Fill and Sign the Colorado Easement 497300163 Form

GRANT OF EASEMENT WITH WARRANTIES GRANTOR:                                     ADDRESS OF GRANTOR:                                                                                                             Grant of Easement COMES NOW the Grantor above named and for a valuable consideration hereby sells, grants and conveys to _____________________________ (the “District”), a Colorado Quasi-Municipal Corporation, whose address is                                                                         , Colorado       , its successors and assigns, forever, a perpetual non-exclusive easement for the purpose of installation, construction, maintenance, repair and reconstruction of a water trunk line, valving, hydrants, service lines and service line connections, and other municipal water service appurtenances (the “Facilities”), and for ingress and egress of persons, vehicles, and equipment to accomplish such purposes, on, under, over and across a tract of land in                               County, Colorado, more particularly described in Exhibit “A” attached hereto and by this reference made a part hereof, and warrants the title to the same, subject only to easements, restrictions, encumbrances, reservations and rights-of-way of record. Such easement as herein granted is referred to as the “Easement”. This Easement shall be owned in gross by the District and its successors and assigns and shall burden the above-referenced Servient Estate and run with said Servient Estate. The District shall be entitled to access the Easement with persons, vehicles, and equipment for purposes of installation, construction, maintenance, repair and reconstruction of the Facilities. No buildings, structures, decks, foundations, footers, fences, trees, bushes, landfill, boulders, or any other thing or object shall be placed, constructed or erected on or within the Easement except with the prior written permission of the District. No sewage disposal trunk line or service line shall be installed or constructed within the Easement. It is the intent of the parties that there shall be no impediment to the future installation, maintenance, replacement or repair of the Facilities. The District, or its successors or assigns, may at any time vacate and release the Easement, or any part thereof. The Easement, or part thereof, shall be deemed to have been so vacated and released, and thus made of no further force and effect, if said District, or its successors or assigns: (i) executes and records in the real property records of ________________________ County, Colorado, a quit claim deed conveying unto the then fee owner of the real property which is burdened by the Easement, or which is burdened by the part of the Easement which is to be so vacated and released, all of its right, title and interest in and to the Easement, or part thereof, or (ii) executes and records in the real property records of ________________________ County, Colorado, a document stating that the Easement, or that part thereof which is to be vacated and released, is so 1 vacated and released. The covenants and agreement herein set forth shall be binding upon an inure to the benefit of the Grantor and the District, its successors and assigns. In consideration of the Grantor’s grant of this easement, the District agrees to the following: 1. To the extend permitted by law, the District agrees to indemnify and hold harmless the Grantor and its officers and employees from and against all liability, claims, demands and expenses, including court costs and attorney fees, on account of any injury, loss or damage, which arises out of or are in any manner connected with the construction of the water lines, only if such injury, loss or damage is caused by, or is claimed to be caused by the act, omission or other fault of the District or any officer or employee of the District. The obligations of this Section shall not extend to any injury, loss or damage that is caused by the act, omission or other fault of the Grantor. IN WITNESS WHEREOF, the parties have executed this document this ___ day of _____________________ , 20       . ________________________________ (signature) ________________________________ (signature) ________________________________ (witness) ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF __________________ ) The foregoing Grant of Easement was acknowledged before me this       day of                         , 20       , by                                           . Witness my hand and official seal. My Commission expires:                                                       Notary Public STATE OF COLORADO ) ) ss. COUNTY OF                   ) 2 The foregoing Grant of Easement was acknowledged before me this _______ day of __________________________ , 20 _____ , by _____________________ and                                                 . Witness my hand and official seal. ______________________________ My Commission expires: _____________________ Notary Public 3