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After Recordation Return to:
<br />Miller, Gruber & Rosenbluth, LLC
<br />700 17'' Street, Suite 2200 \`..r
<br />Deriver, Colorado 80202
<br />For and in consideration of the sum of Twenty Thousand Dollars ($20,000.00) and other
<br />good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged,
<br />HENDERSON AGGREGATE, LTD., a Colorado limited partnership (the "Grantor "), hereby
<br />grants, bargains, sells and conveys to the UNITED WATER & SANITATION DISTRICT, a quasi -
<br />municipal corporation and political subdivision of the State of Colorado, whose address is c/o
<br />Miller, Gruber & Rosenbluth, LLC, 700 17 Street, Suite 2200, Denver, Colorado 80202 (the
<br />"District "), its successors and permitted assigns, a non - exclusive easement (the " Easement") to
<br />construct, reconstruct, operate, maintain, repair, replace and/or remove certain diversion structure
<br />improvements and appurtenances thereto (the "Improvements "), in, to, through, over, under and
<br />across certain parcels of real property located in Adams County, Colorado, as more particularly
<br />described and shown in Exhibit A, attached hereto and incorporated herein by this reference (the
<br />"Premises "). Such Easement is granted by the Grantor and is accepted by the District pursuant to
<br />the following terms and conditions:
<br />1. The District, its agents, successors and permitted assigns, shall have and exercise the
<br />right of ingress and egress in, to, through, over, under and across the Premises for any purpose
<br />necessary for the construction, reconstruction, operation, use, maintenance, repair, replacement
<br />and/or removal of the Improvements. Upon completion, the face of the District's diversion
<br />structure shall be adjacent to the lowest point of the channel (the thalweg) of the South Platte River.
<br />2. The Grantorpfts successors and assigns, shall not construct or place any structure or
<br />building, street light, power pole, yard light, mailbox or sign, whether temporary or permanent, or
<br />plant any shrub, tree, woody plant, nursery stock, garden or other landscaping design feature on any
<br />part of the Premises, except with the prior written consent of the District. Any structure or building,
<br />street light, power pole, yard light, mailbox or sign, whether temporary or permanent, or any shrub,
<br />tree, woody plant, nursery stock, garden or other landscaping design feature of any kind situated on
<br />the Premises as of the date of this Easement or thereafter, except where the District has consented
<br />thereto, may be removed by and at the sole expense of the District in the District's exercise of its
<br />rights hereunder, without liability to the District therefor. Any structure or building, street,
<br />Certified to be a full, true and comet copy of the
<br />Recorded Document consisting of t pages
<br />in my custody.
<br />EN LONG, Adams County terk & .. /cord
<br />tillate�
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<br />DIVERSION STRUCTURE EASEMENT AGREEMENT
<br />RECEIVED
<br />Division of Reclamation,
<br />Mining & Safety
<br />— 1477 --526.
<br />2 Il 111111 i lil { l Adams � IIIII 111111111 111
<br />J1
<br />07/08/2006 02:26 24PM $.00
<br />Carol Snyder,Clark $48.00
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