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<br />.. <br /> <br />65931707/28/2003 11:lSA 8947 P373 ASN <br />11 of 16 R 81.00 D0.00 N 0.00 LOlan County CO <br /> <br />6!7!0!5 04/22/2003 12:0!5P. 15945 P561.EASE <br />2 0' 3 R 16.00 D 0.00 N 0.00 Logan County CO <br /> <br /> <br /> <br />7. Grantee agrees to take all reasonable measures to keep to a mfuimum 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 indeinnify 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 have the sole and exclusive use of the described land for recharge purposes <br />during the term of the easement. <br /> <br />11. Grantor shaiI 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 orlower <br />water levels, or recharge water at any particular time.andplace, 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 lives~ock 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 thelarid, 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 bOe recorded with the Clerk andRecorder. <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 />-4:ro:.-.~ 1~ <br />Steven J. Ka ser <br /> <br />~n.~ <br /> <br />Michelle N. Kaiser <br /> <br />2 <br />