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• <br />i <br />• <br />across the following tract of land along the East line of the <br />Southwest Quarter of the Southwest Quarter of said Section 11, <br />to-wit: <br />Beginning at the Southeast corner of the <br />Southwest Quarter of the Southwest Quarter <br />of said Section 11, thence North 960 feet, <br />thence South 45°00' West 112 feet, thence <br />South 910 feet, thence East 100 feet to <br />the point of beginning. <br />Notwithstanding the metes and bounds description it is the <br />intent hereof that the said easement shall connect to the <br />railway crossing now existing at or near the North end thereof <br />to permit use of said crossing and connection to the public <br />road. <br />3. Chambers also grant to Elam the right and privilege <br />~I <br />of use of water rights owned by Chambers. Such right of use <br />shall not exceed a total of thirty thousand (30,000) gallons of <br />water per day, and if any problems are encountered by Elam in <br />connection with the character of the use o£ the said water or <br />use outside the irrigation season that Elam shall resolve such <br />problems at its own expense. <br />4. Elam agrees to proceed with due diligence and <br />_~ <br /> <br />make any necessary application to Garfield County, Colorado, <br />for a permit to extract gravel from the leased premises and make <br />application to the Colorado Ptined Land Reclamation Board for <br />the issuance of a gravel permit relating thereto. If such <br />permits are denied then this Lease Agreement shall terminate <br />and be of no further force and effect. Elam anticipates that <br />the final decision by Garfield County, Colorado, and the <br />Colorado Mined Land Reclamation Board will be received by <br />June 1, 1979, but if all documentation has been filed therewith <br />by Elam and no decision received by said date this Agreement <br />shall remain in effect until the decisions have been rendered <br />and either the premits issued or denied. If each of such <br />permits be granted the lease term shall begin as of the date of the <br />last such permit to issue and shall extend for a period of <br />-2- <br />__ .,.Y.,_~.,..,.. _ . .z.~ -- . _ _.. <br />