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.~~~ <br /> THIS DEED, made this ~_T' day of February, 1978, by <br /> and between GOSSARD, ZNC., an Indiana corporation, herein- <br /> after called "Grantor", and COLOh'YO COAL COMPANY, a Delaware <br /> general partnership, hereinafter called "Grantee". <br /> Grantor, in consideration of the sum of ten dollars <br /> to it in hand paid by the Grantee, the receipt and suffi- <br /> ciency of which is hereby confessed and acknowledged, has <br /> granted and by these presents does grant, bargain, sell and <br /> convey unto the Grantee, its successors and assigns, a right <br /> of way and easement for constructing, operating, main[aining <br /> and using a transportation corridor (including rail track and <br /> operation of locomotives and railroad cars for the movement <br /> o€ commodities generailyi, including the right to install znd <br />• use utility Lines, water supply lines, water irrigation <br /> lines, conveyor belts, track scales, coal slurry or air <br /> transport pipelines, air and water quality control and monitor- <br /> ing equipment, maintenance roads, and the right and privilege <br /> of constructing and laying fill to support the road bed of <br /> any railroad track or other facility and to slope and grade <br /> such portions of the land necessary for the construction of a <br /> railroad or other such facility, and appropriate reclamation <br /> and maintenance thereof, over and within that certain tract <br /> of land located in Moffat County, Colorado, designated as <br /> Parcel No. 900-8A R1 and specifically described on Exhibit A <br /> appended hereto and made a part hereof. r ~'s"' n; a <br />Ofi 1 <br />'Z ~` <br />S <br />1~ <br /> ,.., <br />., <br />e <br /> Grantee's representatives have heretofore surveyed, <br /> staked and monumented on the ground the location of the <br /> centerline Of Parcel 900-SA R1. The surveyed location of the <br /> centerline of Parcel 900-8A R1 is described on Exhibit A <br /> hereto, but it is understood that the surveyed location of <br />• the centerline of Parcel 900-8A RL as staked and monumented <br /> on the ground shall control. In addition, in no event shall <br />