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Home My WebLink AboutC97-276 Rocky Mountain Natural Gas CompanyC97 2764 7 3k GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the COUNTY OF EAGLE, STATE OF COLORADO (hereinafter referred to as "Grantor") for valuable consideration, grants, sells and conveys to the Rocky Mountain Natural Gas Company, its successors and assigns (hereinafter collectively referred to as "Grantee"), a right-of-way for the purpose of laying, constructing, operating, inspecting; maintaining, repairing, replacing, substituting, relocating and removing a pipeline six inches in diameter for the transportation of natural gas at a location and on a route shown on Exhibit "A" attached hereto and incorporated herein by this reference ("right-of-way") which is a part of the property commonly known as the Eagle County Fairgrounds, Eagle County, Colorado ("premises"). The rights granted in this agreement shall be possessed and enjoyed by Grantee, its successors and assigns, so long as the pipeline and appurtenances constructed pursuant to this agreement shall be maintained and operated by Grantee, its successors or assigns. Grantor reserves the right to use and enjoy the premises to the fullest possible extent without unreasonable interference with the exercise by Grantee of the rights granted in this agreement. Without limiting the foregoing, Grantor reserves the right to fence the whole or any part of the boundaries of the right-of-way, to build fences crossing the right-of-way, and to place along, across, over and though the right-of-way as many roads, streets, sidewalks, passageways, electric and power lines, water lines, sewer lines, gas lines, telephone poles, telephone lines and other utilitiesas Grantor may desire, subject only to the right of Grantee to use the same for purposes herein specified. Grantee agrees to bury its pipeline and all appurtenances to a depth that is sufficient to avoid any interference with recreation uses or drainage of the premises. Grantee agrees to restore any disturbed surface on the premises to its condition prior to Grantee's disturbance of it. After the installation of any pipeline on the right-of-way, and after the abandonment or other termination of this grant for any reason, Grantee shall remove all pipe an other property placed on the premises by or for Grantee, fill and level all ditches, ruts, and depressions caused by construction or removal operations, remove all debris, remove all stakes and posts and generally restore the surface of the premises as near to its original condition as may be possible, all wLthin a reasonable time after the installation of the pipeline the abandonment or other termination of this grant. Grantee shall have no right to locate any surface installation on any part of the right-of-way, or to fence the whole or any part of the right-of-way. 1111111111111111111111111111111111111111111111111111111 IN 634809 09/29/1997 04:56P 8738 P857 1 of 3 R 0.00 0 0.00 Sara J Fisher, Eagle, CO Grantee shall have the right to place only one pipeline in the right-of-way. Grantee shall be fully liable for all injuries to persona or damage to property resulting from the construction, maintenance, operation or removal of its pipeline over and across the right- of-way, and shall save and hold harmless County and its commissioners, boards,_employees, agents and insurers, from any and all claims, suits, costs, losses and expenses that may in any manner result from or arise out of the laying, maintenance, renewal, -repair, use or existence of any pipeline constructed pursuant to this instrument, including the breaking of the pipeline or the leaking of any substance from the pipeline. The right-of-way granted by this agreement is non-exclusive and Grantor reserves the right to use for itself and to grant for others rights-of-way over, across or through the right-of-way herein granted, provided that they do not interfere with Grantee's pipeline. Grantee and its employees and agents shall at all times have free access over the premises to the right-of-way, using such reasonable route as Grantor may designate or approve for any and all purposes necessary or convenient to the exercise by Grantee of the rights granted by this Agreement. IN WITNESS WHEREOF, GRANTOR bAs executed this Right -of -Way and Easement this c7QZ�L day of s 1997. 6A[.LF o� co H ATTEST cy, Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS r By: Johnnette Phillips Chairman 111111111111111111111111111111111111111111111111111111 634809 09/29/1997 04:56P 8738 P857 2 of 3 R 0.00 D 0.00 Sara J Fisher, Eagle, co EASEMENT B N� 4'34 33 - 3�E•-- 325 36 " + 4 N ` s� EXISTING 20' WIDE �� TOWN OF EAGLE 918. U1ILITY EASEMENT ', STREET MONUMENT COUNTY OF EAGLE `�\asesse BROADWAY & 5TH ST. BOOK 454, PAGE 516 ` S89'07.49"W ++ UTILITY EASEMENT B o �`�� P.O.T. 0.168 Ac. 1 `� �E-----------t- — — — - ------— -- N89'0 ---23'E 256.54' N6 NO�645 8"E N22'07'S2"E �N6a20--------------------------- b. 8•� 18.47' / /2C� �h'/ ; `� � TOWN OF EAGLE STREET MONUMENT / '14.33'S4 +� �' BROADWAY & 5TH ST. P.O.B. EAGLE RIVER 11111111111111111111111111111 634809 09/29/1997 04:56P 3 of 3 R 0.00 D 0.00 Sara LEGAL DESCRIPTION UTILITY EASEMENT B B738 P857 J Fisher, Eagle, CO An utility easement, twenty (20) feet in width, lying ten (10) feet on each side of the following described centerline, extending and shortening the sidelines of said easement so as to terminate at the boundary of the subject parcel, as it may affect that certain parcel of land in Tracts 46D, 47, 51, 66D and 67 in Sections 31 and 32, Township 4 South and Sections 5 and 6, Township 5 South, all in Range 84 West of the 6th Principal Meridian, Eagle County, Colorado, described in Book 454 at Page 516 of the Eagle County Records, according to the Independent Resurveys of said Townships and Range as approved on 20 June 1922; said easement, with all bearings contained herein based on a bearing of NO0'33'00"W between the Town of Eagle street monument at Broadway and Fifth Street and the Town of. Eagle street monument at Broadway and Second Street, both being found 1/2" iron rods in cast iron monbment boxes, being more particularly described as follows: Beginning at a point on the southerly boundary of said parcel described in Book 454 at Page 516, being also the northerly bank of the Eagle River, from which said Town of Eagle street monument at Broadway and Fifth Street bears N74'33'52"E, 4654.75 feet; thence departing said boundary the following five (5) courses: 1) N22'07'52"E 18.47 feet; 2) N28'19'37"E 55.56 feet; 3) N68'23'16"E 28.48 feet; 4) N89'08'23"E 256.54 feet; 5) NO6'45'08"E 8.17 feet to the Point of Terminus, a point on the southerly line of an existing Utility Easement from which the Point of Terminus of said Easement bears S89'25'25"W, 5.40 feet, and from which, also, said Town of Eagle street monument at Broadway and Fifth Street bears N74'34'33"E, 4325.36 feet. Said easement contains 0.168 acres, more or less. pIIR6�1�!'iy//� William L. Harg eroad P.L.S. No. 256. ;z z, 25630 G Johnson, Kunkel & Associates, Inc. LAND SURVEYING MAPPING EAGLE STEAMBOAT SPRINGS PHONE: 970-328-6368 970-879-4676 FAX: 328-1035 879-4670 P0. A.. 4OA 111 Fnd 4th St F.M. rn IUO11 SCALE 1 11L[,E-Ilcc� 7E• 2 SHEET 16 MSI Y 1995 1 2