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1. A mining setback of 100 feet longitudinally along the easement from each structure must <br /> be maintained with a 3:1 slope thereafter. A mining setback perpendicular to the <br /> easement equal to the distance from a structure to the edge of the easement must be <br /> maintained with a 3:1 slope thereafter. No decrease in ground-to-line clearance is <br /> allowed within the easement. <br /> 2. No seismic survey or blasting activity shall occur in the above-referenced location unless <br /> prior written consent is obtained from Black Hills Energy. <br /> 3. No permanent structures are to be located within the easement. <br /> 4. All Rite Paving & Redi-Mix, Inc.,shall use all reasonable means to prevent any loss or <br /> damage to Black Hills Energy's facilities resulting from the construction, modification, <br /> replacement, repair, operation, or maintenance of All Rite Paving & Redi-Mix, Inc.'s <br /> mining and reclamation activities. Any costs incurred by Black Hills Energy as a result of <br /> this project shall be fully and immediately reimbursed by All Rite Paving & Redi-Mix, Inc.. <br /> 5. All Rite Paving & Redi-Mix, Inc. agrees to indemnify and hold harmless Black Hills Energy <br /> from any damage, loss of property, income,injury, or loss of life associated with the use, <br /> operation, and other activities over, under, or across Black Hill Energy's existing electric <br /> utility line easement. <br /> Please acknowledge receipt and acceptance of these terms and conditions by executing <br /> this document before a notary and returning to me at my address, listed above. <br /> Should you have any questions or concerns, kindly contact me at 719 546 6448. <br /> Very truly yours, <br /> Black Hills/CO Electric Utility Company, LP, dba BLACK HILLS ENERGY <br /> Seth Boutilier,Supervisor Electric Operations <br /> Th' strumeo has been received and accepted by All-Rite Paving & Red!-Mix. <br /> By: John Ary, V icy (title) <br /> ACKNOWLEDGEMENT <br /> STATE OF COLORADO } <br /> }ss <br /> COUNTY OF FREMONT } <br /> The foregoin instrument was acknowledged befoQre me this day of at c- , 2016 by <br /> y , as I`C "'eS"Cken-- of All-Rite Paving & Redi-Mix. <br /> Witness my h d and official seal: <br /> �zp 0 1�_ <br /> Name: 4 6A My commission expires: <br /> Notary Public 'D <br /> REBECCA ELLIOTT <br /> NOTARY PUBLIC <br /> STATE OF COLORADO <br /> NOTARY ID#19984002037 <br /> I;OMMISSION EXPIRES DECEMBER 16,2019 <br />