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<br />6e9317-07/28/200311:1eA 894'7 P313 ASH CO <br />14 0' 16 R 81.00 D 0.00 N 0.00 Logan Counly <br /> <br /> <br /> <br /> <br />lSeie0S- 04/22/200312: 0!!lP. B94!P!5S2 EASE <br />2 0' 4 R 21.00 D 0.00 N 0.00 Logan Counly 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 />, <br />9. Grantee does hereby indemnify and agree to hold Grantors harmless of and from any <br />claim or calise of action by third parties against Grantors arising out of the use and <br />operation of 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. Grantors shall have such uses of the easement as are not inconsistent with the uses <br />granted to Grantee herein, particularly no use shall be permitted that would damage the <br />recharge project or facilities. In no event shall Grantee be required to maintain, raise or <br />lower water levels, or recharge water at any particular time and place, to accommodate <br />Grantors' uses. Grantors shall use best management practices when placing livestock on <br />the property. Grantors 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 land, shall touch and concern the <br />land and shall be binding. on the Grantors' al1d Grantee's heirs, successors and assigns. . <br />This Agreement shall-be recorded with the Clerk and Recorder. <br /> <br />13. This Agreement may be a,mended in writing signed by the Grantors and Grantee or their <br />respective, heir~, successors and assign.s. <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 Grantors' property. <br /> <br />2 <br />