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HomeMy WebLinkAboutC78-07 Right of Way with State Board of Land CommissionersPo®k 289 gP e b,34 Reoordeel at, 6'0-)u A � v� kug-ust 14, 1979 .... R66or er: Johnnette Phillipst Eagle County RIGHT OF W A Y N0 2295, Book 22 Z. 1. _-HIS EM-E1rLUIEE, Made this 27tin day of July, 1978, bett7ean z. t`:�e S i ' OF CO..: 2'- O, acting day aced th oug% the STAi.E EyOi- D Or^ I.,1, 3, CQNiSSIG. 3, party of the first part and EyGI COUNTY, B(ARZ OF 4. COUNT' CJX.MISSI:��RS, P. G. Box 830, Eao1_, Colorado 81531, party of 5. the second para: W I T N E S S E T H 1. 2. WE.�S, Party of the second part has made application to 2. the said Board of 1,and Co�issiouers for a right-of-way over, upon, under, 3. and across she surface of certain portions of school lands as hereir.,after 4. described for the ;purpose of constructing, reconstructing, operating, and 5. maincaic.ing a maintaaanze facilities site, and 1. 3. VaERE_AS, Said State Board of Land Commissionars has, in 2. manner and form as provided by statute, granted such right-of-way for 3. the purpose aforesaid and none other, upoa the teras and conditions set. o-, fcrtrherein., and has duly ntoria-_d the proper officers of said State 5. to ems: cute this in -denture: 1. 4. NOW, TI'RZEET- OR.y,.1ESE P ..E.sarrS WiTlassEni, That the said 2, party of the first part, in consideration of the premises, and in the 3. xuwthar consideration of the sum. of 5iNtcen Thousand, Three 33uns��...grad -4. T enty-sevan and 42/1:0 Dollars ($16,327.42), lawful =oney of the United 5. States, by second petty to first party in nand paid, the receipt whereof s v. is hereby confessed and acknowledged, has granted and by these presents 7. does gr -ant unto the party of the second part, its successors and assigns, 8. a right-of-way for the purpose of constructing, reconstructing, areratiru„ 9. rand intainin3 a maintenance facilities site, upon, over, under, ar 10. across the surface of those certain portions of school lands described. 2.1, as folla.s: 7 r - CTED r. In the Northwest One-quarter of Section, Si-xteen (Sec. 16), Township Five South (T 5 S), Rage Eighty-one Fest (R 81 tl::, of the Sixth Principal Meridian (6th PM); Eagle County, State of Colorado; Being. -.,a right-of-way more particularly described by metes and bounds as follows: Beginning at a point on the north boundary of U. S. Highway Ido. 6 (Right -of - Way No. 940 Bk. 9) which point bears South 01° 39'30" East a distance of 677.2 feet from the northwest corner of said Sec. 16; Thence South 80* 24' 00" East a distance of 562.0 feet to a point; Thence North 14° 10' 00" East a distance of 202.0 feet to a point; Thence South 74° 00' 00" East a distance of 350.0 feet to the True Point of Beginning; Thence South 021 57' 00" West a distance of 110.160 feet to a point; Thence South 87° 03' 00" East a distance of 208.000 feet to a point; Thence North 02a 57' 00" East a distance of 123.290 feet to a point; Thence South 731 00' 00" West a distance of 63.258 feet to a point; Thence north 87® 03' 00 West a distance of 100.000feet to a point; Thence North 74° 00' 00" West a - distance of 45.000 feet to the True Point of Bagianing. Containing 0.4993 acres more or less. _ 3 1. 5. This grant is made with the understanding that the party of the 2. second part must construct the facility or facilities described above within 3. two years from date ho-reof, failing in which this grant shall be subject to 4. cancellation at the option of the party of the first part. If the party of 5. the first part agrees to extend such construction period, it is understood 18. lower, disconnect or otherwise adjust said facilities. In any event not 19. more than one-half of the expense of said relocation, movement, or rebuild - 20. ing shall be paid by the party of the second part. }`1. 7. This grant of right-of-way is made subject to any and all ease - 2. ments and rights-of-way heretofore legally granted and now in full force and 3. effect, if any there be. 3 6. by the parties hereto that the party of the first part may fix additional 7. consideration based on a reappraisal of said right-of-way at the time of 8. completion of construction of said facilities. 1. 