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THIS AGrJ:E~m~~T, ~bde and entered into this 21st day of September. 1977, by ,on," bet,,,een TIlE ATCHISON, T()l'l:J~1\. A:W SANTA FE MILllAY COllPAlIY, a corporation, (hcreintl.ftcr called the- "Raih'7ay Company") and ARK./\;,lSAS RIVER Cm:SEI'...VN:CY DISTRICT, Bent County, Colorarlo, a public corporation of Colorado (hereinafter called the "Conservancy District"). ~:..c:.lI~2::2..: Under authority of the Flood Control Act of 1965 approved October 1965 (Public t.w 39-293, 39th Conr,ress, 1st Session) the mUTED STATE~ OF i\1!E~,ICA, represented by the United States Ar.ny Engineer District, Alhuquerque, vill design and construct a flood control project in the vicinity or Las Anim,ls, Colorado, and the Conservancy District is the sponsor for the project. The Conservancy District, as sponsor, has given assurances to the United States that it will fulfill the requireIaents of Section 204 of said 1965 Flood Control Act. The Conservancy District ,,,ill provide, "ithout cost to the United States, all lands, easements and rights-of-way necessary for the construction of the project, and upon conpletion of the project, the project vill become the property of the Conservancy District with operation and maintenance responsibilities. The rtailt.;ay Company m.rns land, railroad embankment, trilc1~s and other ro.ilro<ld appurtenances along the rir;ht bank of the Arkc::msas r:iver that will interfere ",ith the construction, operation, and n.:1intenance of the project. The United States Army, Corps of Engineers, has I!lac1c. a separate rtgrecnent 'i.;ith the Rail'i.;ay Conpany to c.onstruc.t a portion of the project, a levee and. stop-log structure, upon the Rail~vay Corapany' s right-of-way. TIle ~ailway Con~nny and Conservancy District agree: ARTICLE I In considcrrttion of the covenants of the. Conservancy District hereinafter contained and of the faithful performance of the san", the Kailway Company agrees: 1. To ~ivc and Brant a permanent easement to the Conservancy 1)istrict to operate and maint<J.in a levee with a stop-log structure across the "Raih.J'.:l.Y Cor'":pan'l's" tracks and eluring the crest of extreme