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<br />RIGHT-OF-WAY EASEMENT AGREEMENT
<br />(Routt County, Hayden, Colorado)
<br />•
<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 Fsargy, 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 />April15,t992, 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 />61639, BABSON FARMS, INC., an INinois 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 76672,
<br />THE BOARD OF TRUSTEES, HAYbEN PUBLIC LIBRARY, with an address of P.O. Box 1813, Hayden,
<br />GO 81639-i 813, FRANKIE T. HUDSON, TRUSTEE OF THE FRANKIE T, HUDSON TRUST AGREEMEIVT
<br />DATED AUGUST 13, 1997, with an address of P.O. Box 3421, Bonita Springs, FL 34133, and GEORGE 7'.
<br />FR-EDERICH, TRUSTEE OF THE FRiEDERtCH FAMILY TRUST DATED MAY i0, 1988-SUBTRUST B,
<br />with an address of 1267 Bernardo Ridge Place, Escondido, GA 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, wfth an address of 550
<br />15~' Street, Suite 1000, Denver, Colorado BD202-4205, 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 BOULWAFiE
<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 DAfSY 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 81 639-1 81 3, 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. FRIEQERICH, TRUSTEE OF THE FRIEDERICH FAMILY TRUST
<br />DATED MAY 10,1988•SUBTRUST B, with an address of 1267 Bemardo Ridge Place, Escondido, CA
<br />92029, (hereinafter individually refered to as "Grantee," grid collectively referred to as "Grantees').
<br />WITNESSE7H
<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 to granttoGrantees anon-exclusive reciprocal Right-of-Wayoverand acro=.s the
<br />Grantors' property in order to allow Grantees, their employees, licensees, agents, contractors, subcontra~rtors,
<br />invitees and other persons, ingress and egress to and from property owned or controlled by Grantees, said
<br />Right-of-W ay being described as an existing roadway known as the Seneca Coal Company's II-W Mine Haul
<br />Road, measuring one hundred twenty-five feet (125') in width, being sixty-two ahd 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") shall 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 surveyto 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-
<br />~~IIII I~III III~lI IIIIII MII III~I~) II~II ~II II~II IlII III 54 $ ®~6g:lar
<br />Kay Weinland Roult county, co EFSEI'lEN7 R 13!.00 D 0.00
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