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EASEMENT AGREEMENT <br />This Easement Agreement made and entered into this day of <br />20_~ by and between Reuben Bernhardt, Hester P. Bernhardt, David L. Bernhazdt and <br />Timothy A. Bernhardt hereafter referred to as "Grantor", and Hall-Irwin Corporation, or its <br />assignee(s), hereafter referred to as "Grantee." <br />WITNESSETH: <br />and; <br />WHEREAS, Grantor owns the property described on Exhibit A, hereafter the "Property", <br />WHEREAS, Grantor desires to grant to Grantee the right to store water in a gravel pit <br />lake to be mined, excavated, and located upon the Property known as the Reservoir(s); <br />NOW, THEREFORE, inconsideration of the mutual covenants and promises of the <br />parties hereto, it is agreed as follows: <br />GENERAL PROVISIONS <br />The Property encumbered by this Easement Agreement is the Property described on <br />Exhibit A. <br />STORAGE EASEMENT <br />A. Grantor hereby conveys 1q Grantee an easement for storage and detention of water <br />on the Property, which includes the installation of pumps, ditches or water conveyance structures <br />as necessary to carry water to and from the Reservoir(s). Easements are hereby granted to and <br />from the source of the water to the Reservoir and to the point of delivery of the water off the <br />Property as may be further defined in the future by the Grantee. <br />B. The exact dimensions of the high water line of the lake and the locations of such <br />ditches and pumps shall be surveyed at Grantee's cost within six (6) months of the time the <br />excavation of the Reservoir(s) are completed and the lake is filled to capacity. The boundary of <br />the Storage Easement shall be a line twenty-five (25) feet beyond the outside edge of the <br />bentonite slurry wall to be built by Grantee, or it assignee, or such reasonable space as needed <br />for repair. <br />C. Grantee shall be responsible for maintenance of the Storage Easement and shall, <br />at all times, maintain the lake in a good and safe condition and comply with all federal, state, and <br />local laws, rules, and regulations with regard to the same. <br />EXHIBIT C <br />