2011-03-14_REVISION - M1977493 (56)

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RMfb181998-10-21 15:41 10pg Exempt Cheri Bnmvand - Summit County Recorder GRANT OF EASEMENT (Chalk Mountain Interceptor Easement) .A W- 0 0~o a N = N wi ? M CD OD i C9 s+ i 10 t0 -_ O Op CD eq .. as, aw O oD - i B J 7C N- f0 OD o as A _ This Grant of Easement, dated' 199, is from Climax Molybdenum Company, a.Delaware corporation ("Climax") to the Eagle Park Reservoir Company, a Colorado mutual ditch and reservoir company whose address is 846 Forest Road, Vail, Colorado 81657 (the "Reservoir Company'). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Climax hereby grants, sells, assigns and conveys to the Reservoir Company a perpetual, non-exclusive easement allowing use of the Chalk Mountain Interceptor, more particularly-described on Schedule 1 attached hereto, to collect and deliver to Eagle Park Reservoir all surface water flows tributary to such interceptor, together with rights of ingress and egress to the Chalk Mountain Interceptor over and across the East Fork Eagle River Road aka County Road No. 714. Climax warrants title to the property underlying the Chalk Mountain Interceptor free and clear of any liens and encumbrances, excepting matters of record, if any. ` The easement herein granted is subject to the terms of the Chalk Mountain Interceptor Operating Agreement between the parties of even date herewith, a copy of which is attached hereto as Schedule 2 and made a part hereof. Reserving, however, unto Climax the water within the natural subdrainage basins of Robinson and Chalk Mountain Reservoirs below the Chalk Mountain Interceptor and above such reservoirs. To have and to hold the same unto the Reservoir Company, its successors and assigns, ;- forever. The easement granted herein is further subject to the following additional terms and agreements: . 1. Climax further agrees that the Chalk Mountain Interceptor and the AW Delivery Easements granted by the Special Warranty Deed dated May 18, 1993, and recorded in the real property records of Eagle County in Book 609 at Page 158, in the real property records of Lake ' County in Book 504 at Page 715 and in the real property records of Summit County as Reception x No. 443262, can also be used by the Reservoir Company to deliver any Arkansas Well water to which the Reservoir Company is entitled into the Chalk Mountain Interceptor for delivery to Eagle Park Reservoir. 1111111111111111111 IIII 1111111111 FIN 111111111111 IN Ms1857 669747 09/17/1998 04:35P 174 Sara Fisher 1 of 12 R 61.00 D 0.00 N 0.00 Eagle CO Exhibit 29