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<br />DISPLAY # ~ BY 6
<br />S~DATE ~ - 1 ~ - ~ ~l LIMITED TERM RIGHT-OF-WAY EASEMENT
<br />0 oZ6v -O~s . - ~O
<br />THIS LIMITED TERM RIGHT-OF-WAY EASEMENT (the "Agr~,ement"),
<br />is made and entered into as of this ~ 5 ~ day of (~~.~o h~ i , 20(13~Ky
<br />JOADY BOULWARE PERRETT, TRUSTEE AND DOROTHY ROEMPKE
<br />COMBS, TRUSTEE AND. SUCCESSOR TRUSTEE UNDER THE
<br />IRREVOCABLE TRUST AGREEMENT DATED MARCH 28, 1978, whose address
<br />is 700 Old Orchard Drive, Hendersonville, North Carolina 28739, hereinafter referred to
<br />as "Grantor", and SENECA COAL COMPANY, a Delaware corporation, whose address
<br />is Drawer D, Hayden, CO 81639, hereinafter referred to as "Grantee".
<br />WITNESSETH:
<br />WHEREAS, Grantor is the record owner of fee title to certain real property
<br />referenced and described herein (the "Property"); and
<br />WHEREAS, Grantee seeks a limited term non-exclusive easement over, upon
<br />and across said Property of Grantor for transportation purposes in connection with its
<br />mining activities.
<br />NOW, THEREFORE, for consideration of the payments and other consideration
<br />• set forth herein, the receipt and sufficiency of which is hereby acknowledged, Grantor
<br />conveys to Grantee as follows;
<br />SECTION 1. GRANT. Grantor hereby grants and conveys to Grantee, its
<br />successors and assigns, a limited term easement in, upon and across a portion of the
<br />Property located in Routt County, Colorado:
<br />See Exhibit "A" attached hereto and made a part hereof (the "Easement").
<br />The use of this Easement shall be restricted to the Grantee's use of the Easement for its
<br />mining activities including the right to construct, reconstruct, use, repair, maintain and
<br />reclaim roadways for the transportation of coal, mining equipment, environmental
<br />studies, surveying activities, reclamation activities, environmental monitoring activities,
<br />grading, re-grading, top soil replacement and all related mining activities, excluding
<br />actual mining however, with such persons, machinery, equipment, appliances and
<br />supplies necessary to further such mining purposes or activities. Prior to the end of the
<br />term of this Agreement, the roads constructed shall be reclaimed in accordance with the
<br />permits, rules or regulations promulgated by the Colorado Division of Minerals and
<br />Geology.
<br />Within a reasonable time following execution of this Agreement, i.e., not longer
<br />• than six (6) months, Grantee will survey the centerline of the Easement in the location as
<br />shown on Exhibit A-1, and provide a certified description of the centerline to Grantor,
<br />
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