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TIDUCln0lC 11)& ►,),l tom —CO <br /> Received: 04/08/2016 <br /> AGREEMENT <br /> This Agreement made this 39h,day of 6 V L vU,, , 2016, by and between Bent <br /> Cou-1- by anal through its Board of County Co uli-ti hers (hereinafter "Co unty"), and Robert <br /> Bucholz and Ronda Bucholz (hereinafter "Bucholz") governing the terms and conditions of this <br /> Agreement for the access rights over the Bucholz real property, and if necessary, the use of dirt <br /> by the County from Bucholz property. <br /> WITNESSETH <br /> WHEREAS, the Bucholz are owners of certain real property bordering real property <br /> acquired by the County consisting of a gravel pit(See Exhibit —Legal Description); and <br /> WHEREAS, the gravel pit requires reclamation which cannot be completed without an <br /> agreement for access rights over and upon bordering parcels of land; and <br /> WHEREAS, the parties agree that the gravel pit shall be reduced in size to the point no <br /> augmentation is required and through the use of dirt from the site; and <br /> WHEREAS, the Bucholz agree to allow the County and/or any agents of the County <br /> access over their real property for purposes of completing reclamation and reducing the size of <br /> the gravel pit; and <br /> WHEREAS, the Bucholz agree, if necessary and upon mutually agreeable terms, the <br /> County shall have the right to take and use dirt from the Bucholz property to complete the <br /> reclamation and size reduction of the gravel pit; and <br /> WHEREAS, the County agrees to provide a first right of refusal for the purchase of the <br /> County property once reclamation has been satisfactorily completed; and <br /> WHEREAS, as consideration for this Agreement, the Bucholz agree to provide the <br /> necessary dirt for reclamation, and shall construct a new fence on the North and East sides of <br /> said real property; and <br /> WHEREAS, the County has determined that this Agreement shall serve lawful purposes <br /> of Bent County, <br /> NOW THEREFORE, IN CONSIDERATION of the benefits and obligations contained <br /> herein, and subject to the terms and conditions as are hereinafter set forth, the parties agree as <br /> follows: <br /> 1. The County and/or the County's agents shall have the right to access over and upon the <br /> Bucholz property for purposes of reclamation and reducing the size of the gravel pit. <br /> This right shall not expire until reclamation has been completed and no obligation for <br /> augmentation remains. <br /> 1 <br />