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<br /> <br />SURFACE EASEMENT <br />KNOW ALL MEN BY THESE PRESENTS: <br />That PIONEER PARTNERS, a Colorado General Partnership, <br />and HEATHER F. MARTINEZ, MARGARET K. GIANINETTI, SYLVIA E. NORELL, <br />and MARY ANN JENSEN, hereinafter collectively referred to as <br />Grantor, for and in consideration of the sum of Ten and 00/100 <br />Dollars ($10.00) and other valuable consideration, the receipt of <br />Ten and 00/100 Dollars ($10.00) of which is hereby acknowledged, <br />does hereby grant, convey and warrant unto ENRON COAL COMPANY, <br />hereinafter referred to as Grantee, and to its successors and <br />assigns, the following easements on the following parcels of <br />property: <br />• (a) An <br />those lands, comps <br />the Surface Lease <br />legal description <br />the office of the <br />easement, until October 31, 1987, to enter upon <br />rising approximately 2,652.69 acres, described in <br />dated July 1, 1978, as amended July 1, 1980, a <br />of which is recorded at Book 404, page 135 in <br />County Clerk and Recorder of Rio Blanco County, <br />Colorado, for the purpose of performing any and all acts necessary <br />to carry out the reclamation of the subject property pursuant to <br />the proposed reclamation plan or any amendment thereof filed with <br />the Colorado Mine Land Reclamation Division; <br />(b) An exclusive easement for a term of ten (10) <br />years from the date of this easement, or until Colorado Mine Land <br />Reclamation Division grants to ECC a complete release from any and <br />all reclamation obligations, including any reclamation bonds <br />• <br />8-a3 n ~~~~BY <br />