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<br />MAIL TAX NOTICE TO:
<br />Bowie Resources, Limited
<br />1833 Highway 133
<br />Paonia,Colorado 81428 1 of 4 R 20.00 D 27.50 Delta C{y, CD Clerk & Rec
<br />QUITCLAIM DEED
<br />Mountain Coal Company, L.L.C., a Delaware limited liability company, whose street
<br />address is 5174 Highway 133, Somerset, Gunnison County, Colorado 81434 (`SCrrantor' ,for the
<br />consideration of'fen Dollars, in hand paid, hereby sells and QUITCLAIMS to Bowie Resources,
<br />Limited, a Colorado corporation, whose street address is 1833 Highway 133, Paonia, Gunnison
<br />County, Colorado B 1428 (`tiGrantee' ,all of the Grantor's right, title and interest to:
<br />(1) the water rights represented by Jenkins Ditch Number 1, Priority L20, having a
<br />decree date of May 5, 1962 for .25 cfs for irrigation with a date of appropria[ionof June 1, 1924
<br />and also a second right, Priority L-67 for .5 cfs with a date of appropriation of June 1, 1964 and
<br />an adjudication date of November 20, 1975; and also Jenkins Ditch Number 2, Priority Lr21,
<br />having a decree date of August 11, 1969 for .25 cfs with a date of appropriation of Lune 1, 1924
<br />and also a second right with a decree for .5 cfs with a date of appropriation of June ], 1964 and
<br />an adjudication date of December 16, 1975 (the "Conveyed Water Rights"); and
<br />(2) the following real property in Delta County, Colorado, more particulazly described on
<br />• Exhibit "A" attached hereto and made a part hereof (the 'Pro ert ~, together with (a) all
<br />buildings and improvements constructed or located on the Property and owned by Grantor and
<br />(b) al] easements and other rights benefiting or appurtenant to the Property subject to the
<br />following reservations: (i) a right of way 50 feet in width across the Property for the purpose of
<br />installing, constructing, maintaining, operating, altering, replacing and removing a pipeline for
<br />the transmission of nattual gas and all by-products thereof; a specific description of such right of
<br />way shall be recorded within Ill years of the date of this Quitclaim Deed; (iil all oil. gas. and
<br />omer minerals, except Cur gravel, in, onor under the Property; (iii) an easement of ingress and
<br />egress to cross the Property to provide access to Grantor, its successors and assigns to the
<br />properrv owned by Latry Mautz, et al., and leased by Grantor (the "Adjacent PropeRy") for all
<br />purposes stch that Grantor, its successors and assigns may use the Adjacent Property as
<br />intended; (iv) the improvements on the Property which were previously sold to Larry and Elaine
<br />Ivtautz and are allowed to remain on the Property pursuant to an Agreement dated May 13, 1994,
<br />by and between Larry and Elaine Mautz and Grantor and recorded on hme 29, 1994, in the
<br />official records of the County Recorder of Gunnison County, Colorado at Book 747, page 825;
<br />and (v) all water rights other than the Conveyed Water Rights related or appurtenant to or used
<br />on the Property, including without limitation, the water rights represented by the 100 shares of
<br />the Fire fountain Canat and Reservoir Company.
<br />THIS QUITCLAIhI DEED IS M1IADE WITHOUT REPRESENTATION,
<br />WARRANTY OR RIGHT OR RECOURSE OF ANY fCIND
<br />WHATSOEVER, EMPRESS, i~IPL1ED OR OTHERWISE, INCLUDING,
<br />WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY' OR
<br />R1GHT OR RECOURSE WITH RESPECT TO (i) ZONiNG OF THE
<br />PROPERTY BY' THE APPROPRIATE GOVERNJIENTAL AGENCI' FOR
<br />P,e-~
<br />f1 PPRoVED
<br />115/az
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