|
'53191 841681
<br />THENCE South 87 041'00" West, 64.16 feet, along the South line of said Lot 11, to the point of
<br />beginning,
<br />Together with the V.C.A.-Animas Pipeline Water Right Priority No. 1968 -1, decreed by the La Plata
<br />County District Court on May 3, 1968 in Civil Action No. 1751 -8 for 4.01 cubic feet of water per second,
<br />with an appropriation date on or about December 31, 1890 and priority date of February 20, 1965, and
<br />with the headgate of said p(petine located on a point on the west bank of the Animas River, whence the
<br />West Quarter Corner of Section 29, Township 35 North, Range 9 West of the N.M.P.M. bears North
<br />20 °53' West 1,310.5 feet.
<br />Subject to: (i) any coal, oil, gas, or other mineral rights in any person; (ii) existing rights -of -way for roads,
<br />railroads, telephone fines, transmission lines, utilities, ditches, conduits, or pipelines on, over, or across
<br />the Property; (iii) court liens, judgments, or financial encumbrances such as deeds of trust for which a
<br />formal consent or order has been obtained from a court for the (ten holder, (iv) other rights, interests,
<br />reservation or exceptions of record; and the following terms, conditions, rights, reservations and
<br />covenants:
<br />Grantor reserves to itself and its assigns a perpetual easement over that portion of the Property
<br />reasonably necessary for the construction, operation, maintenance and replacement of the Durango
<br />Pumping Plant of the Animas -La Plata Project, the exact location and area of said easement to be
<br />determined by Grantor andfor its assigns based upon the plans and specifications for said Pumping Plant.
<br />Said reserved easement also includes rights of ingress and egress necessary to enjoy the easement and
<br />the right to use the V.C.A. - Animas Pipeline Water Right Priority No. 1968-1, more particularly described
<br />above, in connection with the construction, operation, maintenance and replacement of the Durango
<br />Pumping Plant, with the use of said water right subject to the right of use reserved herein to the Colorado
<br />Department of Public Health and the Environment and the U. S. Department of Energy as may.be.
<br />necessary to perform ground water remediation and any other activities as may be necessary to fulfil the
<br />requirements of the Uranium Mill Tailings Radiation Control Act of 1978,42 U.S.C. §7901 et 2M.
<br />( "UMTRCA"), as set forth below.
<br />Grantor reserves (1) to the Colorado Department of Public Health and the Environment, the U. S.
<br />Department of Energy, their employees, agents and contractors the right of access to the Property as may
<br />be necessary to complete activities under the UMTRCA and for other lawful purposes; and (11) to the
<br />Colorado Department of Public Health and the Environment and the U.S. Department of Energy, their
<br />employees, agents and contractors the right to use the V.C.A.-Animas Pipeline Water Right Priority No.
<br />1968 -1, described above, as may be necessary to perform ground water remediation and any other
<br />activities as may be necessary to fulfill the requirements of UMTRCA, until such time as the Colorado
<br />Department of Public Health and the Environment and the U.S. Department of Energy determine that all
<br />remedial activities are complete.
<br />Grantee covenants (1) not to use the Property for any purpose other than public purposes as required by
<br />UMTRCA, 42 U.S.C. § 7901 et sea., as amended; {ii} not to use ground water from the site for any
<br />purpose and not to construct wells or any means of exposing ground water to the surface, unless prior
<br />written approval is given by the Colorado Department of Public Health and the Environment and the U.S.
<br />Department of Energy; (Iii) not to transfer the Property to anyone other than a governmental entity within
<br />the State of Colorado; (iv) not to perform construction of any kind on the Property unless prior written
<br />approval of construction plans, designs and specifications is given by the Colorado Department of Public
<br />Health and the Environment and the U.S. Department of Energy; (v) that any habitable structures
<br />constructed on the Property shall employ a radon ventilation system or other radon mitigation measures;
<br />and (vi) that Grantee's use of the Property shall not adversely impact ground water quality nor interfere
<br />with ground water remediation under UMTRCA.
<br />
|