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<br />- 2 - <br />LaPlata County Commissioners January 18, 1977 <br />in title, but at the time of concern to our client title did <br />appear to be held as to the Ismay-Durango Unit as follows: <br />Coal and other <br />minerals: Ray Ismay, one-half; <br />Durango West, Ltd., <br />a Limited Partnership, one-half <br />Surface: Durango West, Ltd., except that <br />approximately 50 or 60 acres was <br />owned by the Department of Highways, <br />and the surface wa:- subject to certain <br />easements. <br />The time of concern to our client is the time that our prede- <br />cessor in title, Calder & Company, obtained its interest in <br />the property described above. Calder & Company acquired its <br />interest by two documents, each captioned Exploration Permit <br />and Mining Lease, one of which is dated October 5, 1974 be- <br />tween Durango West, Ltd. and Calder & Company recorded at <br />No. 389150; the second of which is dated October 16, 1974 <br />between Ray Ismay and Hallie Ismay and Calder & Company re- <br />corded at No. 391328, each reference being to the records of <br />LaPlata County, Colorado. Arness-P1cGriffin Coal Company has <br />obtained the rights to mine coal and other minerals and to make <br />certain use of the surface under such agreement from Calder & <br />Company. <br />At the time of concern to our client, title did appear to be <br />held as to the Dudley Unit as follows: <br />Coal: Josephine Pulliam Dudley, all <br />Minerals other <br />than coal: NW;NE; <br />Turner Securities, one-half; <br />Wade Hyde, Jr. and <br />Ethel S. Hyde, one-half <br />NE aN~^1 a <br />Josephine Pulliam Dudley, all <br />(subject to oil and gas lease <br />dated May 14, 1969, which <br />excludes coal, which is recorded <br />as No. 357832 of the records of <br />LaPlata County, Colorado) <br />