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<br />659317 -07'/2Si2003-'i i';i!A "B947P373 ASN <br />7 of 16 R 81.00 D 0.00 N 0.00 LOlan Counly CO <br /> <br />e75lD4 04/22/2003 12:eep B94!PS&l!lERSI:: <br />2 of 4 R 21.00D 0.00 N 0.00 LoganCount.y CO <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 project as set forth in the loan contract with the <br />Water Conservation Board. <br /> <br />9. Grantee does hereby indemnify and agree to hold Grantor harmless 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 h~ve the sole and exclusive use of the described land for recharge purposes <br />during the temi of the easement. <br /> <br />. 11. Grantor shall have such lises 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 GraIitee 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.' This Agreement shall be a covenant that runs with the 1a..'1d, shall touch and concern the <br />land and shall be binding on the Grantor~s and Grantee's heirs, successors and assigns. <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 Grantee 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 the 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 />\. <br /> <br />2 <br />