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1. Grant of Easement. HEISETH hereby grants to MOORE, his heirs and
assigns, an easement for ingress and egress and for construction and location
of the drainage ditch (with appropriate dikes, as required) and graded roadway
over and across the west SO feet of that parcel of land hereinabove described
as Parcel One. MOORE hereby grants to HELSETH, his heirs and assigns an
easement for ingress and egress and for construction and location of the
drainage ditch (with appropriate dikes, as required) and graded roadway over
and across the west SO feet of that parcel of Land hereinabove described as
Parcel Two.
Of the easements hereinabove conveyed, the approximate west 20 feet shall
be for drainage ditch, berms and dikes, and the approximate east 30 feet thereof
shall be for the graded roadway. There shall be installed a two-way irrigation
and drainage pump, together with all necessary piping, in the west 20 feet of
Parcel Two at approximately the southwest corner of said Parcel Two with the
piping running from the pump into said Canal C-23.
2. That HELSETH and MOORE shall share the cost of the construction of
said improvements on a SO-SO basis, including cost and construction of the
drainage and irrigation ditch, the graded road-way, the irrigation and drainage
pump, and the installation of said irrigation and drainage pump.
3. The cost of maintenance of said canal and its berms and dikes, the
access graded roadway, the pump and its piping shall be born by HELSETH and
MOORE on an equal basis. .
4. If any land owner, now or hereafter bound by the terms of this Agreement,
defaults in the performance of any obligation hereinabove set forth, the remaining
owner or owners may proceed to discharge such obligation by advancing the cost
thereof or performing the work required, and if reimbursement be not made by such
defaulting party or parties within thirty (30) days after notice in writing
of the discharge of such obligation by the party or parties rectifying the
~ default and the prorata cost to the defaulting party; then and in such event,
the defaulting party and the lands by him or it owned shall be excluded from
the benefits of this Agreement in the same manner and effect as if such defaulting
party had executed and delivered to the remaining parties a Quit-Claim Deed
releasing and conveying all of the right, title and interest of such defaulting
party in and to the rights of way herein described and any other facility owned
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f X333 391
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