|
S'1 ATE tV cOLORADO, CWNTY OF MCUTROSE
<br />1•i ixi„ .. ,.,t 10
<br />hcCENTKi II LO 'CO'f4- 1)I Ii E HEATii. R'cenF;r
<br />enow 892PAct
<br />MEMORANDUM A rrePM
<br />EQa
<br />-OA MININ . FAC
<br />CA NCELLING AND REPLACtNt3 PRIOR t Feces
<br />This Memorandum Agreement for Surface Mining Coal Lease ('Memorandum'), made as of
<br />the 12- day of SNt� 1995 ('Lease Date's by and between CAR B �Gn
<br />IEH A SEU& CAR p_ B NEON. SYLVIA c
<br />aNSON BOBB D af�` gFI
<br />CARL_ BRO K Bt= rlcnp�
<br />(*Lessor". whether one or more), with address at 4101 E. ASHER HILLS
<br />DR., CAVE CREEK, AZ 85331, and WESTERN FUELS - COLORADO, LLC, a Colorado Limited
<br />Liability Company ( It is the intent of the parties to this Memorandum that this document
<br />serve as a recordable Memorandum giving full notice of that Coal Mining Lease dated as of
<br />%TADJ!& va2�J t � , 1.995 and granted by Lessor to Lessee ('Coal Lease ").
<br />It is agreed:
<br />1. Cancattation of ease Lessor and Lessee hereby cancel the coal mining lease
<br />entered into by the parties on October 28, 1994, prior to the time that certain defects in Lessors' title
<br />were discovered and corrected. It is the intent of the parties that this new lease replace the tease
<br />for this parcel entered into on October 28, 1994.
<br />2. grant of .ace Lessor hereby leases unto Lessee, its successors and assigns, upon
<br />the terms and conditions set forth in this Memorandum and the Coal Lease, the coal mineral
<br />deposits ( "Coal ") located in, on and under the following described land (Benson East Property) In
<br />Montrose County, Colorado:
<br />LOTS 3 AND 4, SECTION 31, TOWNSHIP 47 NORTH, RANGE 15 WEST, NEW MEXICO
<br />PRINCIPAL MERIDIAN, LESS A TRACT OF LAND DESCRIBED AS FOLLOWS:
<br />COMMENCING AT A POINT ON THE TOWNSHIP LINE WHENCE THE SOUTHWEST
<br />CORNER OF SECTION 31 T47N; R15W, N.M.P.M. AFORESAID BEARS WEST 1062
<br />FEET, THENCE NORTH 1058 FEET TO STONE #1, THENCE SOUTH 53 20' EAST 92
<br />FEET, THENCE SOUTH 74° 15' EAST 90.5 FEET, THENCE SOUTH 72 45' EAST 122
<br />FEET, THENCE NORTH 16° 30' EAST 357 FEET, THENCE NORTH 70 30' WEST 407
<br />FEET, THENCE NORTH 1243 FEET, THENCE EAST 1062 FEET, THENCE SOUTH 2640
<br />FEET TO TOWNSHIP LINE, THENCE WEST ALONG TOWNSHIP LINE 1062 FEET TO
<br />PLACE OF BEGINNING.
<br />TOGETHER WITH A TRACT OF LAND IN LOT 4, SECTION 31, TOWNSHIP 47 NORTH,
<br />RANGE 15 WEST, NEW MEXICO PRINCIPAL MERIDIAN DESCRIBED AS BEGINNING
<br />AT THE SOUTHWEST CORNER OF SAID SECTION 31, THENCE EAST 1062 FEET,
<br />THENCE NORTH 1058 FEET TO POINT OF BEGINNING; THENCE SOUTH 53 20' EAST
<br />92 FEET, THENCE SOUTH 74° 15' EAST 90.5 FEET, THENCE SOUTH 72 45' EAST 122
<br />FEET, THENCE SOUTH 16° 45' WEST 132 FEET, THENCE WEST 245.5 FEET, THENCE
<br />NORTH 223 FEET TO THE POINT OF BEGINNING.
<br />containing _74 acres, more or less, with all of the rights ( "Rights') to conduct mining activities as
<br />described in Section 3 of this Agreement.
<br />Attachment 2.03.6 -1 -36
<br />
|