Laserfiche WebLink
WHEREAS, the current location of a certain portion of the easement and right-of-way as <br />conveyed pursuant to the Wattenberg Agreement interferes with Lafarge's mining operations <br />upon and under the Livingston Leigh Property; and <br />WHEREAS, per the request of Lafarge, Grantor and Grantee have agreed to vacate a <br />portion of the easement and right-of-way as granted within the Wattenberg Agreement (said <br />portion of right-of-way containing no pipeline to date) and relocate the same to an alternative <br />location upon the Livingston Leigh Property, with said relocated portion of right-of-way <br />remaining subject to the terms and provisions of the Wattenberg Agreement. <br />AGREEMENT: <br />NOW, THEREFORE, in consideration of the covenants herein and other good and <br />valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties <br />hereto agree as follows: <br />i . Vacation. With respect to the right-of-way and easement previously granted by <br />the Wattenberg Agreement, Grantee hereby vacates that portion of the right-of-way and <br />easement as depicted and described on Exhibit A attached hereto and incorporated herein by this <br />reference (the "Vacated Right-of-Way") and further quitclaims and relinquishes to Grantor any <br />and all rights, benefits or claims of Grantee to the Grantor's property situated within, upon, <br />across or under the Vacated Right-of-Way. <br />2. Grant of Relocated Right-of-Way and Easement. By this Agreement, Grantor <br />hereby grants and conveys to Grantee, a right-of-way and easement in that location also <br />described and depicted in Exhibit A attached hereto and incorporated herein by this reference <br />(the "Relocated Right-of-Way" ). <br />3. Rights Unaffected. The rights and interests of Grantor and Grantee with respect <br />to the Relocated Right-of-Way and the purposes associated with the Relocated Right-of-Way are <br />and shall continue to be subject to and governed by the terms and provisions of the Wattenberg <br />Agreement, subject only to the modifications made by this Agreement. <br />4. Joinder. Lafarge joins in the execution of this Agreement in order to evidence its <br />consent hereto and further to acknowledge the vacation and relocation of the easement and right- <br />of-way as herein contemplated. <br />5. Governing Law. This Agreement will be governed by and interpreted in <br />accordance with the laws of the State of Colorado. <br />2