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<br />- 11. <br /> <br />i4-of16 R 81.00 D 0.00 N 0.00 LOlan County CO <br /> <br />66i508 04/22/2003 12:05P B945 P562 EASE <br />2 0' 4 R 21.00 D 0.00 N 0.00 Logan Co~nlyCO <br /> <br /> <br />7. <br /> <br />Grantee agrees to take all reasonable measure.s to keep to a minimum disturbance to the <br />surrounding property, including but not limited to dust mitigation. <br /> <br />8. <br /> <br />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. <br /> <br />, <br />Grantee does hereby indemnify and agree to hold Grantors harmless of and from any <br />claim or cause of action by third parties against Grantors arising out of the use and <br />operation of the recharge project. <br /> <br />10. <br /> <br />Grantee shall have the sol~ and exclusive use of the described land for recharge purposes <br />during the term of the easement. <br /> <br />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 pennitted 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. <br /> <br />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' alld Grantee's heirs, successors and assigns. . <br />This Agreement shall be recorded with the Clerk and Recorder. <br /> <br />13. <br /> <br />This Agreement may be ~mended in writing signed by the Grantors and Grantee or their <br />respective, heir$, successors and assigns. <br /> <br />14. <br /> <br />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. <br /> <br />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 />