HomeMy WebLinkAboutC96-018 United States of America0'96
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Form 1860-9 je Eniteb Otateg; of Z ierica
(January 1988)
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Colorado 50898 o all to Whom tbeoe preanto shall come, Orttting:
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WHEREAS
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The County of Eagle, State of Colorado,
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is entitled to a land patent pursuant to the Recreation and Public Purposes
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Act of June 14, 1926, as amended and supplemented (43 U.S.C. 869; 869-1 to
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869-4), for the following described land:
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Sixth Principal Meridian, Colorado,
\ T. 4 S., R. 83 W.,
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G containing 8.64 acres.
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NOW KNOW YE, that the UNITED STATES OF AMERICA, in consideration of the
premises, and in conformity with the said Act of Congress, HAS GIVEN AND
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GRANTED, and by these presents DOES GIVE AND GRANT unto the said County of
Eagle, State of Colorado, the land above described, for a law enforcement
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firearms training site, TO HAVE AND TO HOLD the same, together with all the
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rights, privileges, immunities, and appurtenances, of whatsoever nature,
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thereunto belonging, unto the said County of Eagle, State of Colorado, and
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its successors and assigns, forever; and
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EXCEPTING AND RESERVING TO THE UNITED STATES:
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1. A right-of-way thereon for ditches and canals constructed by the
authority of the United States under the Act of August 30, 1890
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(43 U.S.C. 945); and
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2. All mineral deposits in the land so patented, and to it, or persons
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authorized by it, the right to prospect for, mine and remove such
deposits from the same under applicable law and regulations to be
established by the Secretary of the Interior.
SUBJECT TO the following:
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1. The County of Eagle, State of Colorado, and its successors or O
assigns, shall comply with all Federal and State laws applicable to
the disposal, placement, or release of hazardous substances
(substance as defined in 40 CFR Part 302). p
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Patent Number
4�5-�Ib-00 .12
Page 1 of 3
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01.
Colorado 50898
2. The County of Eagle, State of Colorado, its successors or assigns,
assumes all liability for and shall defend, indemnify, and save
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harmless the United States and its officers, agents, representatives,
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and employees (hereinafter referred to in this clause as the United
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States), from all claims, loss, damage, actions, causes of action,
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expense, and liability (hereinafter referred to in this clause as
claims) resulting from, brought for, or on account of, any personal
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injury, threat of personal injury, or property damage received or
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sustained by any person or persons (including the patentee's
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employees) or property growing out of, occurring, or attributable
directly or indirectly, to the use of firearms or explosives on, or
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the disposal, placement or release of hazardous substances from,
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lot 13, section 3, T. 4 S., R. 83 W., Sixth Principal Meridian,
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Colorado, regardless of whether such claims shall be attributable to:
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(1) the concurrent, contributory, or partial fault, failure, or
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negligence of the United States or (2) the sole fault, failure, or
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negligence of the United States.
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3. The described land is conveyed for utilization as a law enforcement
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firearms training facility. The land may contain small quantities of
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commercial and household hazardous waste as determined in the
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Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C.
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6901), and defined at 40 CFR 261.4 and 261.5.
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Provided, that the title shall revert to the United States upon a
finding, after notice and opportunity for a hearing, that the patentee has not
substantially developed the land in accordance with the approved plan of Nv
development on or before the date five years after the date of conveyance. No
portion of the land shall under any circumstance revert to the United States p
if any such portion has been used for any purpose which may result in the
disposal, placement, or release of any hazardous substance. w
Further provided that if, at any time, the patentee transfers to another
party ownership of any portion of the land not used for the purpose(s)
specified in the application and approved plan of development, the patentee
shall pay the Bureau of Land Management the fair market value, as determined
by the authorized officer, of the transferred portion as of the date of
transfer, including the value of any improvements thereon.
In addition to the above, the grant of the described land is subject to
the following reservations, conditions, and limitations:
1. The patentee or its successor in interest shall comply with and shall
not violate any of the terms or provisions of Title VI of the Civil Rights
Act of 1964 (78 Stat. 241), and requirements of the regulations, as modified
or amended, of the Secretary of the Interior issued pursuant thereto (43 CFR
17) for the period that the land conveyed herein is used for the purpose for
which the grant was made pursuant to the act cited above, or for another Q;
purpose involving the provision of similar services or benefits.
Patent Number
Page 2 of 3
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Form 1860-10 Lv
(April 1988)
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Colorado 50898 00
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2. The United States shall have the right to seekjudicial enforcement of o0
the requirements of Title VI of the Civil Rights Act of 1964, and the terms °'
and conditions of the regulations, as modified or amended, of the Secretary ro
of the Interior issued pursuant to said Title VI, in the event of their 1
violation by the patentee. t°
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3. The patentee and its successors in interest will, upon request of the
Secretary of the Interior or his delegate, post and maintain on the property 0
conveyed by this document signs and posters bearing a legend concerning the
applicability of Title VI of the Civil Rights Act of 1964 to the area or to
facility conveyed.
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4. The reservations, conditions, and limitations contained in paragraphs 1-3 0
shall constitute a covenant running with the land, binding on the patentee
and its successors in interest for the period for which the land described
herein is used for the purpose for which this grant was made, or for another OD
purpose involving the provision of similar services or benefits. ,d
5. The assurances and covenant required by paragraphs 1-4 above shall not w
apply to ultimate beneficiaries under the program for which this grant is
made. "Ultimate beneficiaries" are identified in 43 CFR 17.12(h). 0
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IN TESTIMONY WHEREOF, the undersigned authorized officer of the
Bureau of Land Management, in accordance with the provisions
of the Act of June 17, 1948 (62 Stat. 476), has, in the name of the
United States, caused these letters to be made Patent, and the Seal
of the Bureau to be hereunto affixed.
GIVEN under my hand, in LAKEWOOD, COLORADO
[SEAL] the TWELFTH day of JANUARY
in the year of our Lord one thousand nine hundred and
NINETY—SIX and of the Independence of the
United States the two hundred and TWENTIETH.
Byqg��, , xe A",k—_-,
Q� R alty 0 fir, Colorado State Office
Patent Number VS-9V-�i��
cePage 3 of 3
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