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WATERLINE ~GH EASEMENT 1.): ['~;")"~ -. ,,, .,. ,,
THIS AGREEMENT made and entered into on this ¢~ day o¢ g-~f~"~;"~:~:b'l'"
by'.and.;
between THE PITTSB~G & MIDWAY COAL M~G CO., a Missouri corporation with its
principal place of business.at 6400 South Fiddler's Green Circle, Suite 1500, Euglewood, Colorado
80111-4991, hereinafter refe~ed to as "Grantor" aud THE OAKLEY SERVICE &
IMPROVEMENT DISTRICT organized and existing under and by virtue of the laws o f ~l~e State o f
Wyoming, its successors, and assi~s, hereinafter refe~ed to as "Grantee"
Grantor, tbr good and valuable consideration, the receiPt of which is hereby acknowledged
and in fro-,her consideration of th.ese covenants and agreement of Grantee herein contained by these
presents, insofar as it has the right to do so, grants to Grantee, on lands located in Lincoln County,
Wyoming, a uon-exclusive easement approximately 20' Wide for a water line iystem (the Water
Line Easement") plus an additional non-exclusive temporary easement for construction of ll~e water
line system (the "Construction Easement") both as described in the legal description and shown on
the map in Exhibit A consisting of five pages (collectively the "Easements"). Grantee shall have the
right to enter upon the Easements and to construct, reconstruct, operate, and maintain a water line
system on them, to cut and trim trees and shrubbery that may interfere with 0r threaten to endanger
the operation and maintenance of the line or system and to license, permit, or otherwise agree to the
joint use or occupancy of the line or system by any other person, firm, or corporation 'for water
purposes.
The Grantee agrees to pay to the Grantor the actual damages to Grantor's real property,
including damage to growing crops, arising out of initial construction of the lines; and to pay
thereafter actual damages to growing crops occasioned by operation and maintenance of the lines.
The consideration for the grant of these Easements shall be Five Hundred Dollars ($500.00).
The Grantee agrees that all equipment installed on the Water Line Easement at the Grantee's
expense shall remain the prdperty of the Grantee, removable either at the option of the Grmatee or
upon termination of tiffs fight-of-way.
The Grantor reserves fhe right to occupy, explore, mine and cultivate the lands for all
pm-poses, except that Grantor will not erect, construct or Pemfit to be erected or constructed any
building or other structure, plant any trees, drill any well, or alter ground level by cut or fill, within
the limits of the Water Line Easement without the express written permission of Grantee. Grantor
also reserves the right to require Grantee to move its facilities at any time, and any nmnber of times
at Grantor's exPense when such facilities in Grantor's sole discretion are deemed to interfere with
Grant9r's present or future exploration and mining activities, mining plans, or future mining plans.
Orantee shall indenmify and save harmless Grantor fi'om and against any and all claims,
demands, suits, or causes of action of every kind and nature to persons and property occun'ing on or
about the above described lands arising from Grantee's activities thereon.
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Grantee shall hold Grantor harmless and hereby releases and discharges Grantor of and from
all liability for direct or consequential damage or injury of any kind for damages to Grantee's
facilities located on, over, or under the above-described lands arising from Grantor's operations.
Grantee shall have and hold the Water Line Easement so long as Grantee, its successors or
assigns, shall continue to use it for tl/e purposes herein specified with no cessation of use longer
· than six (6) consecutive calendar months. Grantee may at any time, and upon termination of the
Water Line Easement shall, execute a reconveyance and release liereof. Within six. (0) months after
termination of the Water Line Easement, Grantee shall remove its water lines and associated
facilities and restore the surface of the lands as near as practicable to its original condition. The
Construction Easement shall automatically terminate eighteen (18) months after the date of this
grant. Further, the Water Line Easement shall terminate automatically if actual construction of the
water line is not con-nnenced within 18 months al[er the date hereof.
The Easements are subject to all valid and applicable laws, rules, regnlations and orders of
federal, states, and other governmental bodies or agencies having jurisdiction of the premises.
The Easements are conveyed by Grantor and accepted by Grantee without covenants or
warranty of title, expressed or implied. Grantee shall have no claim for damages or refimd against
the Grantor for any claimed failure or deficiency of Grantor's title to the lands' or for the interference
by any third party.
These Easements are binding upon the successors and assigns of the parties hereto.
IN WITNESS WttEREOF this easement is executed as of the date first written above.
GRANTOR
THE PITTSBURG & MIDWAY COAL MINING CO.
By: ]~,,/~ ~ ,-9dl} ~':
GRANTEE
THE OAKLEY SERVICE & IMPROVEMENT DISTRICT
! t '
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ACKNOWLEDGEMENTS
STATE OF COLORADO )
) SS.
I, _A.~Met~.' ~, O. fir'll/~;.;Cu ,a nota, public in for said county in said state.
hereby celtify~ that ~~¢?.),~q~ , whose name
~__~ ~: . . _- ~The P~ttsburg & M~dway Coal Minin~ Co
corpora[ion, is signed to the lbr.~n~ instrument ~-~ ,~,~-~ ;-, ..........
me on this day t~at, being info~ ~f the con[~'t~ t~;~t~}~,t~in~ ~o~dged
..... / , , omcer and witl~ .
fidl authority, e~uted~sam¢ ~olunt~y for ~d as the act of said corporatioh. Given unde~ m
hand this ~qt~.~W*~{~~~ 200, '~ ' y
..... -/' .,?...'
My core'ion expires: - ' / '~DC) ~
, ~.~ ,,
. .':1: ',,
,,., : [~ >'~,,~'
STATE OF .~:~_~~, )
COUNTY OF ~ ~ )
I
~~-~~.~,}~)~igned to the foregoing instrument; and who is know .
/ . - . 1] tO me
acknowledged before me on th~s day that, being info,ed of the contents of this instrument,
~, as Such M 1~ and with full authority, executed the same volu~rity for and
a~ th~ ~t ~o~ sJldF co¢oration.Given under my hand this X'~' "~ day of
Notary Public t ~ ~~-8~ea,~,:,]
Prepared by:
David M. Amolds, Esq.
P. O. Box 6518
Englewood, Colorado 80155-6518
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