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MAY-11-2889 13:53 3032988748 P.04i14 <br />9/19/2000 tt:16:37 <br />ELK: 6260 PS: 0186-0193 <br />40.00 DOC FEE: 0.04 <br />CAROL SNYDER <br />ADAMS COUNTY <br />EASEMENT AGREEMENT <br />W 1S EASEMENT AGREEMENT is made and entered into this 49 day of <br />, 2000, by and between, the McCanne Ditch and Reservoir Company, a Colorado <br />rporation, hereinafter "McCanne'", and Aggregate Investments L.LC, hereinafter, <br />Aggregate"; <br />WITNESSETH: <br />WHEREAS, McCanne is the owner of that certain seepage and irrigation ditch <br />known as the McCanne Ditch (Ditch) in Adams and Weld Counties, Colorado; and <br />WHEREAS, Aggregate is the owner of certain property located in the NW% of the <br />SEX, Section 12, Township 1 South, Flange 67 West of the 61' P.M. Adams County, <br />Colorado ("the Property"); and <br />WHEREAS, Aggregate has relocated the McCanne Ditch, at it's expense, and <br />desires to provide an easement for the relocated Ditch as shown on Exhibit 1 attached <br />hereto and by this reference made a part hereof; and <br />NOW, THEREFORE, in consideration of the mutual covenants and promises of the <br />parties hereto, it is agreed as follows: <br />1. Aggregate grants to McCanne a ditch easement, with all necessary access for <br />operation, maintenance, replacement and repair, as shown on Exhibit 1, which shall <br />be perpetual and exclusive to McCanne. The width of the ditch itself is 84 feet as <br />shown on Exhibit 1. In addition thereto the easement shall specifically include 10 <br />feet on each side of the Easement described in Exhibit 1 to provide access for <br />operation, maintenance, replacement and repair of the ditch. <br />2. This Easement Agreement represents the complete agreement of the parties and <br />no oral modification shall be effective. Any amendments or additions to the <br />Agreement shall be made in writing and shall be signed by the parties hereto. <br />3. This Easement Agreement is binding upon the parties, their successors and <br />assigns. <br />4. This Easement Agreement shall benefit and burden the lands and property of the <br />parties as described herein and shall run with the land. As of the date of <br />recordation of a. conveyance of any of the real Property burdened hereby, the rights <br />and obligations of the grantor pursuant to such conveyance shall cease, such rights <br />and obligations being assumed by the grantee in such conveyance. <br />F:UQKMCCANNEIEasement7