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hlAl. -06' 99 (THU) 09:33 LAND TITLE COhIh1RCL <br />TEL:303 399 3196 <br /> <br />4. Reclamatlnn Uhligntion. Grantee covenants and agrees for the benefit of <br />Grantors, their heirs, successors and assigns, Unt should minins occur on the Property, Grantee <br />shall reclaim the Property through the creation of lakes and~or wetlands. In addition, Grantee <br />agrees to provide topsoil and purchase Md have planted (by Grantors if Grantors so desire and <br />cM do so at n competitive pride as determined by the parties) cottonwoods with an evergreen <br />understory at nn S to 10 Coot gpacmg along the eastern boundary of the Property (sotrtlt of the <br />public Service Company parcel and adjacent to the existing reservoir). <br />5. Private Rlgbtp~ o(Aeccse. Grantors expressly reserve, and Grantee covznMts and <br />agrees that Gnntnra, their heirs, sueeesson and assigns. shall have private rlshts n`acccss m~cr <br />and across the Property for ttj:reetianal proposes (but not hnntingl Md for occes=_ to the South <br />Platte River. ~ <br />I <br />6. Nn Public +1cCCSS Ril;hts. Gr'tntee covenants and agrees for tltc benefit of <br />Grnttors. their heirs, successors and assigns, that nn portion of the Properly shall voluntarily he <br />permitted by Grontee to be u2ed in the future for public access, public recreation or puhlie ttse; <br />excepting, however, n hike trpil within 100 feet of the South Platte River. Grantee may place a <br />conservation easement a('fecting the property cm long oc nn pnhlic access, recreation or use tykes <br />place thcrewdcr. Grantee shall notify Grantors if GrM[ec txcmmes aware of or receives notice <br />of any pmposrd puhlie access right affecting the Property, <br />7. Wafer lasues. In connection with its mining netiviiies, (irnntee cnvcnnnts and <br />ngrcrs for the bcncGt of Grarlton, Ihcir heirs, successors Md assigns, not to c~usc the drawdorvn <br />of the reservoir c~~t the ca9tern'h of SkG Pit 27 (locntcti immediately cast of the Property) in a <br />manner which causes injury to Grnnton' water rights or which draws dmvn the reservoir in <br />cccess ot2 feet below the normal high water line of the reservoir. This provision shall not <br />preclude Grantors from seeking temt! to prevent igjury to the reservoir or their water rights in <br />any administrative or other proceeding. Grantee also agrees to indemnify t;mnlors far any fish <br />Ions nttnbutablc to the impact of mining operations on the water Icvcl of the adjacent reservoir, <br />includinlt the impact of any ~tmwdown in excess of one foot below the normal high water line of <br />rho reservoir on spawning arras. <br />F:!rcctned os of the dine tint wriUrn above. <br />r <br />hlie ~ . 'mus , <br />/' <br />1-t"a A. <br />w+ar •2• <br />P. 003 <br />~~ '- <br />