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EASEMENT VACATION AND RELOCATION AGREEMENT
<br />THIS EASEMENT VACATION AND RELOCATION AGREEMENT (this
<br />y
<br />"Agreement") is made and entered into this 2Z day of , 200/,%
<br />LIVINGSTON LEIGH LIVESTOCK OF WELD COUNTY, LC, a Colorado limited liability
<br />company having an address of 4124 Spring Canyon Ct., Fort Collins, CO 80525 (herein
<br />"Livingston Leigh" or "Grantor"), KINDER MORGAN INTERSTATE GAS TRANSMISSION
<br />LLC, a Colorado limited liability company having an address of P.O. Box 281304, Lakewood,
<br />CO 80228 ("Grantee") and LAFARGE WEST, INC., a Delaware corporation, with its address at
<br />10170 Church Ranch Way, Suite 200, Westminster, CO 80021, Attention: General Manager
<br />Aggregates (herein "Lafarge" or "Lessee").
<br />WITNESSETH:
<br />WHEREAS, Livingston Leigh is the owner of that certain real property located in Weld
<br />County, Colorado and more particularly described as:
<br />Lot B, of Amended Recorded Exemption No. 0805-30-3-RE 1089, recorded July 6, 1994
<br />in Book 1449 as Reception No. 02396108, being a part of the S WA of Section 30, T6N,
<br />R66W of the 6t° P.M., and the E2SE/4 of Section 25, and the NE/4 of Section 36, all in
<br />T6N, R67W of the 6`h P.M., County of Weld, State of Colorado
<br />(herein "Livingston Leigh Property"); and
<br />WHEREAS, pursuant to a certain Right-of-Way Grant recorded June 17, 1998 in the real
<br />estate records of the Clerk and Recorder for Weld County, Colorado at Reception No. 2620138,
<br />the Livingston Leigh Property is burdened by an easement and right-of-way as granted and
<br />conveyed to KN Wattenberg Transmission LLC ("Wattenberg") for purposes of surveying,
<br />constructing, installing, inspecting, maintaining, renewing, repairing, removing, replacing and
<br />operating pipelines and appurtenances thereto for the transportation of natural gas, gasoline, oil,
<br />petroleum products, or any other substance which can be transported by pipeline (herein the
<br />"Wattenberg Agreement"); and
<br />WHEREAS, pursuant to that certain Assignment and Conveyance of Easements dated
<br />August 6, 2001 and recorded August 9, 2001 in the real estate records of the Clerk and Recorder
<br />for Weld County, Colorado at Reception No. 2873123, Grantee is successor-in-interest to all the
<br />right, title and interest of Wattenberg in and to the easement and right-of-way previously
<br />conveyed under the Wattenberg Agreement described above; and
<br />WHEREAS, Lafarge is the lessee of certain portions of the Livingston Leigh Property
<br />pursuant to that certain "Gravel Property Lease" dated April 23, 2004; and
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