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III III I IIIIIIIII III FIJI, Ih-ill Fble 27, 28, 29, 30, 31, 32, 35
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<br />MEMORANDUM OF SURFACE USE AGREEMENT
<br />THIS AGREEMENT entered into this,78 day of ~, 1996 ("Effective
<br />Date") by and between Halbert Tuttle, ("OWNER")with an address of 425 River View Avenue, Craig,
<br />Colorado 81625 and COTTONWOOD LAND COMPANY, a Delaware corporation ("CLC"), with an
<br />office at 1475 Pine Grove Road, Suite 207, Steamboat Springs, Colorado 80487, its successors and
<br />assigns, whereby in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
<br />consideration, the receipt of which OWNER hereby acknowledges, and in further consideration of the
<br />mutual covenants set 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
<br />monitoring and other activities associated with obtaining a coal mining permit, on, under and across the
<br />following described lands located in the State of Colorado ("Property"):
<br />Routt Counri
<br />Townshin 5 North. Ran~89 West. 6th P M
<br />Section 5: Lots 5, 7 through 18
<br />Section 6: Lots 1, 2, 4, 6, 7, S/2 NE/4, E/2 SW/4, SE/4
<br />Section 7: Lots 1, 2, 3, 4, E/2, E/2 NW/4, NE/4 SW/4
<br />Section 8: Lots 1 through 17
<br />Section 17: E/2, N/2 NW/4, SE/4 NW/4
<br />Section 18: Lots 1, 3, 4, NE/4, N/2 SE/4, E/2 W/2
<br />Section 19: Lots 1, 2, 3, 4, E/2 W/2
<br />Tract 43 (located in Section 5 and 8)
<br />Townshio 6 North. Ranee 89 West. 6th P.M.
<br />Section 28: Lots 5, 12, 13, part of Lot 14
<br />Section 29: Lots I through 10, 14, 15, 16
<br />Section 32: Lot 3
<br />Section 33: Lots 4, 5, part of Lot 3
<br />Moffat Counri
<br />Townshin 5 North. Ranee 90 West. 6th P M
<br />Section l: Lots 5, 12, 13
<br />Section 12: Lots 6 through 11, 14, 16
<br />Section 13: Lots 1, 2, 3, 5 through 12, 14, 1 S, 16
<br />Section 24: Lots 1, 2, 3, 4, 8, 9, 16
<br />IV
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<br />Containing 5,366.89 acres, more or less
<br />l . This Surface Use Agreement shall be for a one (I) 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 paying to OWNER on or before the expiration of
<br />[he Primary Term, and thereafter on each anniversary date of this Agreement, an annual rental for such
<br />extension.
<br />
<br />463552 B-721
<br />P-229 06/03/96
<br />02:O1P
<br />Clerk
<br />PG
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<br />1 OF 2
<br />Recorder REC
<br />11 00
<br />Kay Weinland Routt County
<br />DOC
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