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05/12/2008 08:36 9708701329 ROUTT COUNTY CLERK PAGE 03 <br />l 6282.3b <br />I 11 Page! $ ofl 5 <br />lot ?m?OA.. <br />If1 <br />Kay WeInlanO Routt county. G9 EASp7ENTR Z8. 00 D 0.0@ r <br />thence N 89°03'45" W 1,125.35 fed to the line between AP6 TR161; thence <br />along said line S 00031'33" 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 AP 1 TR 161 <br />And AP2 TR 161 as being N 89010'26" W. <br />The Easement is subject to the following terms: <br />The Fasenaent shall be 40 feet in width, being 20 feet on either side of the <br />surveyed conterline as described on Exhibit A attached hereto, and located on, a <br />300 foot wide stretch of land owned by Grantor (the "Servient hand"), <br />2. The Easement includes the right to a maximum of one driveway out, up to 24 feet <br />in width, to the Benefited Property across the Servient Land, to be located on the <br />north side of Divide Road. The location of this out is approximately at US State <br />Plane Coordinate 1927, Colorado Northern Zone, northing of. 374,690.5 and easting <br />of 1,592,916.6. <br />3. 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 Basement 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 in the Benefited Property and shall constitute <br />interests running with the Benefited Property. <br />6. The SeMent 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 />("CDMCT"). 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 min mum of <br />two years from the date of this Easement. <br />A. During the time the Permit is in effect, the following restrictions-shall apply: <br />1. Grantees shall not conduct any alterations, improvements, earthwork, <br />maintenance, or repairs of any kind on the basement or on the Servient <br />Land without Grantor's prior written cont, 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 />s The work is permissible under the Permit;