|
STATE OF COLORADO
<br />BOARD OF LAND COMMISSIONERS
<br />RIGHT -OF -WAY CONTRACT ON STATE TRUST LANDS
<br />2 "d Amendment to Right -of -Way No. 2278 Book 22
<br />' This is an Amendment, hereinafter referred to as AMENDMENT, to Right -of -Way No. 2278 Book 22 made
<br />this 9th day of December, 2007 between the State of Colorado, acting by and .through the STATE BOARD OF
<br />LAND COMMISSIONERS (Grantor), whose address is 1313 Sherman Street, Suite 621, Denver CO 80203 and
<br />Hayden Gulch Terminal, Inc. (Grantee), whose mailing address is 701 Market Street, St. Louis, MO 63101.
<br />WITNESSETH
<br />WHEREAS, Right -of -Way 2278 Book 22 was issued to 14 -G Coal Company on April 27, 1978; and
<br />WHEREAS, an Amended and Assigned Right -of -Way to Right -of -Way 2278 Book 22 was issued on December
<br />9, 1992 which replaced the terms and conditions of Right -of -Way 2278 Book 22; and
<br />WHEREAS, Grantee has applied to the Grantor to amend the amended and assigned existing Right -of -Way
<br />Contract No. 2278 Book 22 to.extend the term of thirty years to the 9 of December, 2037 for a right -of -way across
<br />certain portions of state trust lands within Routt County for • the purpose of constructing, reconstructing, operating,
<br />and maintaining a railroad spur, a coal loadout and facilities appurtenant thereto, upon, over, under and across the
<br />surface of the surface of certain portions of state trust lands and;
<br />NOW THEREFORE, the Grantor for the consideration of Forty Nine Thousand One Hundred Seventeen
<br />and 12/100 Dollars ($49,117.12), agrees to amend the amended Right -of -Way Contract No. 2278 Book 22, to
<br />extend the term of thirty years to expire on the 9 of December, 2037 for the purpose of constructing, reconstructing,
<br />operating, and maintaining a railroad spur, a coal load -out and facilities appurtenant thereto, upon, over, under and
<br />across the surface of the surface of certain portions of state trust lands described as follows:
<br />Township 6 North, Ranee 88 West of the 6th P.M., Routt County
<br />Section 14: NWNW, SENW, NESW
<br />In the Northwest quarter of the Northwest quarter (NWNW) of Section Fourteen
<br />(Section 14), Township Six North (T6N), -Range .Eight-eight West (R88W),
<br />Sixth Principal Meridan (6 P.M.); Routt County, State of Colorado;
<br />Beginning at a point on the west boundary of said Section 14, which point bears
<br />South 00" 16' 53" East a.distance'of 334.12 feet from the northwest comer of
<br />said Section 14;
<br />Thence on a curve to the left an arc distance of 222.19 feet to a point, said curve
<br />having a radius of 5629.65 feet, a central angle of 02° 15' 41" and a chord
<br />which bears South 45n 13' 54" East a distance of 222.18 feet;
<br />Thence South 46 " 21' 45" East a distance. of 893.22 feet to a point;
<br />Thence on a curve to the right'an are distance of 281.91 feet to a point, said
<br />curve having a radius of 2009.88 feet, a central angle of 08 " 02' 11 ", and a
<br />chord which bears South 42 ° 20' 39" East a distance of 281.68 feet;
<br />Thence North 88 " 49' Oi" West along the south boundary of said NWNW
<br />quarter of Section 14, a distance of 989.41 feet to the southwest comer of
<br />said NWNW quarter of Section 14;
<br />Thence North 00° 16' 53" West along the west boundary of said Section 14,_a
<br />distance of 960.65 feet to the point of beginning.
<br />Containing 11.118 acres, more or less.
<br />Bearings are based on the assumption that the west boundary of the Northwest
<br />Quarter (NW) of said Section 14 bears North 00 ° 16' 53" West;
<br />And
<br />In the Southeast quarter of the Northwest quarter (SENW) and the Northeast
<br />quarter of the Southwest quarter (NESW) of Section Fourteen (Section 14),
<br />Township Six North (T6N), Range Eight -eight West (R88W), Sixth Principal
<br />Meridian (6 P.M.), Routt County, State of Colorado;
<br />Beginning at a point on the west boundary of said SENW quarter of Section 14,
<br />which point bears North 76 ° ST 49" East a distance of 1354.18 feet from the
<br />west quarter corner of said Section 14;
<br />2n Right -of -Way Amendment to No. 2278 Book 22 Revised December 11, 2008
<br />-Page 1 of2-
<br />MR -I S 3 -4.30c
<br />Revised 09/09
<br />
|