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WATT AT r(X ;DO CW17Y OF 1 .10M1p$E <br />1 .:cci+rK ;:4 6 Q �AUTH E. HEATH, REC0Wjj <br />✓ BObK <br />892 rAcr492 <br />F9H <br />!^cQA1�IS�1NINr3 ACS <br />.. CAN "F1 LtNt3 AND R p ert.;` pRLiL-�y� <br />�t� day of This Memorandum A <br />the IJ_ reement for Surface Mining Coal Lease ("Memorandum'] made as of AND TEAE , 1995 (`Lease Date') by and between CAR SA L BENSON ('Lessor', whether one or more), with address a 1 f E. ASH ER HILLS <br />DR., CAVE CREEK, AZ 85331, and WESTERN FUELS - COLORADO, ) B ENSON <br />Liability Company ('Lessee "). It is the intent of the parties to this Memorandum thatlth sddocument Limited <br />serve as a recordable Memorandum giving full notice of that Coal Mining Lease dated as of <br />, 1995 and granted by Lessor to Lessee ('Coal Lease'}. <br />It is agreed: <br />1 • Cancellation of Le Se Lessor and Lessee hereb <br />entered into by the parties on October 28, 1994, time that certain prior to the can cel th efesail title <br />n min ssarse <br />were d iscovered and corrected. It is the Intent 'o <br />for this parcel entered into on October 28, 1994. f ttte parties that this new tease replace the lease <br />2 • f2raut of eM . Lessor hereby leases unto Lessee, its successors and assigns, upon <br />the terms and conditions set forth in this Memorandum and the Coat Lease, the coat mineral <br />—�) deposits ("Coal*) located in, on and under the following described land (Benson West Property) in <br />Montrose County, Colorado: <br />PARCEL A: <br />THE W1/2 OF THE NE1 /4 OF THE SE1 /4 OF SECTION 36, T47N, R16W OF THE <br />N.M.P.M., COUNTY OF MONTROSE, STATE OF COLORADO. <br />PARCEL 8: <br />THE SE1 /4 OF THE SE1/4 OF SECTION , T47N, R16W OF THE N.M.P.M. <br />containing _60_ acres, more or less, with all of the ri ghts <br />described in Section 3 of this Agreement. It is note that Lessor s owns the coal l nde the Benson activities as <br />West Property. Lessor also owns all the surface of the Benson West Property except the part <br />described as follows, which Lessor does not lease herein. <br />Beginning at the Northeast corner of the SE1 /4 SE1 /4 of Section 36, T47N, R1 6W of the <br />N.M.P.M., thence west along the north line of said SE1 /4 SEi/4 600 feet; <br />Thence South 300 feet; thence East 600 feet; thence North along the East line of said <br />SEi /4 SEi/4 to the point of beginning, County of Montrose, State of Colorado. <br />Excepting any right of way for public roads therein. <br />BY THIS TITLE AND INTE LEA T IN THE COAL IN, ON OR UNDER THE Benson p <br />West Property, E, UPON THE , <br />TERMS AND CONDITIONS STATED HEREIN. <br />Attachment 2.03.6 -1 -43 <br />