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1 I1111 IIIII IIIII III 111111 III IIII <br /> 0 <br /> 111111111111111111111111:01P Weld County, CO <br /> 3762036 04/13/2011 <br /> 17 of 75 R 381.00 D 0.00 Steve Moreno Clerk&Recorder <br /> Landfill, Distel Donation and Distel Option Properties. <br /> d. Aggregate has conveyed to Longmont the Donated Ditch Rights for <br /> the reclamation requirements of the Distel Donation Property. <br /> e. Aggregate shall reserve and not convey or encumber its remaining <br /> interest, if any, in the Coffin Davis Ditch and other water rights <br /> appurtenant to the Distel Option Property, so that these water <br /> rights can be used for post-mining reclamation if required, <br /> provided: <br /> i. Such water rights and any other water rights, to the extent <br /> required for post-mining reclamation of the Distel Option <br /> Property, shall be conveyed to Longmont if it exercises its <br /> option and acquires the Distel Option Property. <br /> I Aggregate at its expense shall cooperate with Longmont in <br /> this adjudication and furnish data as needed on its mining <br /> and reclamation. <br /> f. Longmont's obligation to supply water for the Peschel, Sherwood, <br /> Bigelow and Landfill Properties shall not exceed substantially the <br /> requirements for the approximate size and number of ponds and <br /> wetlands set forth in the Integrated Plan (Exhibit K). <br /> g. Aggregate shall use such aggregate fines as are available from its <br /> mining operations on the Combined Properties, the Distel Option <br /> Property the Irwin/Thomas Property and the Tull Property to <br /> minimize the water augmentation requirements on -the Combined <br /> Properties. <br /> 31. Distel Donation Property. Aggregate has conveyed to Longmont (a) the <br /> (60) acre Distel Donation Property described on Exhibit C, and (b)by Special Warranty <br /> Deed, dated September 24, 2001, Aggregate's interest in the Coffin Davis Ditch and <br /> water rights, including an undivided 30.9% interest therein, appurtenant to the Distel <br /> Donation Property and Distel Option Property("Donated Ditch Rights"). <br /> a. Aggregate had reserved any portions of such interests in the Coffin- <br /> Davis Ditch in excess of the amount needed for the actual <br /> permanent water requirements associated with the reclamation of <br /> the Distel Donation Property in such deed. Aggregate shall convey <br /> to Longmont, by quit claim deed, any and all interests reserved by <br /> Aggregate in the Coffin Davis Ditch, including, without limitation, <br /> the reserved interests described in the February 21, 20o8 Special <br /> Warranty Deed recorded at reception number 3542267, Weld <br /> County Clerk and Recorder. <br /> Page 17 of 32 <br /> Aggregate Industries <br /> Final <br />