2012-03-07_PERMIT FILE - C2010088A ‎(20)‎

• Permit No: C2010088A
• IBM Index Class Name: Permit File
• Doc Date: 3/7/2012
• Doc Name: Right of Entry and Water Rights
• Section_Exhibit Name: Exhibit 01
• Media Type: D
• Archive: Yes

RECEPTION #: 2524166, BK 4981 PG 844 02/23/2010 at 10:04:01 AM, 2 OF 53, R
$265.00 S $1.00 EXEMPT Janice Rich, Mesa County, CO CLERK AND RECORDER
EASEMENT AND REAFFIRMATION AGREEMENT
THIS EASEMENT AND REAFFIRMATION AGREEMENT (this "Agreement ") is
effective the 16'' day of February, 2010, by Tavistock Partners LLC, a Colorado limited liability
company ("Tavistock"), and Fruita Development LLC, a Wisconsin limited liability company
( "Fruita ").
RECITALS
WHEREAS, Tavistock is the owner and developer of that certain parcel of real property
located in Mesa County, Colorado, which parcel is more particularly described in Exhibit "A"
attached hereto (the "Tavistock Parcel ");
WHEREAS, Fruita is the owner and developer of that certain parcel of real property
located in Mesa County, Colorado, adjacent to and east of the Tavistock Parcel and more
particularly described in Exhibit `B" attached hereto (the "Fruita Parcel ");
WHEREAS, there are existing railroad spurs located on the Tavistock Parcel (the
"Fruita Railroad Spurs "), which benefit the Fruita Parcel which Fruita desires to modify;
WHEREAS, Fruita desires to obtain, and Tavistock desires to grant and create, on the
terms and conditions hereinafter set forth, an easement upon that portion of Tavistock Parcel
shown in Exhibit "C" attached hereto (the "Fruita Railroad Spurs Easement Area "), in favor
of and appurtenant to the Fruita Parcel, all as more particularly provided herein;
WHEREAS, Tavistock desires to construct a new railroad spur on the Fruita Parcel to
benefit and provide rail service to the Tavistock Parcel (the "Tavistock Rail Spur ");
WHEREAS, Tavistock desires to obtain and Fruita desires to grant and convey, on the
terms and conditions hereinafter set forth, an easement upon that portion of Fruita Parcel shown
in Exhibit "D" attached hereto (the "Tavistock Railroad Spur Easement Area "), in favor of
and appurtenant to the Tavistock Parcel for the construction, use and maintenance of a new
railroad spur, all as more particularly provided herein;
WHEREAS, the Tavistock Parcel and the Fruita Parcel are both subject to that certain
Mutual Access Easement and Use Agreement, dated November 5, 1990, and recorded on
November 6, 1990 in Book 1812, Page 335, of the Mesa County, Colorado Clerk and Recorders
records (the "Mutual Access Easement Agreement "), a copy of which is attached hereto as
Exhibit `B ";
WHEREAS, the Fruita Parcel is subject to that certain Easement for Right of Way dated
August 15, 2003 recorded on August 21, 2003 in Book 3461 at Page 473 of the Mesa County,
Colorado Clerk and Recorder's records (the "Center Easement ") which benefits the Tavistock
Parcel attached hereto as Exhibit "F "; and,