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<br />MINING LEASE <br />Lease made this 20th day of April, 1999, between the Board of County <br />Commissioners for Fremont County, Fremont County Courthouse, 615 Macon Ave., <br />Canon City, CO, herein referred to as Lessee and Gary Graley, 7146 Refuge Road, <br />Pottsboro, Texas 75076, herein referred to as Lessor. <br />For good and valuable consideration, Lessor lets exclusively to Lessee the <br />following described land: <br />One parcel of land located in the SW 1/4 SW 1/4 Section 5, <br />T48 North, Range 10 East, NMPM, totaling .9 acres. <br />From a Point of Beginning, that being Station Marker # 13 from the <br />Howard Creek Pit Affected Land survey located along the common <br />boundary of Graley-Canterbury property line, the boundary between <br />Sections 5 & 6 at a point 585 feet south of the common north boundary <br />point located by survey pin along County Road 4, the NE comer of <br />Canterbury property and NW comer of Graley property,marked with a <br />metal fence post and rail road tie, <br />North 28 East 350 feet along channel of Spring Creek to Station Marker <br />#14,thence <br />North 47 West 223 feet to Station Marker # 15, thence <br />South 0 West 460 feet along the section line and common boundary of <br />Sections 5 & 6, back to Section Marker # 13, circumscribing an area of <br />39204 square feet or 0.9 acres. <br />All Station Marker set by tape measure and Brunton Compass. <br />This lease is written expressly to supplement the removal of limestone waste rock <br />from the adjacent Canterbury property by Lessee for the purpose of crushing, screening, <br />and removal of stockpiled rock located on the premises, for use as gravel by Lessee for <br />County road work. Lessee shall be required to remove all gravel and waste rock <br />materials left remaining on Graley property afrer mining of Canterbury land adjacent to <br />and west of Graley property to include unstable limestone waste piles not situated in the <br />drainage channel of Spring Creek. Lessee shall be required to ingress and egress the <br />Graley property from the Canterbury Ranch property workings. Lessee shall be entitled <br />to bring onto the property a front end loader and other equipment for use in its mining <br />activity. <br />Lessee shall pay to Lessor a royalty of $0.50 per ton mined ($0.75 per cubic <br />yard) for all minerals extracted from the premises during the term of this lease. Payments <br />