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MEMORANDUM OF SURFACE USE AGREEMENT
<br /> THIS AGREEMENT entered into this/S"day of .Tun-& 1996 ("Effective Date")
<br /> by and between GEORGE & LOTS KOSTIUK ("OWNER") with an address PO Box 538, Hayden,
<br /> Colorado 81639 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 monitoring
<br /> and other activities associated with obtaining a coal mining permit, on, under and across the following
<br /> described lands located in the County of Routt, State of Colorado ("Property"):
<br /> Township 5 North, Range 88 West, 6th P.M., Routt County, Colorado
<br /> Section 4: W/2SE/4
<br /> Beginning at the S/4 comer of Section 4, Twp. 5 North, Range 88 West of the 6th P.M.
<br /> thence in an easterly direction along the southern boundry of said section a distance of
<br /> seven hundred feet more or less, to the center of the county road as at the present
<br /> constructed, thence N. 18° 00' E. 240 feet, thence N. 11' 35' E 900 feet, thence N. 18'
<br /> 05' E. 300 feet, thence N. 22' 35' E 300 feet, thence N. 16' 33' E. a distance of 300 feet,
<br /> thence N. 7° 28' E. a distance of 700 feet, more or less to a point on the east and west
<br /> center line of Section 4 (the above traverse follows the county road as at present
<br /> constructed)thence in a westerly direction along said east and west center line a distance
<br /> of 1340 feet, more or less, to the center of the above section a distance of 2,654 feet, more
<br /> or less, to the point of beginning, in the west part of the SE/4 of Section 4, Twp. 5 North,
<br /> Range 88 West of the 6th P.M.
<br /> Except tract of land described in instrument recorded in Book 345, Page 511.
<br /> Containing 37 acres, more or less
<br /> 1 This Surface Use Agreement shall be for a two (2) year term commencing from the effective date
<br /> hereof("Primary Term'), by CLC paying to OWNER on or before the expiration of the Primary Term,
<br /> and thereafter on each anniversary date of this Agreement, an annual rental for such extension.
<br /> 2. All of the rights, duties, benefits, terms and covenants contained in this Agreement will run with the
<br /> land and shall accrue to and be binding upon the successors and assigns of the Parties for the term of this
<br /> vAgreement and any extension of such term.
<br /> a
<br /> IN WITNESS WHEREOF,the Parties have executed this Agreement in duplicate as of the date
<br /> first above written, by their own hand and deed.
<br /> OWNER:GEORGE & LOISS KOSTIUK COTTONWOOD LAND COMPANY
<br /> By:✓
<br /> By. .7�— By:
<br /> Its: Owner Its: 5l D�M7—
<br /> 464893 B-722 P-429 07/08/96 01 : 36P PG 1 OF 2 REC DOC
<br /> Kay Weinland Routt County Clerk & Recorder 11 . 00
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