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~-,~ . <br />,: <br />AUG 1 U 5985 <br />SPECIAL WARRANTY DEED <br /> <br />MINED LAND <br />RECLAMATION DIVISION <br />THIS DEED, dated effective as of August 8, 1985, is <br />from UNITED STATES STEEL CORPORATION, a Delaware corporation <br />("Grantor"), 600 Grant Street, Pittsburgh, Pennsylvania <br />15230, to ATLANTIC RICHFIELD COMPANY, a Delaware corporation <br />("Grantee"), 555 Seventeenth Street, Denver, Colorado 80202. <br />NOW, THEREFORE, in consideration of $100.00 and <br />other good and valuable consideration, the receipt and suf- <br />ficiency of which are hereby acknowledged, Grantor, as suc- <br />cessor in interest by merger and consolidation to Columbia- <br />Geneva Steel Division, United States Steel Corporation, a <br />New Jersey corporation ("US Steel New Jersey"), has granted, <br />bargained, sold and conveyed and by these presents does <br />grant, bargain, sell and convey unto Grantee, subject to the <br />reservation described below and the other matters described <br />herein, the lots or parcels of land located in the County of <br />Gunnison, State of Colorado, and described in Exhibit A, <br />attached hereto and incorporated herein, together with all <br />the hereditaments and appurtenances thereunto belonging (all <br />of the foregoing being herein called the "Subject Property"); <br />TO HAVE AND TO HOLD the Subject Property unto <br />Grantee and its successors and assigns forever; <br />Provided, however, that Grantor hereby reserves and <br />excepts in favor of itself, its successors and assigns for- <br />ever, the following: <br />1. All coal, oil and gas, geothermal resources <br />and all other minerals of whatever nature and kind located <br />in, on or under the Subject Property. <br />2. A right-of-way and easement for reasonable <br />access over, under, across and through the Subject Property <br />for the purpose of conducting mining operations, including <br />but not limited to oil and gas operations, upon the Subject <br />Property and upon adjacent properties owned or leased by <br />Grantor, including without limitation a right-of-way and <br />easement for future road access to Bear Creek Canyon; pro- <br />vided, however, that Grantor's right of access (i) shall not <br />unreasonably interfere with Grantee's operations upon the <br />Subject Property or with Grantee's Mt. Gunnison Mine opera- <br />tions, and (ii) is conditioned upon Grantor receiving Grant- <br />ee's prior written approval, which approval .shall not be <br />unreasonably withheld. The terms and conditions set forth <br />in this paragraph shall bind and inure to the benefit of <br />Grantor, Grantee and their respective successors and assigns. <br />This Deed, and the special warranty of title set <br />forth below, are in all respects subject to the matters set <br />forth in Exhibit B, attached hereto and incorporated herein. <br />This Deed is executed without warranty of any kind, <br />either express or implied, except that Grantor specially <br />warrants and agrees to defend the title to the Subject Prop- <br />erty against the lawful claims and demands of all persons <br />claiming the same or any part thereof by, through or under <br />US Steel New Jersey or Grantor, but not otherwise. <br />;, <br /> <br />