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BK 3555 PG 731 <br />616.2 feet) to the North line of Sec. 35; thence along the North line of Sec. <br />35 North 89°49' West a distance of 295.5 feet; thence along the arc of a <br />curve to the right with a radius of 1046.0 feet, a distance of 253.3 feet (the <br />chord of which arc bears South 60°14' West, a distance of 252.7 feet) <br />more or less, to the point of beginning. (2709-352-00-023 - Book 1350 at <br />Page 549, and Book 3095 at Page 121) <br />PARCEL 4: Powderhorn Coal Tract # 732-029 (AREA 3) <br />Township 10 South, Range 98 West of the 6th P.M.: <br />Section 34: A parcel of land located in the SE1/4 of Section 34, Township 10 South, <br />Range 98 West of the 6th P.M., Mesa County, Colorado, being more <br />particularly described as follows: <br />Beginning at the SIA comer of said Section 34, whence the Southeast <br />comer of said Section bears South 87°54'35" East 2607.53 feet; thence <br />along the West line of the SEI/4 of Section 34, North 1'48'33" East <br />1089.64 feet; thence along the South boundary of the property described in <br />Book 1068 at Page 824, Book 1298 at Page 32 and in Book 1350 at Page <br />542 North 83°4948" East 418.77 feet; thence along the Easterly boundary <br />of the property described in Book 1350 at Page 542 North 56"2T18" East <br />527.13 feet; thence along the Easterly boundary of the property described <br />in Book 1350 at Page 542 North 36°46'33" East 618.22 feet; thence along <br />the Easterly boundary of the property described in Book 1350 at Page 542 <br />North 1707'42" West 722.91 feet to the North line of the SEI/4 of <br />Section 34; thence along said North line South 87°53'13" East 756.19 feet; <br />thence South 1'44'20" West 2647.64 feet to the South line of the SEI/4 of <br />Section 34; thence along the South line North 87°54'35" West 1723.77 <br />feet to the point of beginning. (2709-344-00-071 - Book 2090 at Page <br />239, and Book 3095 at Pages 126 and 127) <br />Containing 266 acres, more or less. <br />Grantor is in the process of reclaiming the herein described land (the "Premises") in <br />accordance with its obligations under Permit No. C-81-041 (the "Permit"), issued by the <br />Colorado Division of Minerals and Geology ("DMG'D pursuant to the Colorado Surface Coal <br />Mining Reclamation Act, C.R.S. 34-33-101, et. seq. (the "Act") and associated regulations. <br />Grantor therefore EXCEPTS AND RESERVES under Grantor, and its successors and assigns, an <br />easement on, over and upon the Premises, together with the right of direct and immediate access <br />in, on, under, over and through the Premises, and the right to use the Premises, in any reasonable <br />fashion, all for the sole and exclusive purpose of performing Grantor's reclamation and <br />monitoring obligations under the Permit, the Act, as such obligations now exist or may later be <br />modified. Grantor further EXCEPTS AND RESERVES, and Grantee hereby grants to Grantor, <br />the right of ingress and egress to and from the Premises over and through any adjacent lands <br />owned by Grantee, to the extent that Grantee now or hereafter has any interest in such adjacent <br />3 <br />Doc #197634 0 Date: 12111/2003 1.41 PM <br />TR -69 A14-5-63 12116 <br />