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• <br />• <br /> <br />VI. Lien holds cerca in rights in S_c t_on I, T. 10 N., <br />R. 70 w., 6th P.hl. in Larimer County, Colorado (hereinafter <br />"Section I") which lies adjacent to and immediately south of <br />Section 36. In April 1978, Lien applied to the 8card for <br />permission to construct a road across the Quarry (herein- <br />after the "New Road") from Section I to its installations on <br />the 1970 and 1976 Surface Leases. Holly opposed granting of <br />the ;Jew Road, permission to use which was authorized on a <br />temporary basis only. On April 14, 1978, Ho11y asked the <br />9oard to conduct a hearing to resolve disputes be t•.ieen Holly <br />and Lien as Lessees under their respective Leases. The <br />Board scheduled, and on June 6, 1978, commenced a hearing to <br />resolve such disputes (hereinafter the "Board Hearing"). <br />The Board Hearing has been continued with a directive by the <br />Board to Ho11y and to Lien to discuss their respective claims <br />privately and to report to the Board prior to re s~amption of <br />the Board Heariny what progress, if any, they may have made <br />tc•wards resolving their disputes. <br />VII. On January 4, 1930, the Board granted the <br />Colorado Railroad Ccmoany, subsequently the Colorado and <br />Southern Railway Company (Hereinafter the "P.aiLroad") a <br />right of way to construct a spur track across the Quarry to <br />facilitate shipping of limestone. Subsequently, such a <br />track (hereinafter the "Spur") was constructed in the manner <br />diagrammatically illustrated~as the orange line on Exhibit "A." <br />As of April 25, 1377, Holly and the Railroad executed an <br />industrial trac Y, ayre_ment whereby Ho11y agreed to indemnify <br />the Railroad Erom the acts or omissions of third part; <br />"permittees" utilizing the Spur. <br />- 3 - <br /> <br /> <br />