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<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, 1898, ("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 8 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-af-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. 88 W. (3th Principal Meridian," dated 10-20-2000. drawn by Terri Weber, North <br />Star Surveying, Inc., at Note B, filed with the Court in this matter, and generally as <br />described in the correspondence dated March 14, 2001, 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 nonmotoriaed uses under the jurledlation 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 (10'), five feet (5) on either side of the centerline. <br />7. After the Courts 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 />obtain 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 />i70 e, Jg8a?putT1 Pon 9LST Tb9 OL6 Y VA 9V kT TO/£T/YO