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West Elk Mine
<br />P. Bear, Charles E. Bear and William A. Bear as sellers and Atlantic Richfield Company as purchaser; Warranty Deed
<br />dated January 30, 1979, covering both surface and minerals, exclusive of coal, between Anthony F. Zarlengo and
<br />William A. Bear, as co-executors of the Estate of Virginia M. Bear, Deceased, as sellers, and Atlantic Richfield
<br />Company as purchaser; Warranty Deed dated December 3, 1973, covering both surface and minerals, exclusive of coal,
<br />between James P. Bear and Thelma Bear, husband and wife, as sellers, and Atlanic Richfield Company as purchaser; and
<br />Warrantee Deed dated February 1, 1971 covering both surface and minerals, exclusive of coal, between Walter R.
<br />Buchanan and Dorothy E. Buchanan as sellers and Atlantic Richfield Company as purchaser, embracing the following
<br />described lands in Gunnison County, Colorado:
<br />Township 13 South. Range 90 West. 6 h P.M.
<br />Section 9:That portion of the S '/2 S '/2 lying south of the North Fork of the Gunnison River which tract is
<br />included in those
<br />patents from the United States of America to Tony Bear, recorded in Book 235 at Page 307, Book 356 at
<br />Page 138, and Book 360 at Page 339 of the records of Gunnison County, Colorado, and which tract is also
<br />decribed as Lots 1, 2, and 3 and that part of the SW '/4 SW '/4 lying south of the North Fork of the Gunnison
<br />River; excepting therefrom the following tracts conveyed to the Colorado Department of Highways for
<br />relocation of State Highway 133, by Deeds dated September 16, 1980 and May 13, 1983.
<br />a. A tract or parcel of land No. 5-A of the State Department of Highways, Division of Highways, State of
<br />Colorado, Project No. RS 0133(8) containing 4.13 acres, more or less, in the SE'/4 of Section 9, Township 13
<br />South, Range 90 West, of the Sixth Principal Meridian in Gunnison County, Colorado, said tract or parcel being
<br />more particularly described as follows:
<br />Beginning at a point on theeast line of Section 9, T13S, R90W, 6`?' P.M. from which the SE comer of said
<br />Section 9 bears S. 1° 17' 30" W. a distance of 875.7 feet;
<br />. 1. Thence N. I' 17' 30" E. along said east line a distance of 334.3 feet to thecenter of the North Fork of
<br />the Gunnison River;
<br />2. Thence N. 86° 42' W. along the centerline of said river a distance of 360.0 feet;
<br />3. Thence S. 63°05' W. continuing along the centerline of said river a distance of 200.0 feet;
<br />4. Thence S. 70° 1 P W. continuing along the centerline of said river a distance of 364.3 feet;
<br />5. Thence along the arc of a curve to the left, having a radius of 2,366.8 feet, a distance of 29.9 feet (the
<br />chord of this arc bears S 78° 28' E. a distance of 29.9 feet);
<br />6. Thence S. 81° 44' E. a distance of 355.6 feet;
<br />7. Thence S. 83° 12' E. a distance of 338.8 feet;
<br />8. Thence S. 74° 17' 30" E. a distance of 161.4 feet, more or less to the point of beginning.
<br />b. A tract or parcel of land No. 4 of the State Department of Highways, Division of Highways, State of Colorado,
<br />Project No. RS 133(8) containing 1.025 acres, more or less, in the SE'/4 of the SW'/4 and the W '/z of the SE 1/4
<br />of Section 9, Township 13 South, Range 90 West of the Sixth Principal Meridian, in Gunnison County,
<br />Colorado, said tract or parcel being more particularly described as follows:
<br />Beginning at a point from which the S '/4 corner of Section 9, T13S, R90 W, 6t' P.M., bears S. 4° 54" E., as distance of
<br />1200.3 feet;
<br />1. Thence N 87° 09' E. a distance of 333.0 feet;
<br />02. Thence along the arc of a curve to the right, having a radius of 864.9 feet, a distance of 199.3 feet (the cord of the
<br />arc bears S 79° 09' 30" E. a distance of 198.8 feet);
<br />EXHIBIT 4 PG. 4 NoveMber, 2004 PRIG, Sep. 2007 PR12
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