Laserfiche WebLink
<br /> <br />BOOKtl` PAGE O8S6 <br />Grantee will engineer and construct the road to be built upon the easement <br />so as to make it a permanent structure. As part of such construction, Grantee <br />shall install culverts of number and size consistent with a permanent road. <br />Grantee will fence the northern boundary of the easement and Grantor <br />acknowledges that such fence will block all access to Grantee's lands lying to <br />the south of such fence. <br />Grantee shall indemnify and shall hold Grantor, her successors and assigns, <br />harmless from any claims, damages or costs (including, without limitation, <br />attorneys' fees) arising from or connected in any way with Grantee's use of, or <br />operations on the lands covered by the easement. <br />At the completion of the term of this easement and to the extent permitted <br />by federal and state reclamation requirements, Grantee will leave any road <br />constructed upon the easement in place and (i) if requested by Grantor, will <br />expeditiously remove any fences constructed on the easement lands; and (11) <br />shall blade back the useable finished road surface to a width of thirty (30') <br />feet. <br />TO HAVE AND TO HOLD this Easement to the Grantee, its successors and <br />assigns, so long as Grantee shall operate a coal mine on the lands within the <br />Mine Area (such operation shall include all required reclamation of the mine). <br />Grantee may assign the rights granted in this Easement, either in whole or in <br />part, to the owner or owners of all or any part of the Mine Area, subject to the <br />terms of this agreement, and such rights shall be covenants running with the <br />land burdened by them and be binding upon Grantor and her successors in title to <br />the burdened land. <br />IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement the day <br />and year first above written. <br />PEABODY COAL COMPANY <br />~//~ _~~ <br />p~ES~~~aT ~~tU Elizab th Tieken <br />- 2 - <br />