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/~ EASEMENT FOR ENVIRONMCNTAL STUDIES <br />1 <br />• 6y this Easement, made as of L/C4c5T 3/ , 19B 1 HAROLD and <br />MYRTLE RHODES ("Grantor ), with address at P.Q. Box-6Z1, n <br />Colorado 81639 ,for the good and valuable consideration set orth be- <br />low, hereby grants unto PFAnODY COAL COMPANY t"Grantr•t•"), <br />- a Delaware corporation with address at 1300 So. Yale, <br />Fl aastaff, Arizona 86001 ,its successors and assigns, an easement of per- <br />petual duration on, under and avoss the property described in Exhibit A, attached hereto <br />and incorporated herein by this reference, ("Property') for the purpose of locating, con- <br />structing, installing, maintaining and using the following environmental research facili- <br />ties: r,round water monitoring well with visits on a monthly basis <br />and rights o egress and ingress thereto. <br />1. Payment. Grantee shall pay to Grantor a onetime payment of S 600.00 <br />receipt of which Is hereby acknowledged by Grantor, and Grantee shall further pay to <br />Grantor an annual rental of S 300.00 on each anniversary date of this <br />Easement until terminated or a an ne y rantee; provided, however, that upon the <br />third anniversary date of [his Easement and at three year intervals thereafter, the annual <br />rental amount shall be increased or decreased proportionately in accordance with the pro- <br />- _ Iwrtionate change during the same period in the Consumer Price Index for all Urban Con- <br />- ~ ~- sumers (1967) (CPI-U), published by the United States Department of Labor, Bureau of <br />- - Labor Statistics. <br />_ ~ ~ ~ _ _ 2. Indemnlty. Damages. Grantee shall Indemnl(y, defend and hold harmless Grantor <br />-- -. _ ~ - __ ~ from any and all actions, causes of action, claims, damages or expenses, o! any kind or <br />--- ~_ ~ -- c ~ nature, whatsoever, arising out of any of the operations of Grantee on the Property, ex- <br />-- - - ~_ '- - ' ~ cept for those caused by the sole negligence of Grantor. Grantee shall repair or replace <br />- - all fences, gates, cattle guards and other Improvements of Grantor damaged by Grantee's <br />. _ ~ ~ activities hereunder and shall compensate Grantor for any livestock injured as a conse- <br />quence of Grantee's activities hereunder. <br />• ~ 3. Termination. Upon completion of Its use ar upon abandonment of the Easement, <br />Grantee shall remove from the Property all equipment, facilities and other property <br />placed or maintained thereon by Grantee and Grantee, upon Grantor's request, shall pro- <br />. vide a release and termination of its rights and interes[s hereunder. <br />Executed and delivered as of the date and year first set forth above. <br />D RHODES ~ YRTLE RHODES , <br />STATE OF Co~i'~+ /-~ o ) <br />n S5. <br />COUNTY OF Cc~ ) <br />The foregoing Inserument was acknowledged before me by /~A~~O >~ /Ar'QT~t'~ <br />~ coCS <br />this 3/ dayo 'u osr B <br />Witness my hand and official seal. <br />~~ <br />. ~ ~ ~ (SEAL) Notary Public <br />Address: ~O. t3 a,¢ /Z' <br />~~n<.J ~ . .~/C-3 ry <br />My commission expires: /~.r . ?~' /~~/ <br />