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and being in the County of Garfield and State of Colorado, <br /> to-wit: <br /> A tract of land situate in Section 34 , Township 7 South, <br /> Range 88 West of the 6th Principal Meridian, being more <br /> particularly described as follows : <br /> Beginning at a point on the southerly right-of-way line of <br /> Merrill Avenue, Town of Carbondale, County of Garfield, <br /> State of Colorado whence .the survey monument at the inter- <br /> section of the center lines of 4th Street and I•'lain Street in <br /> said Town of Carbondale bears S 27°4628" E 1687 . 92 feet; <br /> thence along the boundary of a tract of land described in <br /> Book 425, at Page 103 of the records of the Clerk and Recorder <br /> of Garfield County, Colorado the following courses : thence <br /> S 00003 ' 00" W 100 . 00 feet; thence S 89 °57 ' 00" E 100 . 00 feet; <br /> thence N 00003 ' 00" E 100. 00 feet to said southerly right-of- <br /> way line -of I-errill Avenue; thence S 89°57 ' 00" E 530 . 11 feet <br /> along the southerly right-of-way line of Merrill Avenue <br /> extended easterly thence S 30°41 ' 20" E 283 . 81 feet; thence S <br /> 47059 ' 12" E 705. 63 feet; thence S 87°44 ' 35" W 119 . 23 feet; <br /> thence S 16005131" « 201. 11 feet to the northeasterly right- <br /> of-way line of the Denver and Rio Grande Western Railroad; <br /> thence along said railroad right-of-way line the following <br /> courses : N 62021 ' 00" W 368 . 41 feet; thence is 00146 ' 30" E <br /> 112. 28 feet; thence N 62027100". W 201 . 93 feet; thence S <br /> 01033 ' 00" W 111 . 01 feet; thence N 62°05 ' 00" W 767 . 96 feet; <br /> thence leaving said right-of-way line N 05°00 ' 07" E 257 . 67 <br /> feet; thence N 36°22 ' 21" W 41. 00 feet to said southerly <br /> right-of-way of Merrill Avenue; thence S 89°57 ' 00" E 62 . 93 <br /> feet to the point of beginning, containing 12. 45 acres more <br /> or less. <br /> TO HAVE AND TO HOLD the same, together with all <br /> and singular the privileges and appurtenances thereunto be- <br /> longing forever; provided always, that if first party, its <br /> successors and assigns, shall pay or cause to be paid to <br /> second party any amounts required to be paid under said <br /> Reclamation Bond, not to exceed $765, 000. 00 , and shall in <br /> the meantime keep and perform the covenants and agreements <br /> herein contained, then these presents shall be null and <br /> void, otherwise remain in full force and effect until released <br /> by order of the second party duly recorded, or by operation <br /> of law. <br /> Party of the first part covenants and agrees that <br /> it will pay in due season all taxes and assessments levied <br /> - 2 - <br />