2009-01-08_PERMIT FILE - C1981008A ‎(4)‎

• Permit No: C1981008A
• IBM Index Class Name: Permit File
• Doc Date: 1/8/2009
• Doc Name: Evidence of Right of Entry
• Section_Exhibit Name: Section 2.03 Attachment 2.03.6-1
• Media Type: D
• Archive: Yes

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1 M MORAND rM AOP M~
~~ FOR
COAL MININd FACq
QAN - rN0 AND R P e ~~ PRIOR ec
''``y1This Memorandum Agreement for Surface Mining Coal Lease ('Memorandums made as of
91a J.L day Of ~N11rtNRy .1995 ('L8858 Date' by and between P"ARI N 11 ) RENCON
TFR CA RENCON r~.eRl_ O. RENC_ON_ S`/LVIA L BENS"^.N. RORR~! OEeN RENSO" NO
CARL RROGK BENSON ('Lessor', whether one a more), vrilh address at 4101 E ASHER FGt1S
DR., CAVE CREE}(, AZ 85331, and WESTERN FUELS-COLARADD, IlC, a Colorado UmOed
LlebiGty Company ('Lassee'j. It is the Inlets of the parties to Otis Memorarldum thaliMs daaaneM
ae~e as a recordable Memoiairdum giving full notice of that Coal A6rling Lease dated es of _
~IAN~-WRV l\ .1995 mld greeted by Lessor t0 Lessee QCoal Lease.
It is agreed:
1, r`s+nrnnatrnn et taa°e Lessor and Lessee Flereby cancel Ore coal mining lease
entered klto by the parties on October 28,1994, prior to the time that certain t~fects in l.easoro' tills
were discovered and corrected It is the inlets of the parties tllat tWs new lease replace the lease
its this parcel entered into on October 28, 1994.
2, jimnt of L«a°e Lessor Hereby leases unto Lessee, Its srxxessors and assigns, upon
the terms and condtions set torts in Wa Memorandum and Ore Coal Lease. Ole coal mfierel
~~ ~ deposbs ('Coal') boated bl, on and under the fdlowing desail>ad lard (Benson East Property) to
• Montrose County, Colorado:
~;
LOTS 3 AND 4, SECTION 31, TOWNSHIP 47 NORTH, RANGE 15 WEST, NEW MDOC.O
PRINgPAL MERIDIAN, LESS A TRACT OF L4ND DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE TOWNSHIP UNE WHENCE THE SOUTHWEST
CORNER OF SECTION 31 T47N: R15W, N.M.P.M. AFORESAID BEARS WEST 1062
FEET. THENCE NORTH 1058 (SET TO STONE Y1, THENCE SOl1TH !i3° 20' EAST 92
FEET, THENCE SOUTH 74° 15' FAST 90.5 FEET, THENCE SOUTH 72° 45' EAST 122
FEET, THENCE NORTH /6° 30' FJiST 357 FEET, THENCE NORTH 70° 3Q• WES7 407
FEET, THENCE NORTH 1243 FEET, THENCE EAST 1082 FEET, THENCE SOUM 2840
FEET TO TOWNSHIP UNE, THENCE WEST ALONG TOWNSHIP UNE 1082 FEET TO
PUCE OF BEGINNING. "
TOGETHER WITH A TRACT OF LAND IN LOT 4, SECTION 31, TOWNSHIP 47 NORTH,
RANGE 75 WEST,-NEW MEXICO PRINCIPAL MEFTl01AN DESCRIBED AS BEGINNING
AT THE SOUTHWEST CORNEA OF SAID SECTION 31, THENCE EAST 1062 FEET.
THENCE NORTH 1058 FEET TO PO1Ni OF BEGINNING: THENCE SOUTH 53° 20' EAST
92 FEET, THENCE SOUTH 74° 15' EAST 90.5 FEET, THENCE SOUTH 72° 45' EA5T 122
FEET, THENCE SOl1TH 16° 45' WEST 132 FEET, THENCE WEST 245.5 FEET, THENCE
NORTH 223 FEET TO THE POINT OF BEGINNING. .
conRwltng ~ saes, more a lass. with alI of the rights l'Rl9hM°) to calduct rrdning activities as
described N Section 3 0l Ws Agreement
•J
Attachment 2.03"6-1-22