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RECEIVED 8/29/2006 at 8:42 AM
RECEIVING # 921836
BOOK: 632 PAGE: 1
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
AFFIDAVIT OF CLARIFICATION OF LAND OWNED BY
THE PITTS BURG & MIDWAY COAL MINING CO.
STATE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
BEFORE ME, the undersigned authority, personally appeared Robert G. Utter,
("Affiant") who, being by me fIrst duly sworn, declared that he is Land Manager of The
Pittsburg & Midway Coal Mining Co., a Missouri corporation. In that capacity, AffIant
supervises the Land Department records and is personally familiar with the Company's land
matters, including those involving lands in Lincoln County~ Wyoming.
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AffIant avers and declares the following.
By Judgment dated June 29, 1981, and recorded in Book 178PR, Pages 77 thru 80 in the
Lincoln County Clerk and Recorders OffIce in Kemmerer, Wyoming The Kemmerer Coal
Company was declared to be the owner of the following described real property situate in the
County of Lincoln, State of Wyoming:
NWY<í, Elhofthe SWY<í,now Tracts 38 A, B, C, D, E, FofSection25, T21N-R1l6W,
6th P.M., Lincoln Comity, Wyoming.
SW ,Y<í , Elh of the NWY<í, now Tracts 38 G, H, I, J, K, L, of Section 36, T21N- R1l6W,
6th P.M., Lincoln County, Wyoming. .
Lots 3 and 4 of Section 4, T20N-R1l6W, 6th P.M., Lincoln County, Wyoming.
By Deed, Assignment and Bill of Sale, dated December 29, 1981, and recorded in Book
190PR, Pages 451 thru 453 in the Lincoln County Clerk and Recorders OffIce in Kemmerer,
Wyoming (the "1981 Deed"), the Kemmerer Coal Company conveyed to The Pittsburg &
Midway Coal Mining Co. all of Kemmerer Coàl Company's right, title, and interest of
whatsoever kind mall Kemmerer Coal Company's property of any kind (excepting the mineral
rights in coal and one fee simple interest conveyed and assigned to the Gulf Oil Corporation by
Deed and Assignment of even date.)
II
By ClarifIcation Deed, dated February 10, 1983, and recorded in Book 198, Pages 262 thru
268 mthe Lincoln County Clerk and Recorders OffIce in Kemmerer, Wyoming, the
Keminerer Coal Company pursuant to the Liquidation Plan and Agreement, with R. J. Goeken
and R. M. Holsten as Trustees, conveyed to The Pittsburg & Midway Coal Mining Co. the
lands described in that Clarification Deed. The Clarification Deed was intended to list
specifically all of the lands that the Kemmerer Coal Company had conveyed to The Pitts burg &
Midway Coal Mining Co. by the 1981 Deed. This Clarification Deed inadvertently failed to
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, include the SWY<í, Elh of the NWY<í, now Tracts 38 G, H, I, J, K, L, of Section 36, T21N-
R116W, 6th P.M., Lincoln County, Wyoming.
Therefore, the purpose of this affidavit ~s to clarify that, by virtue of the 1981 Deed, The
, Pitts burg & Midway Coal Mining Co. is the owner of SW Y<í, E1h of the NW Y<í, now Tracts 38
G, H, I, J, K, L of Section 36, T21N-R116W, 6th P.M., Lincoln County, Wyoming.
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~~tter. Land Manager \f:U/
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Subscribed and sworn to before me this 2Pt day of August, 2006 by Affiant, Robert G.
Utter of The Pitts burg & Midway Coal Mining Co.
My commission expires: 0 '7/é9.//8..009
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My Commission Expires a7l21l2OCS
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