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Permanent Man-Made Structures <br />Lcttcr of Agreement <br />Date: April 3, 2008 <br />To Whom it May Concern: <br />This agreement between Southwest Farms, inc. 214 39`" Lane Highway 96 East, Pueblo, CO 81006 the <br />operator of the Blue Grass Gravel Pit engaged in the activity of gravel mining and Excelsior Irrigation <br />Company, I01 East Santa Fe, P.O. BOX 367 Fowler, CO 81039. This agreement will cover Excelsior <br />ditch operations within the Sections 33, Section 34 and Section 35, '['ownship 20 South, Range 63 West, <br />of the 6`" P.M., Pueblo County, State of Colorado. <br />This agreement is to provide that Southwest Farms, Inc. can carry on normal gravel mining activities <br />within the property and within the MLRB Permit Boundary Line and to modify and relocate the Excelsior <br />ditch with the approval of the Excelsior Irrigation Company to facilitate the implementation of the water <br />reservoirs that will be the finial use post mining reclamation. It also provides that any damage caused by <br />the mining operation to Excelsior ditch and/or structures, equipment or improvements will be <br />compensated by Southwest Farms, Inc. to the Excelsior Irrigation Company. This agreement is to comply <br />with Rule 6.4.19 of the Colorado Division of Reclamation, Mining and Safety, Land Reclamation Board <br />Rules and regulations dealing with any adverse affect on any significant, valuable or permanent man- <br />made structure within 200 feet of the affected land. <br />This agreement shall be binding on the Heirs, Successors and assigns of Southwest Farms, Inc. and the <br />Excelsior Irrigation Company. <br />t~- <br />IN WITNESS WHEREOF, This Agreement has been executed on this ~ day of 1 `~ ~ , 20~• <br />Excelsior Ipigation Company ~ /~ ~ •~ ~ <br />:" ~' ~ <br />• i <br />Date: L' ~ 1,.~ : a~ <br />d t ~ ;'~ <br />AGREEMENT ACKNOWLEDGEMENTS '~• ~;.'~ <br />STATE OF COLrORADO 1 <br />COUNTY OF {-- ~ Pa ~~ ~ ) <br />The foregoing inst~umcnt was ac ~ cm~lcd ~~d before me this ~ day of rl' ,'-~H• <br />g)~~~i(~PC L, J)U(~iN at ~eSl~P~1~' of the Excelsior Irrigation Company <br />IN WITNESS W EREOF I have heretofore set my hand and official seal the day and year last abcive written. <br />Notary Public , <br />My commission expires: <br />04115/200 <br />W WITNESS WHEREOF, This Agreement has been exe~:uted on this day of ,'~~ <br />Southwest Farm ,Inc. <br />_ ~ , ; - ~: . <br />Q :~ ~:~~ LG~ s <br />Date: ~ r 8- ~~ r? J ~; o z <br />t'- Q f <br />AGREEMENT ACKNOWLEDGEMENTS =~=. ~ A ~ ,~ <br />7"~'.,r' ~ 1 rG <br />STATE OF COLORADO `' ~ .`-~` <br />COUNTY OF ~E~SLC7 ) <br />The foregoin instrument was acki owledged before me this ~j7~ day of `' ~ 200R• <br />By~~ C:,n~t,~ as RgS;~, FNT of the Southwest Farms, Inc. <br />IN WITNESS HEREOF I hay: ~fo set my hand and otlicial seal the day and year last above written. <br />J l <br />Notary Public ~ <br />My commission e.~pires: ~ d~-~ ~~ '~'~ ~ <br />