F1 1 I - - BCS ved 9/22/99 11 6505299161 BIOHN SHEPHERD 11:12 FAX 6505299161 JOHN DOERR I ?oozge 2 I Ill 444931 7/ 11/200 09:38l~1 EFISEHENT DRVIS SILVI 1 of 2 10.00 0.0 0.00 PITKIN COUNTY C0 HOLY CROSS ENERGY unoenonouno RIGHT-OF-WAY KNOW ALL MEN BY THESE PRESENTS, that the undersigned. PAUL H. ROSKOPH, TRUSTEE OF THE ESTAMAR TRUST PURSUANT TO THE DECLARATION OF TRUST DATED JUNE 22, 1998, PAUL H. ROSKOPH, TRUSTEE (hereinafter called for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy. Colorado corporation whose post office address is P. O. Drawer 2150, Glenwood Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across lands of Grantor, Situate in the County of Pitkin. State of Colorado, described as follows: A parcel of land situated in Sections 5, 6, 7, and 8, Township 10 South, Range 84 West of the 6th PLM., as more fully described in reception number 41 B925 of the Pitkin County Courthouse, Aspen, Colorado And, to construct, reconstruct. repair, change, enlarge, re-phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon an easement described as follows: An easement ten (10) feet in width, the centerline for said ea-sement being an underground power line as constructed, the approximate location of which upon the above described property ls shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted specifically allow Grantee to install additional underground and/or pad-mounted facilities within the easement described by the attached exhibit. Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance. when such is reasonably necessary for the implementation and use of the rights hereinabove granted- Grantor agrees that landscaping and other surface improvements made on said easement will be minimized and that any damage caused to said landscaping and improvements by Grantee during exercise of any of its rights granted by this easement shall be repaired by the Grantor at its expense. Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee. and shall be removable at the option of Grantee. Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances and liens of whatsoever character, except those held by the following: TO HAVE AND T0 HOLD, said right-of-way and easement, together with all and singular. the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNBS WHEREOF, Granton these presents to be duly executed on this day of PAUL H. ROSKOPH, TRUSTEE OF THE ESTAMAR TRUST PURSUANT TO THE DECLARATION OF TRUST DATED JUNE 22, 1998, PAUL H- ROSKOPH, TRUSTEE s-ge Paul H. Roskoph, Trustee STATE OF - ss. COUNTY OF - The Er going instrument was acknowledged before me this day of QSQETQ ro bee, by PAUL H. ROSKOPH, TRUSTEE OF THE ESTAMAR TRUST PURSUANT T0 THE DECLARATION OF TRUST DATED JUNE 22, 1998, PAUL H- ROSKOPH, TRUSTEE- WITNESS my hand and official seal. My commission expires: - - D11 C50 als' /gage 62,121.9 CAROLE N. DUNCAN corninsiiszrso iiggiagg Noranv Poetic-catiroanin santa CLARA coumv COMM Exe. sem 5,2oo2"' .. -12 UCI ??|ll\ 444931 07/11/2000 ERSEHENT DRVIS SILVI 2 of 2 10.00 0.00 0.00 PITKIN COUNTY C0 '/vwgex ?553 SQL 5