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f ' <br />• <br />Book 480 Page 328 <br />District a <br />less, to the <br />contains 20.7 <br />(2) <br />of said Leadville Sanitation <br />distance of 113.79 feet, more or <br />Point of Beginning. Parcel <br />acres, more or less. <br />BY ACCEPTANCE AND RECORDATION OF THIS DEED, party of <br />[he second part is on notice that suit has been filed by the <br />United S[a[es of America against The Denver and Rio Grande <br />Western Railroad Company (United States of America v. Apache <br />Energy and Minerals Company, et al., Civil Action No. 86-C-1675), <br />asking for injunctive relief and alleging an imminent and <br />substantial endangerment to public health and welfare and [he <br />environment at a site located near Leadville, Colorado, known as <br />the California Gulch site, and by [he State of Colorado against <br />The Denver and Rio Grande Western Railroad Company (State of <br />Colorado v. Asarco, Inc., et a1, Civil Action No, 86CV48), filed <br />in Lake County District Court which alleges public nuisance, <br />substantial endangerment to the public health and welfare asking <br />for damages and injunctive relief and party of [he second part <br />accepts complete responsibility for the future for the land <br />conveyed herein in connection with [he above actions or any other <br />governmental actions in the future and relieves party of [he <br />first part from any liability in connection therewith. <br />IN WITNESS WHEREOF, The Denver and Rio Grande Western <br />Railroad Company has caused its corporate name to be hereunto <br />subscribed and its corporate seal to be hereunto affixed by its <br />officers thereunto duly authorized, the day and year first above <br />written. <br />,~. AT.TEST: <br />/• <br />.~ <br />Secretar <br />+, .. .. <br />STATE OF COLORADO ) <br />ss <br />CITY AND COUNTY OF DENVER ) <br />THE DENVER AND RIO GRANDE <br />WESTERN RAILROAD COPiPANY <br />BY v`-' ' Id ..J <br />~~ President <br />i <br />The foregoing instrument was acknowledged before me <br />this 31st day of Deco in~Pr , 1986, by W. J. HOLTMAN, as <br />President, and C. E. SCHMECKPEPER, as Secretary, of THE DENVER <br />AND RIO GRANDE ldESTERN RAILROAD COMPANY, a Delaware corporation. <br />My notarial commission expires //(!L~ ~Oi /9~y <br />WITNESS my h,~n.d,.,and official seal_~/~~,~ ~ ~~ <br />Notary Public <br />-~:_. <br />8/5/86 WCF 2-3 , <br />.a jAff7C5 `7 ~S i:~r~.~.dl <br />6EhE6At A71UAfltl <br />