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NOW, THEREFORE, for and in consideration of(a) the contemporaneous <br /> execution of the Augmentation Water Agreement, See Exhibit A, and (b) the mutual promises <br /> and covenants, terms, conditions, restrictions, and requirements contained herein, which are <br /> based upon the common law, Grantor does hereby grant, bargain, sell, and convey to Grantee a <br /> term Easement in Gross consisting of the rights hereinafter numerated, over and across that <br /> certain real property situated in Prowers County, Colorado, more particularly described above as <br /> the Property and the Gravel Pit, subject to the terms and conditions set forth herein. <br /> 1. Purpose. The general purposes of this Easement are to provide for public access (1) to <br /> the Gravel Pit, (ii) to that portion of the Property riparian to the Arkansas River, and (iii) to <br /> DOW's Property. <br /> 2. Affirmative Rights Conveyed. To accomplish the purpose of this Easement, Grantee <br /> shall have the following rights on or in regard to the Property, subject to Grantee's available <br /> appropriations and personnel limits: <br /> A. The exclusive right to access, enter, and use the Gravel Pit for the purposes of fishing <br /> and wildlife watching. This right shall be limited as follows: <br /> (i) Fishing shall be limited to 3/8 mile of the southwest shore line on the <br /> Gravel Pit as designated. <br /> (ii) No swimming, boating or floating devices will be allowed. <br /> B. The exclusive right to access, enter, and use that portion of the Property riparian to <br /> the Arkansas River for the purpose of hunting and wildlife watching. This right shall be <br /> limited as follows: <br /> (i) Archery and shotgun hunting shall be allowed annually from September I <br /> through the last day of the extended waterfowl seasons, and then again in <br /> the spring for the limited turkey hunting season. <br /> (ii) Within 25 feet of the riparian area along the south boundary.of Section 18, <br /> Township 23 South, Range 42 West; 6°i P.M. <br /> The above rights shall:include the authority for Grantee to allow, regulate, administer, <br /> control, and even prohibit the public's access to and use of the Property for the purposes <br /> of fishing, hunting, and wildlife watching. These rights shall include the right to charge a <br /> monetary fee to the public for access to the Property. In regard to public access, the <br /> following shall apply: <br /> (1) Except for the Parking Lots and Access Roads provided for below, public <br /> access to and use of the Property shall be restricted to foot and personal <br /> mobility assistance machines, such as wheelchairs, strollers, and similar <br /> devices. <br /> Fishing&Hunting Access Agreement Granada SWA-Midwest Farms Page 2 of 7 <br />