|
for telecommunications or to provide telecommunications services as such terms are
<br />defined m The Federal Telecommunication Act of 1996 shall be prohibited
<br />4 11 The degradation, pollution or draining of any surface or sub -surface water
<br />on the Property
<br />4 12 The transfer, encumbrance, lease, sale, or other separation from the
<br />Property of any surface or sub -surface water nghts that are appurtenant to the Property
<br />4 13. Grantor shall not interfere with, impede, delay or otherwise prevent water
<br />that has histoncally crossed the Property to serve other properties from crossmg the
<br />Property, even if said crossmg is not memorialized by written easement Grantor shall
<br />retain, reserve the nght to use, and use the Water Rights in current or future agricultural
<br />production on the Property, and shall not transfer, lease, sell, or otherwise separate the
<br />Water Rights from the Property, provided, however, that m the event Grantor cannot use
<br />the Water Rights on the Property in any given year, Grantor shall notify Grantee, and
<br />Grantee may exercise its rights to put the Water Rights to beneficial use, When requested
<br />by Grantee, Grantor shall provide Grantee with evidence that the Water Rights are bemg
<br />beneficially used on the Property including, but not limited to, copies of reports filed with
<br />or produced by district and state water officials proving water diversions and water usage,
<br />and copies of any reports confirming crop production If Grantor receives notice of
<br />abandonment of any component of the Water Rights, Grantor shall notify Grantee in
<br />wasting within thirty (30) days of receiving such notice, and Grantor shall act
<br />affirmatively and shall cooperate with Grantee in taking any and all actions reasonably
<br />necessary to defend use of the Water Rights on the Property to prevent abandonment or
<br />forfeiture
<br />4.14 The mining or extraction of geothermal resources, soil, sand, gravel, rock,
<br />oil, natural gas, fuel, other hydrocarbons or any other mineral substance shall be
<br />prohibited upon or withm the Property Grantor shall not transfer, lease or otherwise
<br />separate the geothermal resources, soil, sand, gravel, rock, oil, natural gas, fuel, other
<br />hydrocarbons or any other mineral substance from the Property
<br />4 15 The establishment or maintenance of a commercial feed lot is prohibited
<br />For purposes of this Easement, "commercial feed lot" is defined as a permanently
<br />constructed confined area or facility within which the land is not grazed or cropped
<br />annually that is used and mamtained for the purpose of feeding and fattening livestock for
<br />future commercial sales
<br />416 Gradmg, contouring, berming, reshaping, or otherwise altermg the
<br />topography of the Property for non-agricultural purposes, including without limitation,
<br />the movement, excavation or removal of plants, plant matenal, soil, sand, gravel, rock,
<br />peat or sod, without the pnor written consent of Grantee, and then any such activity
<br />conducted for agncultural purposes may only occur to such an extent that does not
<br />Mayhoffer 3 IGA
<br />12
<br />
|