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.- Y 4. <br />and Range, containing thirty-five and seventy-six hundredths acre, more or less, located <br />in Rock Creek Mining District, Gunnison County, Colorado (the "subject property°). <br />2. Gunnison County, the Forest Service and OMYA, Inc. previously have entered into <br />a Settlement Agreement dated November 22, 1888, ("Settlement Agreement) in this <br />matter. This Additional Settlement Agreement establishes certain stipulations among <br />Gunnison County, the Forest Service and OMYA. Inc. in addition to those established in <br />the Settlement Agreement Only as set forth below at paragraph 9 does this Additional <br />Settlement Agreement modify a term of the Settlement Agreement. <br />3. Gunnison County, the Forest Service and OMYA, Inc. stipulate and agree that, in <br />addition to the existing public road described in the Settlement Agreement, a public trail <br />("additional right of way") exists, and has existed historically, across the subject property, <br />generally as described in the document'"Rights-of-Way for Old Road & Trail and Boundary <br />Lines between MS 4411, MS 54530, and White Marble No. 2 Placer located In Section 1 <br />T. 12 S.R. 68 W. 6th Principal Meridian," dated 10-20-2000. drawn by Terri Weber, North <br />Star Surveying, Inc.. at Note S. filed with the Court In this matter, and generally as <br />described in the correspondence dated March 14, 2401, from Rex E. Loesby, President, <br />Sierra Minerals Corporation to David Baumgarten (copy attached hereto and incorporated <br />herein), and extending from the main Yule Creek Access Road to the southern border of <br />the Thompson Placer and the Forest Service lands. <br />4. OMYA, Inc. hereby consents to entry of a quiet title decree In the above captioned <br />matter quieting title in the additional right of way as it crosses the subject property as a <br />public trail dedicated in perpetuity to public nonmotorized uses under the jurisdiction of <br />Gunnison County. <br />5. OMYA, Inc. hereby consents to entry of a declaratory judgment in the above <br />captioned matter determining and declaring that the additional right of way as it crosses <br />the subject property Is a public trail dedicated in perpetuity to public nonmotorized uses <br />under the jurisdiction of Gunnison County. <br />6. The width of the additional right of way as it crosses the subject property from its <br />connection with the main Yule Creek Access Road to the border of Forest Service land is <br />ten feet (101), five feet (51 on either side of the centerline. <br />7. After the Court's approval of this Additional Settlement Agreement, and before entry <br />by the Court of a quiet title decree and a declaratory judgment, Gunnison County shall <br />obtaln a survey by a Colorado licensed surveyor to specifications determined by Gunnison <br />County and at no cost to OMYA, Inc., determining a center line legal description of the <br />2 <br />ir0q:. Jgaupuln pod 9LST TV9 OLS YVA 9£'6T TO/£T/VD