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<br />
<br />eeex 8~ PALF Sa8
<br />1058 FEET TO POINT OF BEGINNING, THENCE SOUTH
<br />53 DEGREES 20 MINUTES EAST 92 FEET, THENCE SOUTH
<br />`-~ 74 DEGREES 15 MINUTES EAST 90.5 FEET, THENCE SOUTH
<br />72 DEGREES 45 MINUTES EAST t 22 FEET, THENCE SOUTH
<br />76 DEGREES 45 MINUTES WEST 132 FEET, THENCE WEST
<br />246.5 FEET, THENCE NORTH 223 FEET TO POINT OF
<br />BEGINNING, AND EXCEPTING THEREFROM THE FOLLOWING
<br />DESCRIBED PROPERTY:
<br />A TRACT OF LAND IN THE SOUTHWEST 7G OF SECTION 31,
<br />TOWNSHIP 47 NORTH, RANGE 15 WEST, NEW MEXICO
<br />PRINCIPAL MERIDIAN DESCRIBED AS COMMENCING AT A
<br />POINT ON TOWNSHIP LINE WHERE SOUTHWEST CORNER OF
<br />SAID SECTION 31 BEARS WEST 1443 FEET, THENCE NORTH,
<br />PARALLEL TO THE WEST ,BOUNDARY LINE OF SAID
<br />SECTION 31, 800 FEET, THENCE EAST PARALLEL TO THE
<br />SOUTH•BOUNDARY LINE OF SAID SECTION 31, 300 FEET,
<br />THENCE SOUTH PARALLEL TO THE WEST BOUNDARY LINE OF
<br />SAID SECTION 31, 800 FEET, THENCE WEST ALONG SAID
<br />SOUTH BOUNDARY LINE OF SAID SECTION 31, 300 FEET,
<br />MORE OA LESS TO THE POINT OF BEGINNING, COUNTY OF
<br />MONTROSE, STATE OF COLORADO
<br />•
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<br />lthe'Option Property'1 together with ell rights and privileges to conduct surface, auger end/w
<br />underground mining activities end related operations.
<br />2. Term. The Coal Lease shag be in effect far twenty f20) years commencing on
<br />the Lease Date stated above. Lessee shat{ have ttre right at anV tame, upon at least thirty (30)
<br />days advance written notlce to Lessor, to terminate the Coal Leese effective on December 31
<br />of any year. The option on the Option Property shall terminate on April 15, 2004, unless
<br />sooner exercised by Lessors.
<br />3. Soeciat Rights of Lessee. In addition to whatever rights Lessee may have by
<br />tmplicatlon of law hereunder, Lessor speciflca5y greMS to Lessee (to the full extent Lessor U
<br />entitled to Brent such rights) the fogowing exclusive rights ('Rights'):
<br />(a) to drill,'take core samples, survey, map and otherwise evaluate the Coal, end
<br />to perform environmental and cultural resource studies;
<br />Ib) to mine, extract, remove, process, own, market or otherwise use the Coati
<br />including mining by the strip, auger and/or any other methods now or hereaher to existence,
<br />without nny liability to Lessor for any curcent or future damages (including surface wpport
<br />and damage or loss to other minerals or strata) to Lessor's estate;
<br />(ci of free access to, in; from and across the Property and the right to install,
<br />maintain, use and change bugdings, tipples, railroad facilities, conveyors, roads, haulage ways
<br />of afl kinds, pumping stations, pipegnea, power Imes, ditches, storage facilities, substations.
<br />excavations, pits, openings, stock piles, mine refuse disposal areas, drains, dams, pWds,
<br />~/ 3
<br />Attachment 2.03.6-1-40
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