5. All rights to any and all minerals, ores and metals of any kind 2. and character, and all coal, asphaltum, oil, gas, geothermal resources, or 3. other substances in or under said land are hereby reserved to the State of 4. Colorado. In the event the party of the first part should at any time de - 5. sire to occupy or use or permit the occupancy or use of the lands which are 6. subject to the right-of-way herein granted or any portions thereof for any 7. purpose with which the aforesaid facilities would interfere, including the ..8. mining, removing, or recovering of all minerals, ores and metals of every 9. kind and character and all coal, asphaltum, geothermal steam and other sub - 10. stances, in or under said land, then the party of the first part may require 11. the party of the second part to relocate, raise, lower, disconnect, or 12. otherwise adjust the facilities described above at any location or locations 13. where said facilities pass over and across State lands after first, in each 14. case, receiving not less than 90 days` prior written notice from the first 15. party. In such event the party of the second part shall be furnished a 16. similar right-of-way over and across State lands, where ava;labJe and suit - 17. able, free of charge, as a satisfactory right-of-way to relocate, raise, 18. lower, disconnect or otherwise adjust said facilities. In any event not 19. more than one-half of the expense of said relocation, movement, or rebuild - 20. ing shall be paid by the party of the second part. }`1. 7. This grant of right-of-way is made subject to any and all ease - 2. ments and rights-of-way heretofore legally granted and now in full force and 3. effect, if any there be. 3 4 1. 8. The party of the first part reserves the right to cultivate, use 2. and occupy said prerises for any purpose consistent with the right and 3. privilege herein granted and which will not interfere with or endanger any 4. of the facilities of the party of the second part, or use thereof; Such 5. reservation shall in no event include the right to construct any buildings 6. or structures, to impound any water, or to plant trees, or shrubs upon the 7. right -of -gray herein granted. I. 9. The party of the first part shall have the right at any and all 2. times durinthe continuance of this right-of-way to sell or otherwise dis- co 3. pose of said land and to use the sane for all purposes, except as necessar- 4. ily limited by the facility or facilities described above. 1. 10. This right-of-way is made for the sole and only purpose as here- 2. in set forth and no other and it shall not be deemed to give the party of 3. the second part exclusive possession of any part of the land above described; 4. and in the event that the party of the second part, or its successors or as - 5. signs shall at any time use or attempt to use the same for any other purpose 6. whatsoever, then and in that case this right-of-way shall become void and of 7. no effect, and any and all such rights and privileges herein granted shall 8. revert to the party of the first part or its successors in interest. 1. 11. The party of the second part shall have the right to trim trees 2. and shrubbery upon this right-of-way only if such trees or shrubbery should r,v 3. materially interfere with or endanger the proper operation and maintenance 4. of said facilities. 1. 12. This right-of-way does not grant permission, express or implied, kf 2. to the party of the second part, for water exploration, drilling, or es - 3. tabli.shing water wells, without written authorization of the party of the 4. first part. If the party of the second part shall establish any water right 5. on State land, for any use on or off State land, such right shall be, and 6. remain, the property of the party of the first part. `""l. 13. The party of the second part shall not sublet, in whole or in 2. n.art, tha tg'it-of-:-z herein granted, and shall not assign this agreement 3, without the written consent of the first party, :and it is a,reed that any �r . ,... _ 1 ' i. .x_ �, 0 _, c..` ' .`,''r � J .. n 7 11 r '3 1 � k. t� � d :J. _ .� � {� � 4 5. or any of the rights here' -y granted, ,.-itbout such const-nt in writing, shall 6. be absolutely void, and, at the option Of the first party, shall terminate 7. this agreement. CD 1. 