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<br />3. An existing road (hereinafter "Yule Creek Access Road") described in <br />paragraph 5 of the first amended complaint in this matter, crosses a portion of the subject <br />property. The Yule Creek Access Road extends to, among other places, the "south portal <br />entry" also known as "entry #3" on the subject property. <br />4. A dispute presently exists as to whether the Yule Creek Access Road is a <br />public road. <br />5. Gunnison County, the Forest Service. ON1YA, Inc., and Sierra Minerals <br />Corporation desire to resolve among them all pending disputes regarding the Yule Creek <br />Access Road and to expeditiously conclude ON1YA, Inc.'s and Sierra Minerals <br />Corporation's participation in the above captioned litigation. <br />6. OMYA, Inc. and Sierra Minerals Corporation hereby consent to entry of a <br />quiet title decree in the above captioned matter quieting title to the Yule Creek Access <br />Road as it crosses the subject property as a public highvday pursuant to C.R.S. 43-2-201 <br />dedicated to public uses under the jurisdiction of Gunnison County. <br />7. OMYA, Inc. and Sierra Nlinerals Corporation hereby consent to entry of a <br />declaratory judgment in the above captioned matter determining and declaring that the <br />Yule Creek Access Road as it crosses the subject property is a public highway pursuant <br />to C.R.S. 43-2-201 dedicated #o public uses under the jurisdiction of Gunnison County. <br />8. The width of the Yule Creek Access Read as it crosses the subject property <br />is thirty feet (30'), fifteen faet ;,15') en either silo of the centerline, plus any existing pullouts <br />and ditches, EXCEPT that the Yule Creek Access Road includes the currently existing <br />public parking area located on the White Marble Lode in excess of thirty feet (30') in width. <br />9. OMYA, Inc., to the extent it is legally able to do so, and Sierra Minerals <br />Corporation, to the extent it is legally able to do so, °ach hereby grant to Gunnison County, <br />Colorado in perpetuity a nonexclusive right to the Easement conveyed in Book 683, page <br />841 of the records of the Clerk and Recorder of Gunnison County, Colorado. <br />10. The Forest Service, ON1YA, Inc., and Sierra Minerals Corporation each <br />acknowledge that the Board of County Commissioners of Gunnison County, Cclorado has <br />the right to impose orders, rules and regulations on the use of the Yule Creek Access Road <br />as it crosses the subiect property including but net limited to place. time and manner of <br />motor vehicle use. <br />-, <br />