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x000071 89 11/05/97 11 57 AM REAL ESTATE RECORDS
<br /> CHARLOTTE HOUSTON BOULDEF: CNTY CO RECORDER
<br /> 1.
<br /> AGREEMENT AND GRANT OF EASEMENT
<br /> THIS AGREEMENT is made and entered into this 15th day of September
<br /> 1987, by and between Mildred Bush, herein known as "GRANTOR and the City of
<br /> Louisville, Colorado, a municipal corporation, hereinafter known as "GRANTEE
<br /> WHEREAS, Grantor is owner of a certain tract of real property situated
<br /> within the County of Boulder and State of Colorado, title of which has been
<br /> recorded with Boulder County Records as Reception No. 489665, said real property
<br /> being more particularly described as follows:
<br /> The Southeast Quarter (SE1 /4), Section 14, Township 1 South, Range 70 West
<br /> of the 6th P.M., except tracts conveyed to Scott and Taggart.
<br /> NOTE: The above description is the primary area of emphasis and is not to
<br /> be used for any other purpose than as location reference for this
<br /> easement.
<br /> WHEREAS, Grantee is desirous of obtaining a permanent easement for the place-
<br /> ment of water line or lines and other subsurface utility lines, and all appur-
<br /> tenances thereto, over, under, above the surface and across said real property.
<br /> NOW, THEREFORE, in consideration of the terms, conditions and covenants
<br /> herein set forth it is mutually covenanted and agreed between the parties;
<br /> WITNESSETH:
<br /> 1. For and in consideration of the mutual terms, conditions and covenants,
<br /> herein below set forth, Grantor hereby grants, conveys and dedicates to
<br /> Grantee, its successors and assigns, a right -of -way and permanent ease-
<br /> ment to construct, maintain, repair, replace and operate, in perpetuity
<br /> a subsurface water line or lines and other subsurface utility lines and
<br /> appurtenances thereto over, above the surface, under and across the
<br /> afore described tract of realty, said permanent easement being located
<br /> as described in Exhibit A.
<br /> 2. Grantee agrees to pay Grantor the sum of 7,280.00 in con-
<br /> sideration of the grant of the aforesaid easement at the closing hereof.
<br /> 3. Grantee agrees, at its own expense to maintain or repair any and all
<br /> subsurface utility lines for the duration of this easement.
<br /> Grantee further agrees to reasonably restore the property of the Grantor
<br /> to its original condition except as otherwise specified in this
<br /> agreement, for any surface disruption surrounding the aforesaid men-
<br /> tioned improvements caused by the installation of said improvements
<br /> during the construction phase, or by any maintenance or repair work for
<br /> the duration of this easement.
<br /> 4. The Grantor shall otherwise have the use of the ground herein above
<br /> described insofar as such does not interfere with the rights herein
<br /> granted to Grantee, but shall not be allowed to erect permanent building
<br /> structures upon the described easement.
<br /> 5. In case Grantee shall permanently abandon the permanent easement herein
<br /> granted, and cease to use the same, all right, title and interest
<br /> hereunder of Grantee shall revert to the Grantor or their successors and
<br /> the Grantor shall hold said premises as the same, and then be free from
<br /> this easement and shall own all unsalvaged material of Grantee then in
<br /> the abandoned area.
<br /> 6. Grantee agrees to deliver and spread a total of 75 tons of 3/4" red
<br /> rock, at the direction of Ms. Mildred Bush, to the following addresses:
<br /> 7440 Marshall Drive, and 7494 Marshall Drive, Louisville, CO and no
<br /> later than September 30, 1987.
<br />
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