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,.. <br />I Iltll uli IINII 11111 III IIII IUIIII IQ Illl I(11 NIl <br />2810180 12101/Z80p 11:38A JA Sind 7suiamote <br />1 0l 5 R 26.80 D 0.00 WeW Couury CO <br />COVENANT NOT TO IRRIGATE <br />(Dry-Up Covenant) <br />Notice is hereby given that D & S Mining, Inc., Freda Dreiling, Myma <br />Slabaszewski and their predecessors in interest have continuously and historiplly <br />irrigated certain lands underlying the Brighton Ditch. These lands include the <br />following parcel of approximatety 168 acres: <br />The W'/z of the SW'/a of Sec. 7, T1N, R66 West of the 6~' P.M. and the E~/z of <br />the SE'/a of Sec. 12, T1N, R66 West of the 6"' P,M., both in Weld County, <br />Colorado. <br />D & S Mining, Inc. contemplates conveying the above-described real property <br />to the City of Thornton and, as part of that transaction, is not conveying the <br />appurtenant water rights such as the interests in the Brighton Ditch Company shares <br />which historically irrigated said property. <br />D & S Mining, Inc., Freda Dreiling and Myrna Slabaszewski contemplate the <br />separate sale and transfer of their interests in the Brighton Ditch Company, and the <br />purpose of this Covenant is to be able to give assurances that this historic acreage <br />will never again be irrigated by waters from the Brighton Ditch once the water is <br />transferred to a new use by an appropriate proceeding in Water Court. <br />However, nothing herein shall be construed to prevent any future owner of <br />both the land and Brighton Ditch Company shares from reapplying said water to <br />irrigation uses on the above described property by appropriate proceeding in Water <br />Court. Nor shall anything herein be construed to prevent any future owner of the <br />above described property from utilizing Brighton Ditch Company shares for the <br />creation and filling of any reservoir developed on the property. Nor shall anything <br />herein be construed as a release of D & S Mining, Inc., Freda Dreiling and Myma <br />Slabaszewski from any obligation they may have to supply Brighton Ditch Company <br />water to the property under the Lease Agreement dated August 15, 1996 between <br />D & S and Richardson Contracting, Inc. and the Assignment, Amendment and <br />Consent Agreement dated April 20, 1998 ("Mining Lease"). <br />~. ~~: <br />oZooo62~ 71 <br />