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HomeMy WebLinkAbout2598 ~ . The canal shall be maintained by Third Party at a11 times in good condition and ahall be kept reasonably t~c~ee and clear of obstructions. 3. The spoil taken in the conetruction of the canal shall be deposited on the Sou~h side thereof fox~ning a good sub- stantial and continuous dike which ahall have a minimum top elevation of 30 feet and a minimum top r~idth of 10 feet. ~~rbe~ 4. Firat Party shall have the full and unrestricted right to pump and drain water into and from said canal. ~ 5. First Party reaerves and retains the title and ~ ov~mership of said spoil material and the right to the use and re- moval thereof so long as such use and removal-will not be detri- mental to the dike and so long as the minimum dimensions mentioned in Paragraph 2 above are maintained. 6. Third Party shall construct and inatall through said dike one 84" CI~+~ coated culvert with a 12 ft. riaer, at the fol- lowing location: ~ In the middle of the Weat 125 feet of said North 125 feet of Section 3, Township 37 South, Range 37 East. 7. First Party ahall have the right to tie into said cana7. by and with other canals and culverts to assist in the drainage and reclamation of the abutting and other landa of Firat Party. ' 8. Second Parties shall ha.ve the right to use and utilize the canal to be constructed in accordance herewith in a manner consistent with th$t certain Easement and A reement betwee .i g.?u~iTj~ 8 ~ / 963 Firat Party and 3econd Par~ies dated Dr~i~~ , l~i~, and -i~- - eacept as otherwise specificaliy recited and provided herein, these presents shall in no wise alter, aFfect, diminish or cancel ~ an~r of the terms, covenanta, obligations, conditions and agreementa -2- 600K1UV PACE~~~ s - . . ~ - - - _ _ ,a, : - . ~y . , ~,~-s".:.=_