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>~ Ikill Holes 17, 21, 22, 35, 37
<br />B•IEbIORANDUM OF SURFACE USE AGREEIVIENT
<br />THIS AGREEMENT entered into thisL(o(kday of Mav 1996 ("Effective Date") by and
<br />between ~Yilton Earle and Sons, a partnership ("OWNER") with an address of 97751 Highway 40,
<br />Craig, CO 81625 and COTTONWOOD LAND COMPANY, a Delawaze corporation ("CLC"), with
<br />an office at 147 Pine Grove Road, Suite 207, Steamboat Springs, Colorado 80487, its successors and
<br />assigns, whereby in consideration of the sum of Ten Dollazs ($10.00) and other good and valuable
<br />consideration, the receipt of which OWNER hereby acknowledges, aad in further consideration of the
<br />mutual covenants se[ forth below, OWNER hereby grants unto CLC the right to enter, conduct certain
<br />operations for the purpose of exploring for coal and other minerals, and conduct environmental monitoring
<br />and other activities associated with obtaining a coal muting permit, on, under and across the following
<br />described lands located in dte Counties of Routt and Moffat, State of Colorado ("Property"):
<br />Toss~nshio 6 North. Range 39 West. 6th P.iVf..Routt County
<br />Section ]9: Lots ~-7, 10-1~, 13-20
<br />Section 25: Lots 3, 4, 5, 6, 11, 12, 13, la
<br />Section 26: Lots 7-16
<br />Section 27: Lots 9, 10
<br />Section 29: Lot 13
<br />Section 30: Lots ~, 6, 12
<br />Section 31: Lots i, 6; 11, SW74NE/4, Ni'_SW/4, SE/45W/4, NVV/4SE/4
<br />Section 32: Lot 1
<br />Section S4: That par, of Lots 1, 2, 7, 8 and 9 described as the A. H. Blake Reservoir
<br />Section 35: Lots 1-1?
<br />Section 36: All
<br />To«nshio ~ Norh. Ranee 89 West. 6th P.~i.. Routt County
<br />Section 6: Lots 3, ~, SE/4NtiV/4
<br />5G AL- 02.
<br />To~~nshio 6 Noah. Ranee 90 Rest. 6th P.M.. Moffat County
<br />Section 36: All
<br />...
<br />^r.
<br />S
<br />a
<br />To~~ttshio ~ North. Rance 90 West. 6th P.irt. MoC-iat County
<br />Section 1: Lot ~
<br />containing 3,833.91 acres, more or less
<br />1. This Surface Use Agreement shall be for a three (3) year term commencing from the effective date
<br />hereof ("Primary Term'), with CLC having the option to extend the Primary Term of this Surface Use
<br />Agreement on a year-to-year basis thereafter, by CLC paving to OWNER on or before the expiration of the
<br />Primary Term, and thereafter on each anniversary date of this Agreement, an annual rental for such
<br />extension.
<br />2. •All of the rights, duties, beneEts, terms and covenants contained in this Agreement will run with the ~,
<br />land and shalt accrue to and be binding upon the successors and assigns of the Parties for the term of this
<br />Agreement and any extension of such term.
<br />463131 B-720 P-934 05/23/96 01:36P PG 1 OF 3 REC DOC
<br />Kay Weinland Routt County Clerk & Recorder 16.00
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