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~: <br />MEMORANDUM OF SURFACE USE AGREEMENT <br />/aa6 -oas <br />THIS AGREEMENT entered into this day of 1996 ("Effective <br />Date") by and between LOUIS M. WYMAN ("OWNER") with an addr s of PO Box 278, Craig, <br />Colorado 81625 and COTTONVI'OOD LAA'D CORa'ANY, 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 />mutdal 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 County of Routt, State of Colorado ("Property': <br />ZQyvnshjp 5 North. Range 89 West. 6th P M .Routt Couniy~Colorado <br />Section 27: S/2SE/4 <br />Section 34: NE/4, E/2SE/4 <br />Section 35: SW/4SW/4 <br />Township 4 North. Range 89 West <br />Section 9: Lot 1 <br />Section 10: That part of N/2SW/4 and SE/4 Lying north of Hwy 317 <br />Section ] 1: Lots 2, 3, 4. <br />Containing 738.55 acres more or less. <br />s <br />I. This Surface Use Agreement shall be for a three (3) year term commencing from the effective <br />date hereof . CLC paying to OWNER on or before the anniversary date and thereafter on each <br />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 <br />the land and shall accrue to and be binding upon the successors and assigns of the Parties for the term of <br />this Agreement and any extension of such term. <br />IN A'ITNESS ~0'HEREOF, the Parties have executed this Agreement in duplicate as of the date <br />first above written, by their own hand and deed. <br />OWNER:LOUIS M. Vt~'MAN COTTONWOOD LAND COMPANY <br />By:~~ . ~,v By: U -, <br />Its: Its: ~St17E <br />463554 B-721 P-231 06/03/96 02:03P PG 7 OF 2 REC DOC <br />Kay Weinland Routt County Clerk & Recorder 11.00 <br />