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<br />socK431~i PAC[905 <br />The land "Flood Control Easement" shown on Exhibit One and <br />described on Exhibit Two, is included in a Conservation Easement <br />granted to Adams County for a habitat for American Bald Eagles, and <br />for a segment of the South Platte River Trail to be established by <br />Adams County. The access easement described on Exhibit Three is <br />also over land which Grantor intends to include in an Easement to <br />Adams County for a segment of said South Platte River Trail. <br />Grantor for itself, its successors and assigns, reserves the <br />right from time to time to make changes in the respective locations <br />of two watercourses now on Grantor's land [First Creek and the Bull <br />Seep] so that they enter and cross the Sand subject to this Flood <br />Control Easement on courses or a course determined by Grantor, its <br />successors and assigns, as calculated to enhance the Conservation <br />Easement as a wildlife habitat. District is aware that Grantor, <br />its successors and assigns, may from time to time grant to Fulton <br />Irrigating Ditch Company easements within the land subject to this <br />Flood Control Easement for the Bull Seep and for First Creek. <br />This Easement is subject to the right hereby reserved by <br />Grantor, for itself, its successors and assigns, to use the <br />servient land for flowage aver the servient land from and to <br />present and future reservoirs on Grantor's land to and from the <br />South Platte River and Por ancillary facilities and structures <br />installed or to be installed from time to time by Grantor, its <br />successors and assigns, to handle such flowage, provided the design <br />and the locations of such facilities and structures are first <br />approved by District and are constructed in accordance with the <br />design approved by District, such approval not to be unreasonably <br />withheld. <br />" Grantor warrants that it has full right and lawful authority <br />to make this grant, and for itself, its successors and assigns, <br />covenants and agrees to defend District in the exercise of <br />District's rights hereunder against any defect ir. the title to the <br />land described on Exhibits Two and Three or in Grantor's right to <br />grant this Easement. . <br />IN WITNESS WHEREOF, Grantor has caused this instrument to be <br />executed under its corporate seal by its officers thereunto duly <br />authorized and the Grantee has caused its name to be hereunto <br />epMZ.orz <br />April 12, 199< <br />