Laserfiche WebLink
3. Anschutz will promptly and at its cost use its best <br /> efforts to obtain Stipulation or other appropriate agreement approving <br /> the provisions of this Contract relating to said roadway and the land <br /> exchange from Plaintiff in Civil Action No. 7757, Garfield County <br /> District Court. <br /> 4. Anschutz reserves a coal haulage easement (Switchback <br /> Easement) for the use of Anschutz, its successors and assigns in coal <br /> loading operations adjacent to the railroad track for truck turnaround <br /> as shown upon Exhibit "D". <br /> 5. Subject to said coal Switchback Easement Anschutz will, <br /> at closing, execute and deliver its Special Warranty Deed to Redstone <br /> as to that part of Parcel 3 located Southerly of the roadway shown <br /> on Exhibit "C". <br /> 6. At closing, Redstone will execute and deliver its <br /> Special Warranty Deed conveying to Anschutz that portion of Parcel <br /> 1-A, Parcel 2, and Parcel 3 located Northerly of the said roadway as <br /> shown on Exhibit "C". Provided, however, that said conveyance shall <br /> be subject expressly to the condition that if Anschutz' title to said <br /> Parcel C shall be divested in Garfield County Civil Action 7757 by <br /> Utah International, Inc. , or by any mortgagee, as to the roadway or <br /> the track of land to be conveyed to Redstone hereunder by Anschutz, <br /> and Utah International or said mortgagee shall refuse to affirm this <br /> Agreement, then title of Redstone in and to all property conveyed to <br /> Anschutz by said deed shall revert to Redstone and all rights hereby <br /> granted or to be granted to Anschutz shall lapse and this agreement <br /> shall be without prejudice to the rights and claims of Velasquez to <br /> the tract of land on which the shop building is located. <br /> 7. Closing will occur on June 30, 1976, or upon such <br /> different date and at such place as shall be agreed upon by Robert <br /> Delaney and Robert Starzel. <br /> 8. Prior to closing described above, the parties shall <br /> grant and permit to each other full right to occupation, use and <br /> enjoyment of those properties to be conveyed as described above, <br /> 3 - <br />