2012-01-13_REVISION - M1992058 (5)

Home Browse Search

TEMPORARY ROADWAY EASEMENT This temporary roadway easement agreement is entered into this 8 day of August 2011 by and between PENROSE WATER DISTRICT, a Colorado special district, 340 Grant Street, Penrose, Colorado, hereinafter ' trrantor" and COLORADO QUARRIES, INC., a Colorado corporation, 270 S. 15` Street; Caiion City, Colorado, hereinafter "Grantee." WBIEREAS, the Crantor is the owner of the Northwest Quarter of the Northeast Qu uter (NW1 /4NE1 /4), Section 12, Township 48 North,. Range 10 East, N.M.P M.; and WHEREAS, Grantee desires to lease from Grantor a temporary easement along an existing roadway ocated in the Northwest y Quarter of the Northeast Quarter (NW 1 /4NElf4), Section 12, Township 48 North, Range 10 East,N.M.PM. NOW, THEREFORk in consideration of Ten Dollars and Other Good and Valuable Considerations hereinafter set forth, the parties agree as follows: 1. Grantor grants to Grantee a temporary easement for one year of a 15' wide roadway along an existing right -of -way across the Northwest Quarter of the Northeast Quarter (NVW1 14NE1/4), Section 12, Township 48 North, Range 10 East, N.M.P.M., for ingress and egress to mining property of Colorado Quarries, Inc. for the purpose of conducting mining activities by the Grantee. 2. The roadway access is non = exclusive to Grantee and shall be open for use by the Grantor and its authorized users. 3. - In : consideration for such easement, Grantee agrees to maintain certain access roads sufficient for use by passenger vehicles from County Road 45 to the residences at 7543 Fremont County Road 45 and 0120 Fremont County Road 4 Boward. 4. Any extension of the lease agreement shall be the sole and exclusive decision of the Grantor. If no such extension is granted, this easement agreement shall terminate forthwith one year from this date. Grantor shall have the right to terminate the lease upon thirty days written notice delivered to the Grantee if Grantee has failed to abide by all of the conditions set forth "herein. 5. The parties acknowledge the Grantee previously was the holder of a temporary roadway easement with Grantor's predecessors in title. Pursuant to such lease, Grantee erected a steep gate to facilitate Grantee's use of its easement. Such prior agreement provided that upon termination of the prior agreement, that the installed gate would become the property of Grantor's predecessor's in title_ The parties agree that such steel gate is not the property of Grantee. 6. Any and all gates now' .or hereinafter installed; including the steel gate mi existence, shall be closed and locked at all times, except when in use. Grantee shall refrain from distributing keys to such steel gate to Grantee's agents or employees except for the specific purpose of access to Grantee's property for mining activities. Grantor shall receive a key to Grantee's lock and, at Grantor's option, Grantor's may install an additional lock for exclusive use of the Grantor, provided that such lock shall be installed in such manner as to allow Grantee access by the use of Grantee's lock. 7. Grantee shall exercise reasonable and prudent judgment in use of the roadway easement, and shall reasonably maintain the roadway easement from time to time as may be necessary for passage. 8. Any requests for renewal of this Agreement shall be delivered to Grantor in writing at least thirty days prior to.the annual anniversary hereof together with payment of an amount equal to the previous lease payment, If Grantor elects to renew the easement agreement, the renewal shall be in writing delivered to Grantee within thirty days of the request for extension. 26