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.. ~ BOONsSHPA ~.R~ 26 0 - vBo . ~,; ~ ~~T '~ ' 1990 ~ ~ W~ °"._~~3a ,~ Recorded at 3'C'~ U'tloCN _ M d~2~ ~ . ~~T 4 Reception No. Nim Bonner, Recorder Routt Caunry, CO ~ ~+~ 3954:8 EASEMENT t ~ 1 - This Easement is made as of the ~~ day of U U i T 1990, by and between Elizabeth Tieken, c/o Babson Farms, 35 East Wacker Drive, Suite 2332, Chicago, Illinois 60601 ("Grantor") and Peabody Coal Company, 1300 South Yale, Flagstaff, Arizona 86001, a Delaware corporation ("Grantee"). Grantor, in consideration of the sum of ten dollars and other consideration paid to her by Grantee, the receipt and sufficiency of which is acknowledged, has granted and by these presents does grant and convey to the Grantee, its successors and assigns, an exclusive easement for constructing, operating, maintaining and using a roadway for the movement of persons, vehicles, and property of all kinds and character on, over and across the roadway, including the right and privilege of constructing and laying fill to support the roadway and to slope and grade such portions of the land necessary for the construction of the roadway and to perform appropriate reclamation and maintenance thereof, over, across and through those portions of the NE}SE}, SE}NE} of Section 9, Township 5 North, Range 88 West of the 6th P.M., Routt County, state of Colorado, being one hundred (100') feet on either side of the centerline de- scribed as "Proposed North Baulroad" as shown on Exhibit A attached to this Easement. The parties agree that Grantee will construct a haulroad on the easement and, within ninety (90) days of the completion of the haulroad, Grantee will survey the centerline of the road and provide a certified description of the centerline to Grantee. Such description shall be added to and become a part of this Easement. The easement granted by this instrument is appurtenant to those lands within the Seneca II-W Mine Permit Boundary as shown on Exbibit n to this Easement ("the Mine Area"), and is to be used in connection with the construction and operation of a coal mine which Grantee intends to construct upon the Mine Area and associated lands. Grantor expressly agrees that this easement also may be used by any per- sons, firms, corporations or other entities for the above described purposes which have been granted the right by the Grantee, its successors or assigns, to access the coal mine which the Grantee intends to construct upon the Mine Area.