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<br />659317 07/28/2003 11:1!A B947 P373 ASN <br />4 of 16 R 81.00 D 0.00 N 0.00 Logan County CO <br /> <br /> <br /> <br />6!7!03 04/22/2003 1~1~~ ~~ ~~ ~~~~ <br />2 or 3 R 16.00 D 0.00 N 0.00 Logan COLlnt.yCO <br /> <br />7. Grantee agrees to take all reasonable measures to keep to a minimum disturbance to the <br />surrounding property, including but not limited to dust mitigation. . <br /> <br />8. Grantee assumes all cost and liability for the construction, operation, repair and <br />maintenance of the recharge facilities and projectas set forth in the loan contract with the <br />Water Conservation Board. <br /> <br />9. Grantee does hereby indemnify and agree to- hold Grantor harinless of and from any claim <br />or cause of action by third parties against Grantor arising out of the use and operation of <br />the recharge project. . <br /> <br />10. Grantee shall have the sole and- exclusive use of the described land for recharge purposes <br />during the term of the easement. <br /> <br />11. Grantor shall have such uses of the easement as are not inconsistent with the uses granted <br />. to Grantee herein,particularly no use shall be permitted that would damage the recharge <br />project or facilities. In no event shall Grantee be required to maintain, raise or lower <br />. water levels, or recharge water at any particular time and place, to accommodate <br />Grantor's uses. Grantor shall USe best management practices when placing livestock on <br />the property. Grantor shall not use the pond as a livestock water facility unless such use <br />has been:. approved by the appropriate authorities. <br /> <br />12. ThisAgreement shall be a covenant that runs with the land, shall touch and concern the <br />land and shall be bfndingpnthe Grantor's and Grantee's heirs, successors and assigris. <br />This Agreement shall be recorded with the Clerk and Recorder. <br /> <br />13. This Agreement may be amended in writing signed by the Grantor and Graritee or their <br />respective, heirs, successors and assigns. <br /> <br />14. The consideration for this easement is the mutual covenants and agreements exchanged <br />between th~ parties hereto, the receipt and sufficiency of which are hereby confessed and <br />. acknowledged. . - <br /> <br />15. This Easement grant is without warranty of title and is subject to all prior encumbrances, <br />easements, restrictions, reservations, and rights-of-way affecting Grantor's property. <br /> <br />. ~~-A/4~",~~ <br />;fAMES E. CORBIN . . <br /> <br />!:e~~ (1L. <br />E. ROSE CORBIN <br /> <br />2 <br />