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t <br />~: <br />LC#~db0-o~l~ <br />DISPLAY # 3 BY ~ ~ ~ MEMORANDUM OF AGREEMENT <br />•AN DATE ~ ` ~ `~ ` 0~ <br />c~a~o-o~~~ ov <br />THIS MEMORANDUM OF AGREEMENT (Memorandum) is made effective this <br />/ p ~ `' day of ~I G r~ /~ , 2003, and is made part of that certain LIMITED <br />TERM RIGHT-OF-WAY EASEMENT. which was made and entered into as of the <br />lU~ ^ day of M ~ rr n .2003 by JOADY BOULWARE PERRETT, TRUSTEE <br />AND DOROTHY ROEMPICE COMBS, TRUSTEE AND SUCCESSOR TRUSTEE <br />UNDER THE IRREVOCABLE TRUST AGREEMENT DATED MARCH 28, 1978, <br />whose address is 700 Old Orchard Drive, Hendersonville, North Cazolina 28739, <br />hereinafter referred to as "Grantor", and SENECA COAL COMPANY, a Delawaze <br />corporation, whose address is Drawer D, Hayden. CO 81639, hereinafter referred to as <br />"Grantee". <br />On the / 5~ day of ~~,,~,idPa-, 200 Limited Term Right-of-Way Easement <br />Agreement executed by the below signed parties became effective granting an Easement <br />restricted to the Grantee's use of the Easement for its mining activities including the right <br />to construct, reconstruct, use, repair, maintain and reclaim roadways for the <br />transportation of coal, mining equipment, environmental studies, surveying activities. <br />reclamation activities, environmental monitoring activities, grading, re-grading, top soil <br />replacement and all related mining activities with such persons, machinery, equipment. <br />appliances and supplies necessary to further such mining purposes or activities. Prior to <br />• the end of the term of this Easement, the roads constructed shall be reclaimed in <br />accordance with the permits, rules or regulations promulgated by the Colorado Division <br />of Minerals and Geology. <br />SECTION I. GRANT. Grantor hereby wants and conveys to Grantee. its <br />successors and assigns. a limited term easement 200 feet wide with a legal description to <br />be supplied in accordance with Section 1 of [he Limited Term Right-of--Way Easetrlent <br />Agreement in, upon and across part of the following real property lands (the '`Property') <br />located in Routt County, Colorado: <br />TOWNSHIP 5 NORTH, RANGE 88 WEST, 6TH P.M. <br />Section 27: S'hS'/2 <br />(the "Easement") <br />The Easement shall be limited to the 200 foot width of real property within the Property. <br />to be described in accordance with Section 1 of the Limited Term Right-of--Way <br />Easement Agreement. <br /> <br />This Memorandum is subject to all terms and conditions of the full Limited Term Right- <br />of-Way Easement Agreement. <br />I (IIII Iilil NNII illlil III I IIII VIII III VIII IIII IIII 578 04 09: 13t <br />Kay Weinl and Routt County, CO MOD RGREQt 21.00 D 0.00 <br />