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408323 02-22-2017 Page 5 of 16 <br /> Provided, however, in (fie District*s discretion it will ;one last fifne expend reasonable <br /> efforts to seek approval from the ether owner(s) of the water rights in the Burns Ditch No. 2 for <br /> construction of the Water Transmission Pipeline from the headgate of the Burns Ditch No. 2 to <br /> the: reservoir. If such approval is obtained by the District, then the District shall proceed with <br /> the construction of said pipeline from the: Burns Ditch No. 2 he;adgate to the Reseneoir as <br /> provided in Paragraph , If such approval of the other ewnerts) of the Burns Ditch No. 2 is <br /> not obtained before the commencement of construction of the Pump Station, the District shall <br /> have no further obligation to seek` such other owncr(s)' approval or to construct such pipeline <br /> froi,"3 the headgate• of the ditch. The intent of this provision is to provide that the District shall <br /> only be obligated to construct one means to fill the Reservoir from the Huerfano River, <br /> The easement tights for the Burns Ditch No. 2 and Water Transmission Pipelines are <br /> Collectively referred to herein as "Water Transmission Pipeline Easements." The Water <br /> Transmission Pipeline Easements. Pump Station Easei-rent, Access Easements, and the Reservoir <br /> Easement are collectively referred to as th4 '*Easements." <br /> 5, Access. The Easements include the right of ingress and egress over and across <br /> the Sheep Mountain Property for the purpose of the. District's undertaking these: actions <br /> reasonable and necessary to hilly exercise and enjoy the Easement rights granted herein, <br /> including buried and overhead utilities. Access and ttilities corridor to the Reservoir Easement <br /> shall be at a new point from County Road 550 along the north side: of the property as shown on <br /> Exhibit B and access to the Pump Station Easement shall be on the existing property access road <br /> trod County Road 550 and along the existing power line easement as shown on Exhibit B, <br /> These access easerrients shall be twenty feet in width from public County Road No. 550 and shall <br /> include vehicular access ("Access Easements"). Such Access Easements, including any utilities, <br /> shall be by means of new roads to be constructed by the District at its expense, from County Road <br /> 550 to the Reservoir and from County Road 550 to the Pu np Station as the location and <br /> dimensions are also generally shown can the attached Exhibit B. <br /> E. Scope. The scope: of the Easements shall include use for activities reasonable and <br /> necessary by the: District for the: construction, replacement. improvement, maintenance, <br /> operation, and repair of the Reservoir, and access and utilities thereto, for the traiistnission, <br /> storage,and release:of water. <br /> 7. rid ustrneyit�_tt?_„ocation of Easements. Upon completion of final design aria <br /> construction, an actual location and specific legal description of the Easenwrits shall be <br /> determined by a survey to be performed by the District at its sole cost and expense. The parties <br /> recognize that the extent and final location of the Easements may vary to Borne extent from the <br /> general l.xhibit B plat and that some adjustments and flexibility from this plat may be necessary <br /> due to such factors as, without litnil.ation, on the ground conditions, pertnits or approvals from <br /> Huertano County for access to County Road 550, location or centering of infrastructure within <br /> the Easements, location of other easements. permitting requirements. etc. When the final <br /> 5 <br /> 106 <br />