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<br />,..~, <br />A G R E E M E N T <br />THIS AGREEMENT, is made and entered into this day o£ <br /> <br /> <br />1980, by and between the County of Jackson, State <br />of Colorado, hereinafter referred to as the "County", and Kerr <br />Coal Company, a Colorado corporation, hereinafter referred to as <br />"Kerr". <br />IT IS HEREBY MUTU??.LY AGREED between the County and Kerr as <br />follows: <br />1. In order to expand its existing open cut coal mining <br />t <br />• <br /> <br />• <br />operations in Jackson County, Rerr agrees to provide, either directly <br />or indirectly, any and all equipment and/or labor necessary to con- <br />struct and relocate a portion of Jackson County Road 12 East. The <br />relocated portion of Jackson County Road 12 East, which Kerr agrees <br />to .construct, is described as follows: <br />A parcel of land located in Sections 26 and 25, Township 9 <br />North, Range 78 West of the 6th P.M., Jackson County, Colorado; <br />said parcel being a 100 foot right-of-way, whose centerline is <br />more particularly described as follows: <br />Beginning at a point located in the NE 1/4 SW 1/4 of said <br />Section 26 whose centerline station is PC 0 + 00, from which <br />the SW corner of said Section 26 bears 5 42°26'05" W, 2003.12 <br />feet; thence along a 4.5° curve to the left (whose radius is <br />1273.33 feet and whose delta angle is 27°09'30"), a distance of <br />603.52 feet, to centerline station PT 6 + 3.52; thence con- <br />tinuing along said centerline N 30°27'13" E, 940.66 feet, to <br />centerline station 15 + 44.18, said point lying on the East-t4est <br />centerline of Section 26, from which the E 1/4 corner of <br />Section 26 bears N 88°43'03" W, 3036.08 £eet; thence <br />N 30°27'13" E,780.61 feet, to a point on the North-SOUth~Center- <br />line of said Section 26, from which the S 1/4 corner of Section <br />26 bears S 00°19'22" W, 3389.39 feet; thence along said center- <br />line N 30°27'13" E, 53.55 feet, to PC station 23 + 78.34; <br />thence along a 6.5° curve to the right (whose radius is 881.54 <br />feet and whose delta angle is 69°47'13") a distance of 1073.59 <br />feet, to PT station 34 + 51.93; thence S 79°45.34" E, 1574.01 <br />feet, to centerline station PC 50 + 25.94; thence along a 6.5° <br />curve to the right 172.22 feet, to a point on the West line of <br />Section 25, from which the W 1/4 corner of said Section 25 <br />bears 5 1°14'16" W, 883.60 feet; thence continuing along said <br />5.5° curve to the right 909.92 feet, to PT station 61 + 08.06; <br />thence S 20°14'21" E, 284.29 feet to a point on the East-Hest <br />centerline of said Section 26, said point being centerline <br />station 63 + 92.35, from which the W 1/4 corner of said Section <br />25 bears N 89°43'35' W, 743.42 feet; thence 5 20°14'21' E, <br />1743.62 feet, to centerline station PC 81 + 35.94; thence along <br />a 9° curve to the left (whose radius is 636.62 feet and whose <br />delta angle is 56°08'02"), a distance of 623.70 feet, to center- <br />line station PT 87 + 59.64, said point being the terminus of <br />said R.O.W., from which the S 1/4 corner of Section 26 bears <br />S 53°56'43" E, 1035.04 feet; said R.O.W, containing 20.11 acres. <br />Page 1 of d <br />