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GENERAL43058
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GENERAL43058
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Last modified
8/24/2016 8:11:52 PM
Creation date
11/23/2007 12:08:42 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981029
IBM Index Class Name
General Documents
Doc Date
4/24/1997
Doc Name
MEADOWS 1 MINE REMOVAL AGEEMENT PN C-81-029
From
SUN COAL CO
To
MLR
Permit Index Doc Type
GENERAL CORRESPONDENCE
Media Type
D
Archive
No
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„~~ _ • ;4 <br />-t. <br />~;:_. <br />SALE AND REMOVAL AGREEMENT <br /> <br />THIS AGREEMENT is made as of the ~ day of September, 1991 by and <br />between SUN COAL COMPANY, INC., a Colorado corporation ("Owner"), and W. JAXON <br />BARER d/b/a JAXON ENTERPRISES ("Contractor"). <br />WHEREAS, Owner ie a coal mining company which leases certain real property <br />in Routt County, Colorado ("the Property") from John A. Eilts and Allis M. Eilta <br />("Eilte"); and <br />WHEREAS, Owner previously mined and processed coal on the Property pursuant <br />to a lease agreement with Eilts, and in furtherance of that activity, purchased, <br />installed. used and maintained certain personal property in the form of a coal <br />crusher. conveyor/transportation system, a train loadout facility, rail car <br />puller and miscellaneous parts for this equipment, all of which (with the <br />exception of the reclaim tunnel (pipe) described 'below) will be referred to in <br />this Agreement as the "Loadout Facility"; and <br />WHEREAS, Contractor wants to purchase and Owner wants to sell the Loadout <br />Facility, and Owner wants the Loadout Facility removed from the Property. <br />NOW, THEREFORE, in consideration of the mutual promises and covenants <br />herein contained and payment of valuable consideration by Contractor to Owner <br />through Heary C. Starr Co. ("Starr"), the receipt and sufficiency of which is <br />hereby expressly acknowledged, Ovner and Contractor agree ae follows: <br />1. Title and Access to the Loadout Facility. Owner does hereby sell to <br />Contractor all of its right, title and interest in and to the Loadout Facility <br />in its "as-is" condition and without any gua=antees, warranties or represents- , <br />tiona of any kind except that Owner warrants free and clear title to the Loadout <br />Facility, subject to the terms of paragraph 9 hereof. This sale includes no <br />right, title or interest in and to the Property or any other real estate, and <br />the Loadout Facility is .to be severed from and removed from the Property accord- <br />ing to the terms of this Agreement. <br />Owner guarantees reasonable access to Contractor for the removal of <br />the Loadout Facility from the Property. <br />2.' Work to be performed. Contractor shall completely dismantle and remove <br />the entirety of the Loadout Facility from the Property, except that Contractor <br />shall not dismantle nor remove from the Property nor obtain ownership of the <br />-1- <br />`~s_ <br />
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