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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CM0001260
4 2 b b 0 1991 AUG I LI A 10: 2IF
_ DORIS L. BRILL SUMMIT COUNTY RECORDER
EASEMENT DEED
This Deed, dated this L_?1-t,.riay of August, 1992, is
from the Clinton Ditch & Reservoir Company, a Colorado
nonprofit ditch and reservoir company (the NCompanyN), to
climax molybdenum Company, a Delaware corporation (NClimaxN),
101 Merritt 7 Corporate Park, P.O. Box 5113, Norwalk,
Connecticut 06856-5113, Attention:_ President.
For good and valuable consideration,'the receipt-and.
sufficiency.of which are hereby acknowledged,..the Company
hereby grants, bargains, sells and conveys to Climax the
following:
is
1. a non-exclusive easement in and across the real
property described on Attachment 1 hereto for operation and
maintenance of a pipeline, currently constructed across the
dam appurtenant to the Clinton Gulch Reservoir, for transport
of water through the Supply Canal No. 1 and for the benefit of
1 the Supply Canal No. 1. The easement.shall run until such
w time as_the Supply Canal No. 1 shall cease operations on a
^I permanent basis, at which time this easement shall terminate
automatically and without any action on the part of the
` Company or Climax. Upon such termination Climax shall, at its
cost, remove the.pipeline and repair any damage caused by such
removal; and.
2. a non-exclusive easement in., on, over and across
the real property described on Attachment 2 hereto for
construction, operation and maintenance of (a) a pipeline, not
to exceed 42 inches in diameter, to transport tailings and
water from such sources as Climax shall select, and (b) such
utilities to which the Company consents, which consent shall
not be unreasonably withheld. The easement shall run until
such time as:the pipeline ceases operations on a permanent
basis, at which time Climax shall remove the pipeline within
120 days thereafter and this easement shall terminate
automatically and without any action on the part of the
Company or Climax. Upon such termination Climax shall, at its
cost, remove the pipeline and repair any damage caused by such
removal.
3. A non-exclusive perpetual easement across the
real property described on Attachment'2 hereto for
construction,.operation.and maintenance of gas and telephone
lines; provided, however, that all lines replaced or installed
after the'date hereof shall be placed underground. The
easement shall run until such time as the utility lines cease
Exhibit 42