2009-05-11_REVISION - M1987049 - Laserfiche WebLink

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MAY-11-2009 13:55 ?kNF,13Y = X1&1' r , 3032988748 P.13i14 * 4-14-97 ; 3:37EN : 3038619026 9703561111;0 71 8 b. Maintenance of water elevation in the three lakes is essential to maintaining the flow of water in the McCanne Ditch. Rudy lilted agrees that it will set Elie overflow pipes between the three lakes, as depicted on ExhibiE A, at such elevations as to maintain a water elevation of 4,965.0 feet In the north lake, labeled Ii-, I I I and IV on Exhibit A, a water elevation of .4,9 70.0 feet in the middle lako, labeled V and VI on Exhibit A, and a water elevation of 4,973-0 feet In the south lake, labeled VII and Vi l i on gihiblt A. Furthermore, Ready Mixed will cover the dlkds with overburden material along the west side of each of the lakes and the northwest side of the north lake to reduce seepage co the river and along the east side of the north lake to minimize the hydraulic sannecCion between the di?ch and the lake, Ready Mixed will construct a controlled overflow ' from the northeast carrier of the north pond into the McCanne Ditch of at least ten inches in diamater to allow this controlled overflow or- water into the McCanne D1 Cch. 7. To prevent damage to the McCanne Ditch as a result of flooding, a depression In the dice 5hou)4 be placed in the north lake on the north or northwest portion of the duce as an emergency spi I )way so flooding water wi l l go to the river. Ready nixed may, as required by the Urban Drainage and Flood Control District, incorporate this depression into the Urban Drainage and Flood Control District requirements. 8. Any proposed changes in the mining plan must he approved by McGartne. 9- McCanne agrees it will not raise any objections, legal or otherwise, to Ready Mixesd`s application to the Mined Land Reclamation Board for a mining permit nor object in Any way to Ready Mixed obtaining Ch. required zoning and state permits to allow it to operate the mine on the subject property. 10. This Agreement shall be a covenant running with the land, shall be binding upon the parties, their heirs, personal representatives, administrators. successors and assigns and shall be enforceable. against the same. I). This document represents the compere agreement of the parties hereto and no oral m0dificatiOn, shall be re0g9nized. Any alllendmants or additions to this Agreement xhali be made In writing signed by the parties. IN VITNESS WHEREOF the McCanne Ditch and Reservoir Company has, by the aurhoority of its Board of Directors, caused this Agreei=t to be executed by Pcs President and attested by its Secretary and Ready Mixed Concrete Company has, by the authority *of irs Board of Direccears, caused this Agreement ro be executed by its President and attested by Its Secretary. DATED the day and year first written above.