serious implications and <br />penalties to Grantor. Grantor expects the Permit to be in effect for a nrfnitmm of <br />two years from the date of this Easement. <br />A. During the time the Permit is in effect, the following restrictiowshall apply: <br />Grantees shall not conduct any alterations, improvements, earthwork, <br />maintenance, or repairs of any kind on the Easement or on the Servient <br />Land without Grantor's prior written consent, including construction of <br />the driveway cuts to the Benefited Property, which consent Grantor <br />shall not unreasonably withhold. Conditions to Grantor's consent shall <br />include, but not be limited to, the following: <br />a The work is permissible under the Permit;