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<br />[JJL~@[%@u <br /> <br />EASEMENT DEED <br /> <br />CTLC INVESTORS, LLC, a Colorado limited liability company ("Grantor"), whose <br />address is 2500 Arapahoe Avenue, Suite 220, Boulder, Colorado 80302, for the consideration of <br />ten and 00/1 00 DOLLARS, in hand paid, hereby sells and conveys to the CITY OF <br />LOUISVILLE, a Colorado home rule municipal corporation ("Grantee"), whose legal address is <br />749 Main Street, Louisville, Colorado 80027, <br /> <br />the following real property in the County of Boulder and State of Colorado, to wit: <br /> <br />a permanent non-exclusive easement more fully described in the attached EXHIBIT" A" for the <br />operation, maintenance, repair and replacement of the public utilities (wet and dry). <br /> <br />Grantee shall have the right to use the easement for the purposes of installing, <br />constructing, using, operation, maintaining, inspecting, repairing, altering, removing and <br />replacing the public utilities in whole or in part, and all necessary subsurface and surface <br />appurtenances for any and all public utilities; and of cutting and clearing trees, brush, <br />debris and other obstructions that might interfere with the operation and maintenance of <br />such public utilities. <br /> <br />The Grantor shall not place any improvements or structures including fences, berms, <br />walls, trees or brushes in the easement that interfere with the operation, maintenance, <br />repair and replacement of the public utilities. Placements are done so at the risk of the <br />persons or entities placing the improvements or the structures on the property described <br />in EXHIBIT "A". Grantee may demand the removal of such improvements or <br />structures and may remove them at any time for the purposes of operating, maintaining, <br />repairing or replacing the public utilities; provided, however, the Grantee shall not be <br />entitled to demand removal of improvements for which Grantee has granted written <br />permission to Grantor or to others to install. Any propeliy damage incurred as a result of <br />normal operation, maintenance, replacement or repair within the easement including <br />removal of any improvements, which interfere with the use of the easement except for <br />those described above shall be the responsibility of the Grantor, its successors and <br />assigns, and not the responsibility of Grantee. <br /> <br />with all its appurtenances, and warrants(s) the title to the same. <br /> <br />DA TED: <br /> <br />Easement Deed -Public Utilities 2-28-07.doc <br />