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Ns.. 161, Ja! 71 ikRTlkl Ril[kfE tiF It~pRY(ik6E (Z W~1 Pro,iett: OAF-34-4(1(}2) AFE: R-343 Trutt: 5 AND aLSU: EXCEPT: GVER ONE CONDITIONAL RE5TRICTEA ACCE55(ES). SUCH ACCESS IS TO BE PFRMIFTED ONLY IF IT DOES NOT EXCEED 40 FEET IN WIDTH, AND ONLY S0- LONG AS TRAFFIC UPON SUCH ACCESS(ES) DOES NOT EXCEED 10 VEHICLE MOVEMENTS PER HOUR AS DETERMINED BY THE DEPARTMENT OF ROADS IN ACCORD+ii'iCE WITH THE PROCEDURES INAICATED BELOW. THE CENTERLINE(S) OF T-HE A£CB95(.~5) (I$r ARE) LOCATED 977.36 FEET FROM THE 4iE9T LINE OF SAID f#~RTEFE 'dUARTER AS MEASURED ALONG THE CENTERLINE OF THE HI13iiWAY. FOR- THE PURPOSE OF THIS INSTRUMENT, THE 20 VEHICLE 340VEME'NTS PER HOUR WILL BE MEASURED AND DETERMINED BY THE FOLLOWING PROCEDURES UPON ITS ,,n~ OiiN D£TERJ~iNATION OR WHENEVER TRAFFIC CONGESTION OCCURS. AT A R£5TRi1~TED ACCES5+ THE DEPARTMENT MAY MAKE A TRAFFIC COUNTr SUCH COUNT TO BE POR, A liI'MIMUM 8'-HOUR PERIOD DURING THE HOURS OF 7 AM TO 9 AMs 10 AM TO 1 P;Mr 3 PM TO 6 PM, ANA+ IN AADITION> FOR ANY OTHER PEAK HOURS " PECULIAFi€ Tt4~`PHE HIGHWAY. THE AVERAGE HOURLY TRAFFIC WILL BE DETERMINED BY DIVIDINyt'r THE TOTAL NUMBER OF VEHICLE MOVEMENTS RECORDED AURING TH£ TIME PERIODS BY THE LENGTH OF THE TINE PERIODS IN HOURS. IN TH£ EVENT ANY OF THE PERK HOUR VEHICLE COUNTS EXCEEDS THE AVERAGE BY A FACTOR OF 1.5+ THE HIIiHER FIGURE MAY BE USED TO DETERMINE THE NUMBER OF VEHICLE MOVEMENTS FOR THE ACCESS POINT. PROVIDED THAT THE GRANTOR DOES COVENRNT AND AGREE THAT SHOULD H£ OR HI5 SUCCESSORS IN TITLE FAIL ANA REFUSE YQ KEEP OR PERFORM THE PkOVISIONS IIMI'iING TRAFFIC IM SUCH ACCESS TO 10 vEHYCLE MOVEMENTS PEfi MOURr BY EXCEEDING THIS AMOUNT ON FIVE OR MORE SEPARATE OCCASIONS WITHIN A CONTINUOUS THREE-HQNTH PERIOD. ME, OR MIS SUCCESSORS IN TITLE+ WELL BE CONSIDERED IN VIOLATION OF 7WE TERMS OF THIS INSTRUMENT AND SUBJECT TO APPROPRIATE PROCEEDINGS AT LAW OR IN EQUITY FOR ITS ENFORCEtfE.NT „ ' SAID (3RAN'TOR DOES HEREBY RETAIN AND RESERVE TO SAID GRANTOR AND TO HISr HER OR THEIR HEIkSr SUCCESS0R$ AND ASSIGNS ALL RIGHTS TO MINERALS. IN OR ON THE ABOVE DESCRIBED REAL PROPERTY. SAID GRANTOR ANDlEBt HISr HER OR THEIR HEIRS, SUCCESSORS AND A55YGN$ SHALL HAVE i~0 Rlta'F1T TO ENTER OR USE THE SURFACE OF SAID REAL PROFERT7 FOR AN'{ PLIRPO$E CONCERNING SKID MINERAL RIGHTS. NOR SHALL SAID GRANTOR AND/OR HISr )~ QR THEIR HEIRSa SUCGES$GRS AND ASSIGNS IN EXTRACTING SAID MINERAt.3 FRAM SAID REAL PROPERTY. DAMAGE OR IN ANY WAY IMPAIR tHE USE OF SA3D REAL PROPERTY. T1rt++(iJ..,~.....~.~~~~ li.,_5~~~~~.~C~.'1,--.._ - -.. _. .. .retoina....._ti.._.....tiennpnw aita rentwi4ln of t-a pnr~iaea dwac»i3ad iw aw'd awct~a to aacwe tlea priwripn! awn unpoid, u~itA ull interest nn ' ~ea sw1k4 d ~#a+d; .erra~rdr to tAa tansy nwd rnwditiawa aJ said awreRear. Stpa6 this..-.,d'_.''~.',.day o(...4.;~~.s~µlta ............... 19s~~.. IA Prsansra tl# _- t ~.