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EXHIBIT C <br />( "Easement Deed ") <br />EASEMENT DEED <br />Martin Marietta Materials, Inc. ( "Grantor "), a North Carolina corporation, whose address is <br />2710 Wycliff Road, Raleigh, North Carolina 27607, for the consideration of ten and <br />00/100 DOLLARS ($10.00), in hand paid, hereby sells and conveys to The Smith and Emmons <br />Ditch Company ( "Grantee"), a Colorado mutual ditch company, whose address is P.O. Box <br />1826, Longmont, CO 80502 -1826, the following real property in the County of Weld and State <br />of Colorado, to wit: <br />A permanent non - exclusive easement more fully described in the attached <br />EXHIBIT C -1 ( "Ditch Maintenance Easement "). <br />1. USE OF EASEMENT. Grantee shall have the right to use the Easement for the <br />purposes of installing, constructing, using, operating, maintaining, inspecting, <br />repairing, altering, removing and replacing the Ditch in whole or in part, and all <br />necessary subsurface and surface appurtenances for the transportation of water <br />and the operation and control of a water pipeline within the Easement. <br />2. PLACEMENT OF STRUCTURES/IMPROVEMENTS. Placement of any <br />structure or improvement within the Easement shall be done at the risk of the <br />party making such placement. <br />3. NO INTERFERENCE WITH DITCH OPERATION. Grantor shall not place <br />and shall not approve or authorize any third party to place any improvements or <br />structures including but not limited to fences, berms, walls, trees or bushes within <br />the Easement that interfere with the operation, maintenance, repair and <br />replacement of the Ditch, <br />4. REMOVAL OF STRUCTURES/IMPROVEMENTS. Grantee may demand <br />the removal of improvements or structures placed, or otherwise approved or <br />authorized by Grantor within the Easement to the extent such removal is <br />necessary for purposes of operating, maintaining, repairing or replacing the Ditch; <br />provided, however, Grantee shall not be entitled to demand removal of <br />improvements or structures Grantee has granted written permission to Grantor to <br />install. <br />14 <br />