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June 12, 2017 <br />To: Ryan Wilson <br />From: Mark and Ellie Roberts and Nancy Kelly <br />Re: Bowie easement on our adjoining properties <br />We are confirming our understanding of the terms agreed to in our meeting on <br />Monday, June 5, 2017. The homeowners, Mark, Elle, and Nan( stated clearly <br />that they do not want this easement converted to a road easement and being used as <br />a secondary access to the Bowie loadout site. <br />The easement conversion was stated in both the Change of Land Use application and <br />the Department of Mining and Reclamation application. They unequivocally do not <br />give their permission for the bridge to remain, nor for the railway easement to be <br />converted to a roadway. <br />The homeowners agree to allow Bowie to leave the railroad grade <br />embankment that extends along the joint property line from the bridge to the <br />"y" along front of the Roberts' property. The existence of the berm has <br />created a microclimate in the Roberts' orchard thus it is desirable to leave it <br />in place to protect this asset. <br />The homeowners agree to allow Bowie to leave the concrete abutment on the <br />south side of the river, as our properties would be further impacted by the <br />removal of the abutment. <br />Bowie agrees to remove the bridge completely, including the superstructure <br />of the bridge and the two concrete pylons from the riverbed. The <br />homeowners do not want financial or legal liability for the bridge. <br />Bowie agrees to the termination of the easement on the Roberts and Kelly <br />properties with a Release of Right -Of -Way Agreement and a Quitclaim Deed <br />filed in recordable form as stated in the original Right -Of -Way Agreement <br />recorded with the Office of the Recorder in Delta County on July 28, 1994 <br />(479118). <br />Please confirm by email that these are the terms agreed to in our meeting Monday <br />June 5, 2017. <br />Sincerely, Mark, Ellie and Nancy <br />