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_ ._ Mountain Coal Company Weat Eik Mina Pant Offiaa amc 591 somarset, ca«~aao eia3a Takphaia 970 9z9-sot s Fax 970 929.5596 September 18, 1995 Mr. 8c Mrs. Larry Mautz 1938 Ntghway 133 Paottia, CO 81428 ~ ; r= ~.~~ ~~ ~~I~ , q-zo-9~ U Re: Clarification of the Lone Pine Gulch Road Use Agreements Dear Larry and Elaine: III ~II~I~~II~~II~II Mountain Coal Company (MCC) would like to clarify the agreements regarding your use of the Lone Pine Gulch Road located on MCC property. The first agreement dated June 23, 1993, grants anon-exclusive easement to access vour ~operty over the Lone Pine Gulch Road on MCC property (per item 4) and (per item Sa) to protect MCC's land and limit trespass (except to MCC, our assigns, agents and lessees per item Sb). This easement still exists and is valid. The second agreement dated May 13, 1994, includes a 20-year leasehold interest and surface easement of each other's lands, but the use of the Lone Pine Gulch Road is specifically granted as a peroetual and non-exclusive right that basically reiterates your right to use the road on MCC's property and does not supersede the first agreement. The second agreement also states that you and MCC will mutually maintain the road, and that neither party will allow the road to become blocked or otherwise made impassable. I'm sure that you will agree that this past spring offered many challenges to us in trying to keep the road to MCC's facilities open for our and your access, but MCC was successful and did comply with the provisions of our agreement. The road is probably now in the best condition it's ever been. Although not included in the road segment covered by these agreements, MCC graded and completed repairs of the "upper road" (further up on your property, through the meadow and to your cabin) more than once this summer, including the installation of four culverts that you'd provided. The road damage that we repaired was not caused by subsidence (that we aze required to and have repaired), but was from improper drainage and/or poor construction. As time allows, MCC would be glad to offer further occasional maintenance of the upper road when equipment is in the area to maintain the lower portion of the Lone Pine Gulch Road per the agreement, but please understand that this maintenance is offered as a "good neighbor' gesture and should not be routinely expected.