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HomeMy WebLinkAboutC03-281 State Board of Land Commissioners Right-off Way 3229, Book 32 App 03/086 This Right-of--Way made this 12th day of September, 2003 between the State of Colorado (Grantor), acting by and through the State Boazd of Land Commissioners (aka. State Land Boazd), and the Eagle County Board of County Commissioners (Grantee), whose address is Witnesseth Whereas, Grantee has applied to the State Land Boazd for aright-of--way across certain portions of state trust lands for the purpose of constructing, operating, and maintaining a permanent public, multi use, non-motorized trail, and Whereas, the State Land Boazd has approved the application subject to the terms and conditions set forth herein. Now therefore, the State Land Boazd, in consideration of the terms and conditions herein, and for the consideration of Thirteen Thousand Four Hundred Seventy and No/100 Dollars ($13,470.00), grants unto the Grantee, aright-of--way for the purpose of constructing, operating, and maint 'ate a permanent public, multi use, non motorized trail across certain portions of state trust lands described as follows: Township 5 South, Range 85 West of the 6th PM, Eagle County Colorado Section 16: E1/2 and NWl/4 A strip of land twenty (20) feet wide lying and being ten (10) feet on each side of the following described centerline. Beginning at a point on the South line of the Southeast '/a of said Section 16 from which a found General Land Office brass cap monument marking the Southeast corner of said Section 16 beazs N 83°41'44" E, 827.83 feet; Thence N 44°52'41" W, a distance of 40.06 feet; Thence 24.57 feet along the azc of a curve to the left having a radius of 300.00 feet, a central angle of 04°41'32" and a chord which beazs N 47°13'2T' W, 24.56 feet; Thence N 49°34' 13" W, a distance of 81.42 feet; Thence N 51°55'ST' W, a distance 38.30 feet; IY%II II IIII'~I I~IIII VIIIIA III 853 :a ?~..~ Thence 18.93 feet along the azc of a curve to the left having a radius of 300.00 feet, a central angle of 03°36'55" and a chord which bears N 53°44'25" W, 18.93 feet; Thence N 55°32'52" W, a distance of 69.19 feet to the point of curvature of a curve to the right having a radius of 300.00 feet, a central angle of 15°19'49" and a chord which bears N 47°52'58" W, 80.03 feet; Thence along the azc of said curve, at 12.13 feet intersect the easterly line of the Interstate 70 right-of--way, continuing a total distance of 80.27 feet to the point of tangency of said curve; Thence N 40°13'04" W, a distance of 51.22 feet; Thence 140.00 feet along the azc of a curve to the right having a radius of 300.00 feet, a central angle of 26°44' 16" and a chord which bears N 26°50'56" W, 138.73 feet; Thence N 13°28'48" W, a distance of 67.89 feet; Thence 47.02 feet along the arc of a curve to the right having a radius of 200.00 feet, a central angle of 13°28' 11" and a chord which beazs N 06°44'42" W, 46.91 feet; Thence N 00°00'3T' W, a distance of 121.74 feet; Thence 71.02 feet along the azc of a curve to the right having a radius of 300.00 feet, a central angle of 13°33'4T' and a chord which beazs N 06°46' 1 T' E, 70.85 feet; Thence N 13°33' 11" E, a distance of 253.70 feet; Thence 267.95 feet along the azc of a curve to the left having a radius of 600.00 feet, a central angle of 25°35' 13" and a chord which beazs N 00°45'34" E, 265.72 feet; Thence N 12°02'02" W, a distance of 294.49 feet; Thence 24.17 feet along the azc of a curve to the right having a radius of 600.00 feet, a central angle of 02°18'30" and a chord which bears N 13° 11' 1 T' W, 24.17 feet; Illllllllllllllllllplllllllllllllllllllllll~lhlkn 853''?„~ • • Thence N 14°20'32" W, a distance of 209.37 feet; Thence 402.10 feet along the azc of a curve to the left having a radius of 975.00 feet, a central angle of 23°37'46" and a chord which beazs N 26°09'26" W, 399.26 feet; Thence N 37°58' 19" W, a distance of 293.83 feet; Thence 164.10 feet along the azc of a curve to the left having a radius of 200.00 feet, a central angle of 47°00'43" and a chord which bears N 61°28'40" W, 159.54 feet; Thence N 84°59'02" W, a distance of 78.95 feet to the point of curvature of a curve to the right having a radius of 200.00 feet, a central angle of 12°43'23" and a chord which beazs N 78°37'20" W, 44.32 feet; Thence along the azc of said curve, at 31.42 feet intersect the northeasterly line of the Interstate 70 right-of--way, continuing a total distance of 44.41 feet to the point of tangency of said curve; Thence N 72°15'39" W, a distance of 201.30 feet; Thence 19.76 feet along the azc of a curve to the right having a radius of 300.00 feet, a central angle of 03°46'25" and a chord which beazs N 70°22'27" W, 19.76 feet; Thence N 68°29' 14" W, a distance of 112.46 feet; Thence 10.69 feet along the arc of a curve to the left having a radius of 200.00 feet; a central angle of 03°03'42" and a chord which bears N 70°01'05" W, 10.69 feet; Thence N 71°32'56" W, a distance of 76.87 feet; Thence 24.34 feet along the arc of a curve to the right having a radius of 200.00 feet, a central angle of 06°58'22" and a chord which beazs N 68°03'45" W, 24.32 feet; Thence N 64°34'34" W, a distance of 54.90 feet; IUNIII~hI~IUIVIVW~N~INI~nIININl,Bw'?'