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such activities shall not result in the pollution or degradation of the land or any surface or sub-surface
<br /> waters.
<br /> 4.2 Pastoral Activities To conduct such pastoral activities on the Property as are
<br /> consistent with the overall purposes of this Easement,including,without limitation,planting trees and
<br /> wildlife food,pest control, aerial spraying of weeds,and/or other necessary pasture maintenance in
<br /> accordance with the recommendations from the Natural Resource Conservation Service or any other
<br /> successor or governmental agency with similar interests and purposes.
<br /> 4.3 Paving and Road Construction; Fencing. To maintain,repair,replace or
<br /> eliminate existing trails,roads,fences,corrals,wildlife feeders,ditches and other similar agricultural
<br /> structures and improvements(excluding buildings)on the Property and to construct such additional
<br /> trams, roads, fences, corrals, wildlife feeders,ditches, structures or improvements on the Property
<br /> (excluding buildings)as may be desirable to conduct agricultural,ranching,or other permitted uses on
<br /> the Property as provided herein and consistent with the Conservation Values of the Property.
<br /> Additional fences and other structures shall be designed and constructed in a manner that mir,imi s
<br /> any potential adverse affect of such strictures on the natural features or Conservation Values of the
<br /> Property. In the event of destruction,deterioration,or obsolescence of any said structures,Grantor
<br /> may replace such structures with structures in the same general location and having a similar function
<br /> and capacity. Because of the potential for any new roads or improvements to impair the
<br /> Conservation Values of the Property,Grantor shall give Grantee written notice in accordance with
<br /> Section 5 before any construction of any new roads or improvements for agricultural and ranching
<br /> purposes is commenced to ensure the location of any such new road or improvements is consistent
<br /> with the conservation purposes of this Easement. Grantee may withhold such permission, in its
<br /> reasonable discretion,if Grantee determines that the proposed structure,or improvement will diminish
<br /> or impair one or more of the Conservation Values of the Property.
<br /> 4.4 Agricultural Structures and Improvements. To maintain, repair, and
<br /> replace existing agricultural structures and buildings(corrals,sheds,shelters,windmills,barns,etc.)
<br /> and to construct such new structures and improvements as may be desirable to conduct agricultural,
<br /> ranching,and related uses or other permitted uses on the Property provided that such structures and
<br /> buildings are consistent with the Conservation Values and that none of the structures or
<br /> improvements exceed ten thousand (10,000) square feet or be equipped with sleeping
<br /> accommodations or kitchens or be used for residential purposes. Because of the potential for any
<br /> new structures or improvements to impair the Conservation Values of the Property, Grantor shall
<br /> give Grantee written notice in accordance with Section 5 before any construction is commenced to
<br /> ensure the location of any such improvements is consistent with the conservation purposes of this
<br /> Easement. Grantee may withhold such permission,in its reasonable discretion,ifGrantee determines
<br /> that the proposed structure or improvement will diminish or impair one or more of the Conservation
<br /> Values of the Property.
<br /> 4.5 Water-Related Alterations. To construct, develop, maintain and operate
<br /> existing and additional wells,ditches,tanks,water storage,sprinkler irrigation systems,and pipeline
<br /> facilities, and generally to appropriate, employ and use all surface and ground water that may be
<br /> allowed under Colorado Water Law;provided,however,that the development and use of such water
<br /> resources shall be compatible with the purposes of this Easement.
<br /> too��l8 31 5e9921
<br /> /2129/2005 12:66P Page 6
<br /> Prouars County, Go. OEASE R 101.00 0 6.60
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