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<br />DISPLAY #-/-BY Kay Wainland Roult County, CO EASEMENT R 216.00 D 0,00
<br />SCAN DATE ___ EASEMENT AGREEMENT
<br />THIS EASEMENT AGREEMENT (the "Agreement"), dated effective the 20`1-1- .day of
<br />2004, Is by and between TWENTYMILE COAL COMPANY, a Delaware
<br />corporat 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 15U' Street, Suite 700,
<br />Denver, Colorado 80202-4256 (hereinafter referred to as "Grantee").
<br />WITNESSETH:
<br />THAT, Grantor, for and in consideration of One Hundred Ninety -Five Thousand Seven
<br />Hundred Twenty -Five Dollars ($195,725.00) to be paid Grantor, and for other good and
<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 />-e; and their agents and employees, to enter at all reasonable times, upon andihrough 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 useful *in
<br />connection therewith (the "Facilities'), 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 />1. Grantee, and Its licensees and. contractors, 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 "6" 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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