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LC #_Z0
<br />/t /�J / 605528
<br />LC# Of'/ 111111��III11111111111111119 Page: 1 of 43
<br />1111 08/.02/2004 01:40F
<br />DISPLAY #-/-' By Kay IJeinland Roult County, CO EASEMENT R 218.00 D 0.00
<br />SCAN DATE __ EASEMENT AGREEMENT
<br />THIS EASEMENT AGREEMENT (the "Agreement"), dated effective the 30 -Fl- day of
<br />2004, Is by and between TWENTYMILE COAL COMPANY, a Delaware
<br />corporal n, with an address at 29515 Routt County Road #27, Oak Creek, Colorado
<br />80467 (hereinafter called "Grantor"), and PUBLIC SERVICE COMPANY OF
<br />COLORADO, a Colorado corporation, with an address of 550 151h Street, Suite 700,
<br />Denver, Colorado 80202-4256 (hereinafter referred to as "Grantee").
<br />WITNESSETH:
<br />THAT, Grantor, for and in consideration of
<br />valuable consideration, receipt whereof is hereby acknowledged, hereby grants unto
<br />Grantee, its successors and assigns, the following easement:
<br />A non-exclusive perpetual (subject to the provisions of Section 10 of this Agreement)
<br />easement for the transmission, distribution, or both,- of electricity and for the
<br />transmission of communication signals directly associated with such electricity
<br />transmission and/or distribution or with Grantee's internal operations, on, over, under
<br />and across those certain tracts or parcels of land located in the County of Routt, State
<br />of Colorado, as further described in Exhibit "A" attached hereto and made apart hereof
<br />(the "Easement Lands").
<br />Together with the right and authority to Grantee, its licensees"and contractors, and Its
<br />and their agents and employees, to enter at all reasonable times, upon and -through the
<br />Easement Lands for the purpose of surveying, constructing, 'repairing,. • removing,
<br />replacing, reconstructing, patrolling, inspecting, Improving, enlarging, and maintaining
<br />electric transmission and distribution lines and communication facilities, both overhead
<br />and underground, including towers, poles and other supports of whatever materials;
<br />together with braces, guys, anchors, cross -arms, cables, conduits, wires, conductors,
<br />manholes, transformers and other fixtures, devices and appurtenances used or usefulln
<br />connection therewith (the "Facillties"), as Grantee may require; and all.other matters
<br />and things necessary, convenient or expedient in the construction of the Facilities, and
<br />for such other uses as may be required by law, all subject to the following terms,
<br />conditions, reservations, restrictions and agreements:
<br />Grantee, and its licensees and.•cointractors, and its and their agents and
<br />employees, are hereby given the right of ingress to and egress from the
<br />Easement Lands, Including the use of Grantor's trails and roads located upon.the
<br />lands described in Exhibit "B" attached hereto and made a part hereof, if any, by
<br />foot or vehicle for the sole purpose of exercising the rights granted hereunder.
<br />Except as may otherwise be provided for herein, Grantee may not under any
<br />circumstances construct or build any additional or pioneer roads on or across
<br />Grantor's lands unless otherwise agreed to in writing by Grantor,
<br />Grantee agrees- to periodically Inspect access roads required for ongoing
<br />inspection and maintenance of the Facilities, and Is permitted to maintain and
<br />grade such access trails and roads as Grantee determines are reasonably
<br />necessary to allow Grantee to conduct its activities as contemplated by this
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