? • Thence 13.65 feet along the azc of a curve to the left having a radius of 200.00 feet, a central angle of 03°54'40" and a chord which bears N 66°31'54" W, 13.65 feet; Thence N 68°29' 14" W, a distance of 55.89 feet; Thence 36.28 feet along the azc of a curve to the right having a radius of 30.00 feet, a central angle of 69°17'54" and a chord which mars N 33°50' 17" W, 34.11 feet; Thence N 00°48'40" E, at 19.67 feet intersect said northeasterly line of the Interstate 70 right-of--way, continuing a total distance of 28.18 feet; Thence 31.29 feet along the azc of a curve to the left having a radius of 20.00 feet, a central angle of 89°38'01" and a chord which bears N 44°00'20" W, 28.19 feet; Thence N 88°49'21" W, a distance of 42.40 feet; Thence 20.40 feet along the azc of a curve to the right having a radius of 60.00 feet, a central angle of 19°28'ST' and a chord which bears N 79°04'52" W, 20.30 feet; Thence N 69°20'23" W, a distance of 33.78 feet to the point of curvature of a curve to the left having a radius of 50.00 feet, a central angle of 25°36'08" and a chord which bears N 82°08'2T' W, 22.16 feet; Thence along the azc of said curve, at 16.55 feet intersect said northeasterly line of the Interstate 70 right-of--way, continuing a total distance of 22.34 feet to the point of tangency of said curve; Thence S 85°03'29" W, a distance of 6.38 feet to the Point of Termination of the above descnbed strip of land from which the aforesaid Southeast comer of Section 16 bears S 44°39'29" E, 3658.62 feet. The side lines of said strip of land aze to be lengthened or shortened to terminate at the south line of the Southeast I/4 of said Section 16. IIflIIIII~INI~II~IINIIIINIIIIMI~NI~lnlnll,853?'? • Said strip of land contains 1.688 acres, more or less. Bearings contained herein aze based on grid bearings of the Colorado State Plane Coordinate System, Central Zone. The basis of grid bearing is the line in between Eagle County GIS stations "T 280" (a USC and GS disk on a headwall) and "Woodman" (a NGS disk "1994" in a boulder). That bearing being N 53°49'23" W. Terms and Conditions 1. This right-of--way grant is made for the sole purpose described and no other purpose or use is permitted. Grantee shall operate said grant as if it were a county road per Colorado Revised Statutes Title 43 Transportation, subject to the terms and conditions herein. If Grantee uses or attempts to use the lands for any other purpose whatsoever, then this right-of--way shall become void and of no effect, and shall revert to the State Land Boazd or its successors. 2. This right-of--way grant is not exclusive. It is subject to any and all uses, easements and rights-of--way granted previously. The State Land Boazd reserves the right to use, or permit the use of; these same lands for any new purpose which will not unreasonably interfere with the trail, or endanger any of the facilities of the Grantee, or use thereof Grantee agrees to permit and not interfere with such new or additional uses. 3. The Grantee shall not sublet or assign, in whole or in part, this right-of--way unless the State Land Boazd, at its sole discretion, gives written authorization. Any transfer or assignment, or attempted transfer or assignment, of any of the rights granted, without such consent in writing, shall be absolutely void, and at the option of the State Land Board, shall terminate this agreement. 4. The State Land Boazd reserves the right at any and all times during the continuance of the right-of--way to sell, exchange, or otherwise dispose of the underlying or adjoining lands. . 5. If Grantee fails to open said route for use as a public trail within two (2) yeazs from the date hereof; this grant shall be subject to cancellation at the option of the State Land Boazd. If the State Land Boazd agrees to extend such period, the State Land Boazd may fix additional consideration at the time of opening of the trail for public use. 6. Upon completion of the trail and facilities, the Grantee agrees to restore any adjoining land disturbed during construction, as neaz as practicable to its original condition, unless otherwise agreed to in writing by the State Land Boazd. 