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APPCOR10875
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Last modified
8/24/2016 6:31:23 PM
Creation date
11/19/2007 2:14:22 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
X199421400
IBM Index Class Name
Application Correspondence
Doc Date
4/10/1995
Doc Name
SURFACE USE AGREEMENT
From
Ina Jane Horton, In Trust
Media Type
D
Archive
No
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<br />g. Cyprus shall at all times use Surface Owner's roads which are located on the Lands in a <br />reasonable and prudent manner so as to prevent damage to such roads and any <br />improvements which may be located thereon or which may be adjacent thereto. Cyprus <br />shall use its best efforts to limit vehiculaz traffic to the shortest practicable routes and to <br />utilize existing roads or previously utilized routes as often as is reasonably practicable in <br />order to m;n;m;ze surface disturbance. Cyprus shall ensure that the speed of all vehicles <br />shall be kept to a reasonable rate and it shall ensure reasonable fiuther precautions to <br />avoid any damage, other than normal wear and teaz and damage due to the elements and <br />fire, to gates, bridges, roads, culverts, cattle guazds, fences, dams, dikes or other facilities. <br />All damage in excess of ordinary wear and teaz, damage due to the elements and fire <br />excepted, shall be reported to Surface Owner within twenty-four (24) hours and shall, <br />weather permitting, be repaired by Cyprus as soon as is practicable to as neazly as <br />possible the condition existing prior to such damage; <br />h. Any and all rights of use of the Lands not specifically conferred upon and granted to <br />Cyprus aze kept and retained by Surface Owner; <br />i. Cyprus shall not utilize the surface of the Lands for any unlawful purposes, and agrees to <br />conduct all of its operations in a good and workmanlike manner and in a manner which <br />shall min;m;ze, to the extent practicable, any disturbance of or interference with the use of <br />the Lands by Surface Owner; <br />j. Cyprus will ensure that its employees, agents, licensees, contractors, subcontractors and <br />invitees who enter upon the Lands shall comply with the terms of this Agreement; <br />k. Cyprus agrees to take all reasonable steps necessary to avoid any injury to or unnecessary <br />interference with Surface Owner's livestock; and <br />1. No person who is on the Lands by virtue of the rights granted to Cyprus hereunder shall <br />be permitted to carry firearms or do or perform any act except those acts which aze <br />reasonably related to the rights granted hereby. Specifically, but not by way of limitation, <br />no such person shall be permitted to engage in recreational pursuits, including hunting <br />and fishing on or within the boundaries of the Lands. <br />4. Subsidence Survey. Cyprus may, but shall not be obligated to, establish subsidence <br />monitoring monuments within the boundaries of the Lands. Cyprus shall provide Surface <br />Owner with copies of all surveys, if any, conducted under this pazagraph. <br />S. Drill Pad Pr~/rralion. For each drilUbore hole to be drilled, Cyprus has the right to do any <br />or all of the following: <br />a. Salvage topsoil at drill pad, and access road into pad. The topsoil will be bladed to the <br />side and redistributed over the azea when the site is reclaimed; and <br />b. Construct a drill pad of approximately 100' X 100' and if necessary, to excavate mud and <br />trash pits into such pad. <br />cosuA.001Atg - $ - <br />
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