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3873417 Pages: 1 of 3 <br />09/14/2012 09:14 AM R Fee:$21.00 <br />Steve Moreno, Clark and Recorder, Weld County, CO <br />111 IYN IVIt I ft 1141 1 R,OI t i t Willi 11 111 <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 00 /100 <br />DOLLARS ($10.00), in hand paid, hereby sells and conveys to The Smith and Emmons Ditch <br />Company ( "Grantee "), a Colorado mutual ditch company, whose address is P.O. Box 1826, <br />Longmont, CO 80502 -1826, the following real property in the County of Weld and State of <br />Colorado, to wit: <br />A permanent non - exclusive easement more fully described in the attached <br />EXHIBIT A ( "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 Smith and Emmons Ditch <br />( "Ditch ") in whole or in part, and all necessary subsurface and surface <br />appurtenances for the transportation of water and the operation and control of a <br />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 />DATED: August A / 2012. <br />Page 1 of 3 <br />GRANTOR: <br />Martin Marietta Materials, Inc., a North <br />Carolina ration <br />By: <br />atnck H. alker, Division President <br />Rocky Mountain Division <br />