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03597800 06/15/2017 09:31 AM RF: $0.00 DF: $0.00 Page: 1 of 21 Electronically recorded in Boulder County Colorado. Recorded as received. ACCESS AND UTILITY EASEMENT This Access and Utility Easement ("Easement") is granted this 13 day of J Sunc , 2017 , by the County of Boulder, a body corporate and politic, whose legal address is P.O. Box 471, Boulder, Colorado 80306, and the City of Louisville, a Colorado home rule municipal corporation, whose legal address is 749 Main Street, Louisville, Colorado 80027 (collectively "Grantor") to the City of Lafayette, a Colorado home rule municipal corporation, whose legal address is 1290 S. Public Road, Lafayette, Colorado 80026 ("Grantee"). RECITALS A. Grantor owns the property known as the Callahan Open Space property, legally described on Exhibit A and generally depicted on Exhibit B ("Grantor's Property" or the "Open Space"); and B. Grantor desires to grant to Grantee a non-exclusive perpetual easement and right ,of access over and across Grantor's Property and the right to install, operate, maintain and repair one underground water pipeline along the route generally depicted on Exhibit C ("Easement Property"), subject to the conditions contained in this instrument; and C. Grantor, County of Boulder, has complied with the notice requirements for the disposition of open space purchased with Boulder County open space and sales and use tax revenues dedicated to the acquisition and preservation of open space lands in Boulder County; and D. Grantor, City of Louisville, has approved the grant of easement herein contained, by action of its City Council upon recommendation of approval by the Louisville Open Space Advisory Board. GRANT OF EASEMENT NOW THEREFORE, in consideration of the above recitals, payment to Grantor, and the mutual covenants contained herein, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, but subject to the terms and conditions more fully set forth below, Grantor hereby conveys to Grantee, its successors and assigns, the non-exclusive perpetual easement described below: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee a non-exclusive perpetual easement approximately 15 feet wide across Grantor's Property for the purposes set forth in Paragraph 2. 2. Purpose. The Easement Property may be used for transmission or distribution of domestic water through and across the Easement Property by underground pipeline, and Callahan Open Space Access and Utility Easement 1