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REV91721
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REV91721
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Entry Properties
Last modified
8/25/2016 3:13:13 AM
Creation date
11/21/2007 11:14:15 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1974015
IBM Index Class Name
Revision
Doc Name
ATTACHMENT 5 SCHWARZ LETTER WITH ATTACHMENTS
Type & Sequence
AM6
Media Type
D
Archive
No
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ti~~ <br />TOGETHER i1ITH THE POLLOrI:iG RIC'dTS ,1ND C3LIGaTIC45: <br />1. Grantee say occupy and use the surlsee ar._ ether <br />portions of the Property for L'fe purpose of saapiiaq, drilling <br />and tasting tor, mining, quarrying, excavating, re=cuing, and <br />selling sand and gravel f=om the Sand and Gravel ?atata. <br />2. Grantee may occupy and use all portions of the <br />Property (including the surface thereof) !or cruahinq, <br />ecreeninq, and other proeaasing of sand and gravel and other <br />materials incidentally removed during the mining of nand and <br />gravel. <br />7. The Grantaa~s rights as sat forth in this dead shall <br />have priority over the Grantor's rights to uee and occupy the <br />surface o! the Property and to uee or exploit the ail and gas <br />and other minerals in, on, and underneath the surface a! the <br />Property. Horever, Grantee shell not conduct nny ~ininq <br />operations or related activities an the Property vi,71n sny <br />applicable setback established by any,lar, regulation, or <br />governmental authority lrom ttse reeidanes located on the <br />Property which 1s currently occupied by Henry Bral/, which is <br />located in the aouthwast corner o! iha Property, and rhich has <br />a stseat address o! 12800 H. Poothilla Highway, Lonq~ont, <br />Colorado (the ~Hraly residance~). Grantee shall ne_ mine any <br />sand and gravel which is directly underneath the eraly <br />residence and shall net conduct any mining or related <br />activities on the Property vhich would remove the lateral or <br />subjacent support for the eraly residence. also, Grantee <br />shall not conduct any mining ar related activities on the <br />Property which could damage the roadway lrom Highway ~6 to the <br />Hraly residence or any landscaping aesocintad rith the roadway <br />rhich is within thirty (70) lest of the roadway. If such <br />roadvny or landscaping is damaged by Grantee~^ mining or <br />ralnted activities an the Property, Grantaa shall repair such <br />damage. <br />4. I! Crantee~s sand and grsvel mining operations or <br />related activities on the Property are the proximate cause of <br />any impairment in the normal quantity or quality oL voter <br />produced from the current rater roll which serves the ernly <br />residence, Grantee shall provide to the Braly residanee rater <br />rhich is suliicient to provide the eraly residanee rith the <br />amount and quality o! rater lawfully and historically used <br />from such water rail. <br />S. Zf Grantee decides to establish access to Highway ~6 <br />over the surface o! the Property !or the truck hauling at sand <br />and gravel lrom the Sand and Craval Estate or any portion o! <br />the property deacribad on Exhibit A-1 attached hereto <br />A-2 <br />
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