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<br />267099 01/04/2013 03:59:00 PM B: 864 P: 584 ESMT_AGMT
<br />Page 1 of 6 R: $36.50 D: $0.00 T:$36.50
<br />eRecorded in Clear Creek County, Colorado
<br />Easement A- greement
<br />The Capital Central No. 3 Lode Mining Claim &
<br />The Capital Central No. 6 Lode Mining Claim
<br />Clear Creek County, Colorado
<br />THIS EASEMENT AGREEMENT, is made this day of 2012,
<br />between Clear Creek County. Colorado, a statutory county, whose address is County
<br />Courthouse, 405 Argentine Street, Georgetown, Colorado 80444, Grantor, and Capital Prize
<br />Mine I LLP, a Colorado limited liability limited partnership, Capital Prize Mine 11 LLP, a Colorado
<br />limited liability limited partnership, Capital Prize Mine V LLP, a Colorado limited liability limited
<br />partnership, and Capital Prize Mine VII LLP, a Colorado limited liability limited partnership , in
<br />their capacities as co- owners of the Capital Prize Mine, jointly, Grantee.
<br />For good and valuable consideration, receipt of which is hereby acknowledged, Grantor,
<br />being sole owner of the Capital Central No. 5 and of The Capital Central No. 3, both more
<br />particularly described below ("Subject Property'), hereby sells, conveys and quitclaims unto
<br />Grantee and their respective successors and assigns as owners of the Capital Prize Mine, a
<br />perpetual, non - exclusive easement in, on, under, over and across the Subject Property for the
<br />purposes and subject to the conditions set forth herein ( "Easement ") for the benefit of the
<br />Capital Prize Mine.
<br />Subiect Property_ The Subject Property is more particularly described as follows:
<br />The Capital Central No, 3 Lode Mining Claim and The Capital
<br />Central No. 5 Lode Mining Claim, both being U.S. Survey No.
<br />19765, described in United States Patent recorded in Book 194 at
<br />Page 149, excepting and excluding any portion in conflict with
<br />Survey Nos. 719, 1089, 1379, 1568, 1670, 8350 and 19276, as
<br />excepted in said U.S. Patent; all situate in the County of Clear
<br />Creek, State of Colorado. .
<br />The Easement. This Easement is granted to Grantee for access over the surface of The
<br />Capital Central No. 3 and The Capital Central No. 5, to access either of them for the purpose of
<br />constructing and maintaining on either of them one air ventilation and personnel evacuation
<br />shaft (not for use for minerals removal) connected to the existing underground workings of the
<br />Capital Prize Mine, provided that (1) the access shall be on and over a route mutually agreed
<br />upon, (2) the surface disturbance from creating and/or using the access shall be kept to a
<br />minimum, reasonably agreed upon, (3) the owner of the Capital Prize Mine when the access is
<br />created or when it is used shall revegetate and rehabilitate the surface if and to the extent
<br />reasonably necessary to restore it to its condition before the creation or the use of the access,
<br />(4) the components of the air ventilation shaft do not extend more than six feet above the
<br />surface and the above - ground components are designed to minimize visual impact including
<br />appropriate landscaping or design construction to conceal all such components from public
<br />view, (5) within nine months after the termination or the abandonment of this easement, the
<br />owner of the Capital Prize Mine will remove the components of the shaft above the surface and
<br />to a depth of two feet below the surface and revegetate and rehabilitate the area disturbed by
<br />the maintenance and removal of the shaft to a condition consistent with the surrounding
<br />Page 1 of 6
<br />2012. 12.1 1 -3 Easement for Air Ventilation-Safety Sbutt
<br />1 HT(c
<br />lZiCEIVED
<br />APR 10 2014
<br />Division of Reclamation,
<br />Mining & Safety
<br />
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