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<br />- 80111( p(SPA6i5Jt1 RECOROE0.1T 12:~ aunl EE. ~EOCL00 ,
<br />RECEPrICM , _
<br />MEMORANDUM AGREEMENT
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<br />`~i FQq
<br />&OAL MINiNO LEASE AND OPTION
<br />Tlils Memorandum Agreement for Coal Mining Lease and Option ("Memorandum'),
<br />made es of ~]4s. day of 1994 ('Lease Date') by and between JAMES R.
<br />MARTIN and fvIAIRELLEN W. RTIN, as joint tenants, 1042 LAKESIDE COURT, GRAND
<br />JUNCTION, COLORADO, ("Lessor"1, and WESTERN FUELS- COLORADO, LLC, a Colorado
<br />Limited Liabgity Company ('Lessee'), 405 URBAN STREET, SUITE 305, LAKEWOOD,
<br />COLORADO 80228. It is the infant of the parties to this Memorandum that this document
<br />nerve as a re~c,o_rydabGle Memorandum giving full notice of that Coal Mining Lease end Option
<br />dated as of `7'~~ 1994 and granted by Lessor to Lessee ("Coal lease").
<br />It Is agreed:
<br />1, Grant of Lease. Lessor hereby leases unto Lessee, its successors and assigns,
<br />upon the terms and conditions set forth in ttds Memorandum end the Coal Lease, the coal
<br />mineral deposits ("Coal"1 located in, on and under the following described land In Montrose
<br />County, Colorado:
<br />ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY SITUATE
<br />WITHIN LOTS 3 AND 4 OF SECTION 31, TOWNSHIP 47 NORTH, RANGE t6 WEST,
<br />N.M.P.M., TO-WfT:
<br />• `. COMMENCING AT A POINT ON TOWNSHIP UNE WHERE
<br />SOUTHWESTCORNER OFSECTION 31,TOWNSHIP 47 NORTH,
<br />RANGE 76 WEST, NEW MEXICO PRINCIPAL MERIDIAN, BEARS
<br />WEST 1062 FEET, THENCE NORTH 1056 FEET, THENCE
<br />SOUTH 53 DEGREES 20 MINUTES EAST 92 FEET, THENCE
<br />SOUTH 74 DEGREES 15 MINUTES EAST 90.6 FEET, THENCE
<br />SOUTH 72 DEGREES 45 MINUTES EAST 122 FEET, THENCE
<br />NORTH 18 DEGREES 30 MINUTES EAST 357 FEET, THENCE
<br />NORTH 70 DEGREES 30 MINUTES WEST 407 FEET, THENCE.
<br />NORTH 1243 FEET,THENCEEAST1082 FEET, THENCE SOUTH
<br />2640 FEET TO TOWNSHIP LINE, THENCE WEST ALONG
<br />TOWNSHIPLINE 1062 FEET TO PLACE OF BEGINNING, EXCEPT
<br />THAT PART DESCRIBED AS FOLLOWS:
<br />A TRACT OF LAND IN LOT 4, SECTION 31, TOWNSHIP 47
<br />NORTH, RANGE 15 WEST, NEW MEXICO PRINCIPAL MERIDIAN'
<br />DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF
<br />SAID SECTION 31, THENCE EAST 1062 FEET, THENCE NORTH
<br />1058 FEET TO POINT OF BEGINNING, THENCE SOUTH
<br />63 DEGREES 20 MINUTES EAST 92 FEET, THENCE SOUTH
<br />74 DEGREES 15 MINUTES EAST 90.5 FEET, THENCE SOUTH
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<br />Attachment 2.03.6-1-38
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