2011-03-14_REVISION - M1977493 ‎(40)‎

• Permit No: M1977493
• IBM Index Class Name: REVISION
• Doc Date: 3/14/2011
• Doc Name: Exhibit List, Exs. 39 to 43
• From: Climax
• To: MLRB
• Type & Sequence: AM6
• Media Type: D
• Archive: No

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CM0001243
4 2 b b 06 1992 Aiiu 1 LI AID
DORIS L. BRILL SUIXXIT COUNTY RECORC_R
BASEMENT DEED
This Deed; dated.August M 1992, is from Climax
Molybdenum Company, a Delaware corporation ("'Climax"), to the
Clinton Ditch & Reservoir Company, a Colorado nonprofit ditch
and reservoir company (the #Company"'), P.O. Box 68,
Breckenridge, Colorado 80424.
O
For good and valuable consideration, the receipt and N
sufficiency of which are hereby acknowledged, Climax hereby r Cr
grants, bargains, sells and conveys to the Company the
following:

1. A'perpetual, non=exclusive easement in,_on,
through and across the Clinton Canal, more particularly
described on Attachment 1 hereto, or.in such other property in
which the Canal'is actually located or relocated, for the
transportation of water from the Clinton Gulch Reservoir (the ?n
"Reservoir"'), more particularly described on Attachment 2 s H
hereto, to Tenmile Creek. Climax may, in its discretion and
upon written notice to the Company, relocate the Clinton Canal o
and the Company's easement therein, provided that such ?
relocation does not interfere with operation of the Clinton 'O
Gulch Reservoir. Such relocation shall be at the-sole . cost -"?
and expense of Climax, and Climax shall bear any increase.in o _
the cost of-operating and maintaining Clinton Canal caused by
such relocation. Upon any such relocation the Company shall a
have an easement over the new location of the Clinton Canal
without further action by Climax or the. Company;
2. A perpetual, non-exclusive easement in, on, over
and across the real property described on Attachment 3 hereto,
for purposes of ingress and egress to the Clinton Canal
described on Attachment 3 to operate or maintain the Clinton
Canal; and
3. A perpetual, non-exclusive easement on, in,
over, across and under the real property owned by Climax and
described in Attachment 4 hereto for construction, operation
and maintenance of a pipeline or a ditch to bypass releases
from the Reservoir directly into Tenmile Creek downstream of
Climax's waste discharge point pursuant to NPDES Permit
No. CO-0000248. ?.
a
Climax hereby warrants title to the foregoing
described easements to have and to hold unto the Company, its
successors and assigns forever.
R a S3Qte D00c: ;-i?-n` r -? _ --?
-14 D.to G 19-??
iog 61)
Exhibit 41