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• GTATL OF COLOrJ~.[fi ) <br />ss. STl•.TE!'.t:t:T <br />CITY b COUNTY OT' DENVER ) <br />Randy L. Parcel does hereby state as follows: <br />1. That he is attorney for Dorchester Coal Company, a <br />Texas corporation (hereinafter "Dorchester"). <br />2. That Dorchester was, until October 10, 1980, a <br />member of the Dorchester-ColoMine Joint Venture (hereinafter <br />the "Joint Venture•), a joint venture between Dorchester and <br />ColoMine Coal, Inc., a Colorado corporation (hereinafter <br />"ColoMine'). On October 10, 1980, Dorchester acquired all of <br />ColoMine's interest in the Joint Venture, and Dorchester is now <br />the sole owner of all interests formerly held by the Joint <br />Venture, including the rights described below in this Statement. <br />3. That on June 16, 1978, the Joint Venture entered <br />into an Option Agreement for Coal Mining Lease with respect to <br />the lands in Fremont County, Colorado described in Attachment 1 <br />hereto. <br />4. That the above-described Option Agreement was <br />revised by an Amendment dated October 5, 1978, to include, <br />• among other rights, the right to mine, remove and sell all coal <br />within the lands described in Attachment 1, except to strip <br />mining rights previously granted to Robert M. Hastings. <br />5. That, to the best of his information and belief, <br />the Joint Venture exercised said Option, as amended, and <br />entered into a Coal Mining Lease with the First National Bank <br />of Pueblo, Trustee, by virtue of Trust Agreements by and <br />between the First National Bank of Pueblo and Dominic Vento, <br />Joseph A. Vento, Cecilia DeFellippie and Irene Coulter, dated <br />September 3, 1968, March 28, 1962, September 29, 1968, <br />September 20, 1968, respectively (hereinafter collectively <br />described as the 'Lessors'). <br />6. That, to the best of his information and belief, <br />the Lessors own the surface and coal rights within the <br />properties and have full authority to lease or otherwise <br />dispose of same. <br />7. That, pursuant to the above-described Coal Pfining <br />Lease, Lessors have granted to Dorchester the right to use so <br />much of the surface of the above-described lands as is <br />reasonably necessary to mine coal therein and thereunder. <br />8. That, based upon the foregoing, in his opinion, <br />Dorchester has the legal right to enter and mine all <br />• underground coal within the properties described in Attachment <br />1 hereto. <br />'- l <br />22-A <br />