14. The party of the second part shall not fence or otherwise ob- 2. struct free and open access to and travel upon, over and across said land, 3. without written authorization of the party of the first part. 1. 15. The party of the second part shall have such rights of ingress 2. and egress as may be necessary for the construction, reconstruction, opera - 3. tion, maintenance and removal of said facilities, but shall not leave open, 4. or permit to be left open, any fences, bars or gates. All such fences, bars 5. or gates which may be damaged or disturbed in any way shall be fully re - 6. stored by the second party. i. 16. In the event that the facility or facilities for which this 2. right -,of -way is granted are to be enlarged, replaced, relocated, or added 3. to in the future, the party of the second part shall advise the party of 4. the first part of such change and furnish surveys, plats and description of 5. the change to the party of the first part. An additional consideration, com- C) 6. mensurate with the damage to the value of the State land, may be required, Q 7. as determined by the first party. 1. 17. The right-of-way herein granted shall continue for as long as 2. the facilities described above are in place and maintained by the second 3. party, provided that should said facilities be abandoned or discontinued for right-of-way a period of twelve (12) consecutive months, this rig and all I rights 5. of the second party hereunder shall automatically and without notice terminate 6. at the end of such twelve (12) month period. 1. 18. The party of the second part may remove said facilities when - 2. ever it may desire and forthwith, upon such removal, the right-of-way herein 3. granted and all rights of the second party under this right-of-way shall 4. terminate, excepting that temporary removal of said facility during recon - 5. struction shall not terminate this right-of-way. 1. 19. In case this right-of-way is terminated for any cause whatsoever, n" '-he saco-nd tl,-,.e lan's occup!.-2,1 by sa-�j ri.slhc- 3. of -way as nearly as possible to candition. 'prior to the construction 4. of the facility or facilitiest if requested to do so in writing by the party 5. of the first part, 1. 20. The party of the second part agrees to assume all liability 2. arising from the exercise of the right-of-way i-.erein granted; including but 3. not limited to, the risk of all injuries, including death resulting there- 4. from, to perso;ts, and damage to and destruction of property, including loss 5. of use thereof, resulting directly or indirectly, wholly or in part, from the 6. prosecution or omission of any work or obligation undertaken or required by 7. this Agreement, and to indemnify and save harmless the first party from and 8. against any and all liability arising therefrom. 1. 21, The party of the second part will pay to the party of the first 2. part the full amount necessary to compensate the first party for damages to 3. its property, rights, franchises or privileges, including legal. liabilities 4. and damages to crops of lessees, resulting from acts or omissions of the 5. second party, its agents or employees, or from the exercise of the right -of 6. way herein granted and the use of the lands of the first party. 1. 22. Any notice which may be given by the party of the first part to 2. the party of the second part may be mailed registered mail to: £r,,�ile .. County, 3• Board of Coun?:y Co==issioni ers, F. 0. Box 850, Eagle, Colorado 51631, 4. or such other address as second party shall furnish to the first party in 5. -writing and in advance of giving such notice, and the second party agrees 6. to advise the first party of any change in said address at any time in the 7. period this right-of-way is in effect. 1. 23. IN WITNESS WHEREOF, The party of the first part has caused 2, these presents to be executed in its name ana in its behalf by the State 3. Board of Land Commissioners and has caused the seal of the State Board of 4. .Land Corsa.issioners to be hereunto affixed; and the party of the second part 5. has hereunto caused these presents to be signed by its 6. and - - 7. and its corporate seal affixed hereto, the day and year first above written. STATE OF COLORADO BOARD OF LAIM COZ-24ISSIONERS President of Register Engineer ENGLE E CIA - By Attest