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. • III IIIIIIiIIIIII III • FCS•I, IhLi Fble 46 <br />MEMORANDUM OF SURFACE USE AGREEMENT <br />THIS AGREEMENT entered into this /Sday of 1996 ("Effective Date"} <br />by and between RIO RO MO LAND CO. ("OWNER") with an addre of PO Box 715, Craig, Colorado <br />81625 and COTTONWOOD LAND COMPANY, a Delaware corporation ("CLC"), with an office at <br />1475 Pine Grove Road, Suite 207, Steamboat Springs, Colorado 80487, its successors and assigns, <br />whereby in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, <br />the receipt of which OWNER hereby aclmowledges, and in further consideration of the mutual covenants <br />set forth below, OWNER hereby grants unto CLC the right to enter, conduct certain operations for the <br />purpose of exploring for coal and other minerals, and conduct environmental monitoring and other activities <br />associated with obtaining a coal mining permit, on, under and across the following described lands located <br />in the County of Routt, State of Colorado ("Property"): <br />Township 5 North. Range 89 West. 6th P.M.. Routt County. Colorado <br />SECTION 17: SW/4NW/4, SW/4 <br />SECTION 18: S/2SE/4 <br />SECT]ON 19: NE/4 <br />SECTION 20: W/2, SE/4 <br />SECTION 21: S/2S/2SE/4NW/4, S/2S/2SW/4NE/4, S/2 <br />SECTION 22: W/2SW/4, SE/4SW/4, SW/4NE/4SW/4 <br />SECTION 27: N/2NW/4, SW/4NW/4 <br />SECTION 28: N/2, SW/4, N/2SE/4 <br />SECTION 29: Nl2, E/2SE/4 <br />SECTION 30: NE/4, NE/4NW/4 <br />SECTION 31: LOTS 1 & 2, NW/4NE/4, S/2NE/4, El2W/2, SE/4 <br />SECTION 32: S/2SE/4 <br />Township 4 North. Ranee 89 West <br />SECTION 8: LOTI <br />SECTION 9: LOTS 2, 3, and 4, THAT PART OF N/2S/2 LYING NORTH OF <br />HWY 317. <br /> <br />y <br />s <br />Containing 3,507.55 acres more or less. <br />I. This Surface Use Agreement shall be for a one (l) year term commencing from the effective date <br />hereof ("Primary Tenn"), with CLC having the option to extend the Primary Term of this Surface Use <br />Agreement on a year-to-year basis thereafter, by CLC paying to OWNER on or before the expiration of the <br />Primary Term, and thereafter on each anniversary date of this Agreement, an annual rental for such <br />extension. <br />2. AI! of the rights, duties, benefits, terms and covenants contained in this Agreement will run wrth the <br />land and shall accrue to and be binding upon the successors and assigns of the Parties for the teen of this <br />Agreement and any extension of such term. <br />463132 B-720 P-935 05/23/96 01:38P PG 1 OF 3 REC <br />Kay Weinland Routt County Clerk 8 Recorder 76.00 <br />DOC <br />