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<br />~• RIGHT-OF-WAY EASEMENT AGREEMENT
<br />(Routt County, Hayden, Colorado)
<br />This RIGHT-OF-WAY EASEMENT AGREEMENT ("Agreement") is made effective this 11th day of
<br />October, 2002, by and between PUBLIC SERVICE COMPANY OF COLORADO (PSCO), a Colorado
<br />corporation d/b/a Xcel Energy, as the Operating Agent on behalf of PSCO et al, Participants as Tenants•In-
<br />Common under that certain Amended & Restated Hayden Plant Participation Agreement dated
<br />Apri115,1992, with an address of 550 15'" Street, Suite 1000, Denver, Colorado 80202-4205, SENECA
<br />COAL COMPANY, a Delaware corporation, with an address of 36600 Routt County Road 27, Hayden, CO
<br />81639, BABSON FARMS, INC., an Illinois corporation, with an address of 400 North Michigan Avenue, Suite
<br />1120, Chicago, IL 60611, DAISY T. EPPS, TRUSTEE OF THE DAISY T. EPPS REVOCABLE TRUST
<br />DATED NOVEMBER 12, 1997, with an address of c% Marsha Fisher 4409 Sherman, Marshall, TX 75672,
<br />THE BOARD OF TRUSTEES, HAYDEN PUBLIC LIBRARY, with an address of P.O. Box 1813, Hayden,
<br />CO 81639-1813, FRANKIE T. HUDSON, TRUSTEE OF THE FRANKIE T. HUDSON TRUST AGREEMENT
<br />DATED AUGUST 13, 1997, with an address of P.O. Box 3421, Bonita Springs, FL 34133, and GEORGE T.
<br />FRIEDERICH, TRUSTEE OF THE FRIEDERICH FAMILY TRUST DATED MAY 10, 1988-SUBTRUST B,
<br />with an address of 1267 Bernardo Ridge Place, Escondido, CA 92029, (hereinafter collectively referred to as
<br />"Grantors") and PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, d/b/a Xcel Energy,
<br />as the Operating Agent on behalf of PSCO et al, Participants as Tenants-In-Common under that certain
<br />Amended & Restated Hayden Plant Participation Agreement dated April15,1992, with an address of 550
<br />15"' Street, Suite 1000, Denver, Colorado 80202-4205, SENECA COAL COMPANY, a Delaware corporation,
<br />with an address of 36600 Routt County Road 27, Hayden, CO 81639, BABSON FARMS, INC., an Illinois
<br />corporation, with an address of 400 Michigan Avenue, Suite 1120, Chicago, IL 60611, JOADY BOUIWARE
<br />PERRETT, TRUSTEE AND DOROTHY STARK COMBS, TRUSTEE AND SUCCESSOR TRUSTEE
<br />UNDER THE IRREVOCABLE TRUST AGREEMENT DATED MARCH 28, 1978, with an address of 700 Old
<br />• Orchard Drive, Hendersonville, NC 28739-3930, DAISY T. EPPS, TRUSTEE OF THE DAISY T. EPPS
<br />REVOCABLE TRUST DATED NOVEMBER 12, 1997, with an address of c/o Marsha Fisher, 4409
<br />Sherman, Marshall, TX 75672, THE BOARD OF TRUSTEES, HAYDEN PUBLIC LIBRARY, with an address
<br />of P.O. Box 1813, Hayden, CO 81639-1813, FRANKIE T. HUDSON, TRUSTEE OF THE FRANKIE T.
<br />HUDSON TRUST AGREEMENT DATED AUGUST 13, 1997, with an address of P.O. Box 3421, Bonita
<br />Springs, FL 34133, and GEORGE T. FRIEDERICH, TRUSTEE OF THE FRIEDERICH FAMILY TRUST
<br />DATED MAY 10, 1988-SUBTRUST B, with an address of 1267 Bernardo Ridge Place, Escondido, CA
<br />92029, (hereinafter individually referred to as "Grantee," and collectively referred to as "Grantees").
<br />WITNESSETH
<br />WHEREAS, Grantors own the real property described in Exhibit A ("Grantors' Property") and Grantees own
<br />the real property described in Exhibit B ("Grantees' Property'), referred to collectively as the "Property'. The
<br />Exhibits reflect each Grantor's and Grantee's name at the top of each Exhibit.
<br />WHEREAS, Grantors desire togrant toGrantees anon-exclusive reciprocal Right-of-Way over and across the
<br />Grantors' Property in order to allow Grantees, their employees, licensees, agents, contractors, subcontractors,
<br />invitees and other persons, ingress and egress to and from property owned or controlled by Grantees, said
<br />Right-of-Way being described as an existing roadway known as the Seneca Coal Companys II-W Mine Haul
<br />Road, measuring one hundred twenty-five feet (125') in width, being sixty-two and one-half (62.50) feet on
<br />either side of the centerline thereof (the "Right-of-Way'), and as is presently constructed , as shown on Exhibit
<br />"B", attached hereto and incorporated herein by this reference. Within one year following execution of this
<br />Agreement, Seneca Coal Company ("Seneca") shalt obtain a survey of the centerline of said Right-of-Way and
<br />shall mail a copy of said survey to each Grantee and Grantor at the addresses listed above. Not less than
<br />twenty (20) days after mailing of said centerline survey to each Grantor and Grantee, Seneca shall record in
<br />the real property records for Routt County, Colorado a document referencing the recording reception number
<br />of this Agreement and attaching the surveyed legal description of the description of the centerline of the Right-
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<br />• f I III I VIII IIII IIIIII III II IIII I III III VIII IIII IIII 578 0469:13
<br />Kay Weinlantl Routt County, CO EASEMENT R 131.00 D 0.00
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