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f � .', I bearings and distances attached as Attachment B to this agreement, descr(bed in Attachment C and incorporated herein. 2. Rights Within Easement Area. Owner conveys to the District, for exercise by its authorized representatives, agents, contractors and sub�ontractors, the right in perpetuity to excavate and store sediments ' within the �asement Area and to manage hydrology and channel stability within the bed and banks of Classen Creek, including activities necessary i or convenient for those purposes inciuding but not limited to movtng � soils; placing structures; placing, moving and operating vehicles and • � equipment; staging and stockpiling materials; placing and maintaining � erosion conirol and similar measures as may be requlred by permit ar ; may be prudent for environmental protection; and planting and managing ! vegetatlan. Notwithstanding the perpetual nature of t�is easement, the District will maintain or stage vehicles, equipment, supplies or stockpiled ; materials within the Easement Area only as netessary or convenient for � active work and site stabilization and will cease such use within 30 days of completing active work. 3. Owner's Reserved Rights and Retafned Obligations. Owner reserves a!I rights and privileges associated with ownership of the Property except to the extent they would interfere with the District's exercise of its rights under this easement. �wner reserves without � limitation the right to engage in or allaw others to engage in all activities � or uses of the Property not prohibited or limited by this easement and the right to sell, transfer or burden all or part of the Properry subJect to this easement. Owner will inform all others who exercise any right on the Property by pr through Owner of the existence and nature of the easement. Owner retains all financial obligations and bears all costs and liabi{itles of any kind accruing from fee ownership of the Property. Owner will pay all taxes and assessments levied against the Property. This easement specifically does not authorize the District to remove or lower the existing dam outlet of Swan Lake and does not authorize the use of the Property for such a purpose. Although the District has no intention or plan at thls time to remove or lower the dam outlet of 5wan Lake, the preceding sentence is without prejudice to any right or authority the District may possess independent of this easement to pursue any such hydrologEc change at a future time. 4. Recitations Incornorated. All recitatians are a part of this agreement. 5. NQ Public Access Granted. Nothing in this easement authorizes any public right of access anto the Praperty. 6. Owne� Warrantv. Owner warrants that it ha5 the full power to convey this easement according to its terms; that this tonveyance does not constitute a default under any indenture, agreement, mortgage or other instrument to which either Owner is a party and does not contravene any 2 