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damages to persons or property resulting from Grantee's failure to exercise due care, shall be paid for and <br />repaired at the expense of Grantee. <br />Grantor agrees that they will not use, build, construct, erect or maintain any structures within the <br />boundaries of said easement without the prior written consent of Grantee. <br />Grantee may peaceably hold and enjoy the rights and privileges herein granted without interruption <br />by Grantor. The terms, covenants and provisions of this easement agreement shall extend to and be binding <br />upon the heirs, successors and assigns of the parties. This easement shall terminate upon Grantee's removal <br />and non - replacement of the lift the lift station. <br />STATE OF COLORADO <br />County of Mesa <br />The foregoing instrument was acknowledged before me this <br />by:Mark A. Gardner, V. <br />My Comilla' .0112412911 <br />Acceptance by: <br />Mesa County Whitewater Public Improvement District, <br />State of Colorado <br />Peter M. Baier, Mesa County Public Works Director <br />WHITEWATER BUILDING MATERIALS CORPORATION, <br />a Colorado Corporation <br />o%G <br />day of <br />Mark A. Gardner, Vice- President <br />Grantor <br />2010 <br />Witness my hand and official seal: My notarial commission expires: <br />///,)///1(1,0// <br />