7. The Grantee shall not fence or otherwise obstruct free and open access to the public, and travel upon said trail, without written authorization from the State Land Boazd. ~lpll@II~IIIIIA~IIN~~I 853 t]2 8. If the trail is to be enlarged, replaced, relocated, or added to in the future, the Grantee shall advise the State Land Board of such change and furnish surveys, plats, and description of the change to the State Land Boazd for approval. In that event the State Land Board may, at its sole discretion, require the Grantee to pay additional consideration. 9. Grantee shall not establish a water use, water permit, or water right unless the State Land Boazd at its sole discretion gives written authorization. If the Grantee uses or establishes any water right on the state land, for any use on or off state land, such right shall become and remain the property of the State Land Boazd. 10. All rights to any and all minerals, ores, and metals of any kind and character, and all coal, asphaltum, oil, gas, geothermal resources, or other substances in or under said land are reserved to the State of Colorado. If the State Land Boazd desires to occupy or use, or permit the occupancy or use of, the lands which aze subject to the right-of--way herein granted, or any portion thereof; for any purpose with which the aforesaid facilities would interfere, including the mining, removing, or recovering of all minerals, ores, and metals of every kind and character and all coal, asphaltum, geothermal, steam, and other substances in or under said land, then the State Land Board may require the Grantee to relocate its road and facilities after first receiving not less than ninety (90) days' prior written notice from the State Land Boazd. In such event, the Grantee shall be furnished a similar right-of--way over and across state land, where avar7able and suitable, free of chazge to relocate or otherwise adjust said trail and facilities. 11. The right-of--way granted herein shall continue until termination for cause or expiration of term, whichever occurs first. If the use of said trail is abandoned for twelve (12) consecutive months, this right-of--way or any unused portion thereof shall automatically and without notice terminate. 12. The Grantee may close and remove the trail during the term granted. Upon such removal, the right-of--way shall terminate, except that temporary removal or closure of said trail darting maintenance or approved reconstruction shall not terminate this grant. 13. Upon termination of this right-of--way the Grantee shall restore the premises as neazly as possible to the condition they were in prior to the grant of right of way and construction of the trar7, unless otherwise requested or agreed to by the State Land Boazd. 14. To the extent allowed by law, the Grantee assumes all liability arising from the exercise of this right-of--way, including but not limited to the risk of all injuries, inchuding death, resulting therefrom to persons and damage to property, including loss of use thereof; and all taxes, fees, assessments or chazges, resulting directly or indirectly, wholly or in part, from this right- of-way and to indemnify, save harmless and defend the State Land Boazd from and against any and all liability arising therefrom IIIIIIIIIRINIIAIIIIIINIAII~IIIIIII~NIIII~IIII 85'~'z , • ~ 15. The Grantee will pay full compensation to the State Land Board for damages to its property, rights, franchises or privileges, including liabilities and damages to its lessees and other thhd parties resulting from acts, omissions, or use of the lands or rights granted under this right-of- way. 16. Failure to comply with any term or condition contained in this right-of--way grant shall be grounds for termination by the State Land Board. 17. A plat and survey performed by Dana B. Spigener, Colorado Registered Professional Land Surveyor No. 33655 dated March 6, 2003 Colorado was submitted by the applicant to depict the location of this grant. Said plat is hereby made a part of this right-of--way document for locational purposes, but shall not prevail over the terms and conditions herein. Approved and grasrted: State of Colorado, by the State Board of Lam Commissioners J. Castilian, Director ;;A .\ ~-~ ,1.~< < . ~~L rJ ~ '~~ ~~r~ . Approved and accepted: Eagle County, by the Board of Conntv Commissioners Signature Signature Date: `~ ~ 23 / a ~ in~i~uii~iiuwihiniNiui~hNiiii~iHUiui 853~z x