HomeMy WebLinkAboutC96-019 United States of AmericaForm 1860-9
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(January 1988)
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Colorado 57652
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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
Act of June 14, 1926 (44 Stat. 741), as amended and supplemented (43 U.S.C.
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869; 869-1 to 869-4), for the following described land:
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Sixth Principal Meridian, Colorado,
T. 2 S., R. 84 W.,
sec. 9, lot 2,
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containing 2.28 acres.
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NOW KNOW YE, that the UNITED STATES OF AMERICA, in consideration of the
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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 highway maintenance
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facility purposes only, TO HAVE AND TO HOLD the same, together with all the
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rights, privileges, immunities, and appurtenances, of whatsoever nature,
thereunto belonging, unto the said County of Eagle, State of Colorado, and
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its 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
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authority of the United States, pursuant to the Act of August 30,
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1890 (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, mine, and remove such
deposits from the same under applicable law and regulations to be
established by the Secretary of the Interior.
3. The right to itself, its permittees or licensees, to enter upon,
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occupy, and use any part or all of the said lands necessary, in the
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judgment of the Federal Energy Regulatory Commission, for the
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purposes of Part 1 of the Federal Power Act of August 26, 1935, as
amended (16 U.S.C. 818); and no claim or right to compensation
shall accrue from the occupation or use of any of the said land for
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said purposes. The United States or any licensee for any such land
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hereunder may enter thereupon for the purposes of Part 1 of the
Federal Power Act upon payment of any damages to crops, buildings,
or other improvements caused thereby to the owner therof, or upon
giving a good and sufficient bond to the United States for the use
and benefit of the owner to secure the payment of such damages as
may be determined and fixed in an action brought upon the bond in a
court of competent jurisdiction, said bond to be in the form,
prescribed by the Federal Energy Regulatory Commission.
Patent number Page 1 of 3
Colorado 57652
SUBJECT TO those rights for buried telephone line purposes as have been
granted to Eagle Telecommunications, Inc., its successors and assigns, by
right-of-way Colorado 27649 under the Act of February 15, 1901, as amended
(43 U.S.C. 959 (1988)) across lot 2 of section 9, T. 2 S., R. 84 W., Sixth
Principal Meridian, Colorado. The right-of-way is a valid existing right
unaffected by the partial repeal on October 21, 1976, of its authorizing Act
by Title VII of P.L. 94-579 (90 Stat. 2743, 2786, 2793).
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 lands in accordance with the approved plan of
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 if any such portion has been used for solid waste disposal or for any
other purpose which may result in the disposal, placement, or release of any
hazardous substance.
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.
Eagle County, its successors or assigns, assumes all liability for and shall
defend, indemnify, and save harmless the United States and its officers,
agents, representatives, and employees (hereinafter referred to in this
clause as the United States), from all claims, loss, damage, actions, causes
of action, expense, and liability (hereinafter referred to in this clause as
claims) resulting from, brought for, or on account of, any personal injury,
threat of personal injury, or property damage received or sustained by any
person or persons (including the patentee's employees) or property growing
out of, occurring, or attributable directly or indirectly, to the disposal
of solid waste on, or the release of hazardous substances from lot 2 of
section 9, T. 2 S., R. 84 W., Sixth Principal Meridian, Colorado, regardless
of whether such claims shall be attributable to: (1) the concurrent,
contributory, or partial fault, failure, or negligence of the United States,
or (2) the sole fault, failure, or negligence of the United States.
Patent Number z05-911--1,)OJ9 Page 2 of 3
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Form 1860-25 �!
(May 1989)
Colorado 57652
The grant of the herein described lands is subject to the following reservations, conditions, and limitations:
(1) The patentee or his (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 lands conveyed herein are used for the purpose for which the grant was made pursuant to the act cited above, or for another purpose involving the
provision of similar services or benefits.
(2) If the patentee or his (its) successor in interest does not comply with the terms or provisions of Title VI of the Civil Rights Act of 1964, and the requirements
imposed by the Department of the Interior issued pursuant to that title, during the period during which the property described herein is used for the purpose for
which the grant was made pursuant to the act cited above, or for another purpose involving the provision of similar services or benefits, the Secretary of the
Interior or his delegate may declare the terms of this grant terminated in whole or in part.
(3) The patentee, by acceptance of this patent, agrees for himself (itself) or his (its) successors in interest that a declaration of termination in whole or in part of
this grant shall, at the option of the Secretary or his delegate, operate to revest in the United States full title to the lands involved in the declaration.
(4) The United States shall have the right to seek judicial enforcement of 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 of the Interior issued pursuant to said Title VI, in the event of their violation by the
patentee.
(5) The patentee or his (its) successor in interest will, upon request of the Secretary of the Interior or his delegate, post and maintain on the property 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 facility conveyed.
(6) The reservations, conditions, and limitations contained in paragraphs (1) through (5) shall constitute a covenant running with the land, binding on the
patentee and his (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
purpose involving the provision of similar services or benefits.
(7) The assurances and covenant required by sections (1)—(6) above shall not apply to ultimate beneficiaries under the program for which this grant is made.
"Ultimate beneficiaries" are identified in 43 CFR 17.12(h).
582939 B-686 P-936 01/29/96 05:22P PG 3 OF 3
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.
[SEAL] GIVEN under my hand, in LAKEWOOD, COLORADO
the THIRTIETH day of NOVEMBER
in the year of our Lord one thousand nine hundred and
t NINETY—FIVE and of the Independence of the
United States the two hundred and TWENTIETH.
By A C4
Rea ty Officer, Division of Resource
Patent Number 35-96-0009 Services.
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