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07/10/95 WED 15:04 FAX 303 643 5181 CYPRUS A%LX LAW DEPT QI002 <br /> III RECEIVED <br /> 999 <br /> AUG 211995 <br /> SURFACLS USE AGREEMENT Division of Minerals$Geology <br /> THIS SURFACE USE AGREEMENT (the "Agreement" ) , dated effective the <br /> 7 day of July, 1995, ie by and between Beryl L. K1ciLz and <br /> elms I. Kleitz, Truste-ss u/a dated May 7, 1992, 'with an address at <br /> P.O. Box 1667, Truth or Consequences, New Mexico (hereinafter <br /> collectively referred to as "Surface Owner" , whether(h,-reinafter <br /> collectively referred t:) as "Surface Owner" , whether one or more) , <br /> and CYPRUS EXPIRE COR:?ORATION, ,a Delaware =.poratiu;:, with an <br /> address at 1303 County l::oad 107, P. O. Box 68, Craig, Colorado 81626 <br /> (hereinafter referred tc: as "Cyprus") . <br /> W I T N E S S E T 8: <br /> 1. Demise. Surface owner, for and in consideration of the <br /> fees, covenant;:+ and conditions hereinafter contained, and <br /> other good and valuahlw cnnsideration, the receipt and <br /> sufficiency of which are hereby acknowledged, does hereby <br /> grant unto Cyp.:us for the term and purposes and upon the <br /> conditions and provisions herein set forth, the right and <br /> privilege to eater upon, through, under, over and across <br /> thnpe certain lande (the eLande") located in the County of <br /> Moffat, State cf Colorado, the same being further described <br /> as follows : <br /> A tract or parcel of land located in Lot 17 of Section 7, and <br /> Lot 8 in Section 18, TOh+nehip 6 North, Range 91 Want of thc. <br /> 6th P.M. , Colorado and being more particularly described as <br /> follows: <br /> Seginninq at the Northeast corner of. said Lot 17f thane <br /> South 01019129" Bast 1320.43 feet along the sash boundary of <br /> ■aid Lot to the seubhoact cornea; thence south 1°29129" Seat <br /> along the east boundary of Lot 8 is section 18 a distance of <br /> 956.43 feet to tha cenherline of county Road No. 30; theuae 6 <br /> 550471S1" Nest 838.88 feet along said County Road; thence <br /> south E9"57.13" Nest 554.53 feet along the south boundary of <br /> said Lot 3; thence North 0011 ,07• West 2645. 62 feet to the <br /> North boundary of said Lot 3.7; thence North 89°55146" East <br /> 1300.24 feat to the point of beginning. <br /> 2. Term. The primary term of this Agreement shall be for <br /> a period c:f six (6) months and shall commence on the <br /> effective date hereof . cyp--u3 Shall be entitled to <br /> enter upon.., through, under, over and across the Lands <br /> on the effective date hereof . <br /> r.rf.wll,4 <br /> 1 <br />