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1. A mining setback of 1 OD 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-Mk 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&Redl-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 3 RedI-Mix,Inc.. <br /> 5. All Rite Paving&Red-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 /> ufiTrty 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,fisted above. <br /> Should you have any questions or concerns,kindly contact me at 719 546 6448. <br /> Very truly yours, <br /> Black H11Is/C0 Electric Utility Company, LP,dba BLACK HILLS ENERGY <br /> Bouhnel,Supervisor Electric Operations <br /> rent has been received and accepted by All-Rite Paving>li Redi-Mix. <br /> T91, <br /> B o ry, I (title) <br /> ACKNOWLEDGEMENT <br /> STATE OF COLORADO } <br /> }ss <br /> COUNTY OF FREMONT } <br /> The foregoing instrument was acknowledged before me this 166day of AA&cL 2016 by <br /> e n 2.,, .as V,et Dtrn; of All-Rite Paving&Redi-Mix. <br /> Witness my ho official seal: <br /> Na : 1 Q a f-t My commission expires: <br /> Notary Public <br /> REBECCA ELLIOTT <br /> NOTARY PUsLic <br /> STATE OF COLORADO <br /> i NOTARY ID 0 199840 y <br /> !1%COMMISSION ExP"tWDECEMIER 10.2019 <br />