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241742 09/27/2006 11:15 AM B:762 P:235 AGMT <br />Page 3 of 7 R $0.00 D $0.00 T $0.00 Clear Creek <br />mill KII U &I, VI ?XTIKVUIN PAM 11 1 <br />M.I.X. Lode to the point of intersection with Line 1-4 of the Hortense Lode, M.S. No. 15279; <br />• thence northwesterly along Line 1-4 of said Hortense Lode to the point of intersection with Line <br />4-5 of said Patten Extension Lode; thence northeasterly along Line 4-5 of said Patten Extension <br />Lode to Corner No. 5 of said Patten Extension Lode, the point of beginning. <br />WITH; <br />The Schaffter Lode, which is sometimes referred to as the Shafter Lode, M.S. No. 608, as <br />described in the United States Patent recorded in Book 50 at Page 145, County of Clear Creek, <br />State of Colorado. <br />2. The OWNER of the subject properties, certified by its notarized signature below, find that <br /> combination of the subject properties into a single parcel will improve, and will not injure or <br /> reduce, the value of this land. <br />3. The COUNTY finds that the above-described combination of contiguous parcels is an action <br /> which is exempt from the terms "subdivision" and "subdivided land" pursuant to <br /> 30-28-101(10)(c)(VIE). <br />IN CONSIDERATION OF THE ABOVE, THE OWNER HEREBY AGREES: <br />1. That such larger parcel (comprised of the combination of the contiguous parcels described <br /> above) shall remain from this day forward a single parcel. <br />2. That the OWNER and its successors-in-interest shall not transfer any portion less than 100% of <br />• the combined parcel, by deed or otherwise, without the written consent of the then Board of <br /> County Commissioners, said consent being subject to public hearing procedures if applicable. <br />3. That the OWNER'S successors-in-interest shall be notified of the stipulations herein contained <br /> by the placement of this instrument on record with the Clear Creek County Clerk and Recorder <br /> immediately upon execution; and by making reference to the Book and Page number upon the <br /> deed or instrument of conveyance. <br />4. It is the OWNER'S responsibility, if applicable, to vacate utility easements where lines are being <br /> eliminated, and to ensure that anyone having a mortgage, deed of trust, lien, or other <br /> encumbrance filed on all or a portion of the property involved in this agreement will authorize <br /> the agreement and waive objection to its approval. <br />• Page 3 of 5