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HomeMy WebLinkAboutC81-019 State Board of Land CommissionersR I G H T O F W A Y N 0 2 5 8 1 BWK _3-UL- PAGE g 10HHME LLIPS 2449, Book 24 EAGLE CT1. r.cGORDER Jue 15 418 PM'03 1. 1. THIS INDENTURE, Made this first day of December, 1981, 2. between the STATE OF COLORADO, acting by and through the STATE BOARD 3. OF LAND COMMISSIONERS, party of the first part, and EAGLE COUNTY, BOARD 4. OF COUNTY COMMISSIONERS, P. 0. Box 850, Eagle, Colorado 81631, party 5. of the second part: W I T N E S S E T H 1. 2. WHEREAS, Party of the second part has made application to 2. the said Board of Land Commissioners for a right-of-way over, upon, under, 3. and across the surface of certain portions of school lands as hereinafter 4. described for the purpose of constructing, reconstructing, operating, and 5. maintaining a public road, and 1. 3. WHEREAS, Said State Board of Land Commissioners has, in 2. manner and form as provided by statute, granted such right-of-way for the 3. purpose aforesaid and none other, upon the terms and conditions set forth 4. herein, and has duly authorized the proper officers of said State to 5. execute this indenture: 1. 4. NOW, THEREFORE, THESE PRESENTS WITNESSETH, That the said (410 2. party of the first part, in consideration of the premises, and in the 3. further consideration of the sum of Five hundred forty-two and no/100 4. Dollars ($542.00), lawful money of the United States, by second party 5. to first party in hand paid, the receipt whereof is hereby confessed 6. and acknowledged, has granted and by these presents does grant unto 7. the party of the second part, its successors and assigns, a right-of- S. way for the purpose of constructing, reconstructing, operating, and 9. maintaining a public road over, upon, under, and across the surface of 10. those certain portions of school lands described as follows: In Tract Fifty (Tr 50), ` being the Resurveyed Section Sixteen (Sec. 16), Township Two South (T 2 S), Range Eighty-three West (R 83 W), Eagle County, State of Colorado; of the Sixth Principal Meridian (6th P.M.); - 1 - Being a right-of-way, thirty (30) feet in width, fifteen (15) feet on each , side of the following des- cribed centerline: Beginning at a point on the approximate easterly boundary of Colorado State Highway No. 131, which point bears South 32° 47T 09" West a distance of 382.22 feet from corner No. 3 of Tract 49; Thence on a curve to the right an arc distance of 121.21 feet to a point; said curve having a radius of 60.55 feet, a central angle of 114° 42' 18"9 and a chord which bears South 72° 08' 41" E. a distance of 101.96 feet to a point; Thence South 14' 47' 32" �r- East, 20.45 feet to a point; Thence on a curve to the left an arc distance of 58.37 feet to a point, said curve having a radius of 35.00 feet, a central angle of 95° 33' 16" and a chord which bears South 62° 34' 10" East a distance of 51.84 feet; Thence North 69° 39' 12" East a distance of 416.02 feet to a point; Thence on a curve to the right an arc distance of 157.76 feet to a point, said curve having a radius of 385.00 feet, a central angle of 23° 28' 37" and a chord which bears North 81° 23' 3111- East a distance of 156.65 feet; Thence South 86° 52' 10" East a distance of 55.32 feet to a point; . Thence on a curve to the left an arc distance of 155.08 feet to a point, said curve having a radius of 242.85 feet, a central angle of 36° 35' 15" and a chord which bears North 74° 50' 12" East a distance of 152.46 feet; Thence on a curve to the left' an arc distance of 93.02 feet to a point; said curve having a radius of 50.00 feet, a central angle of 106 ° 35' 31", and a chord which bears North 03° 14' 49" East a distance of 80.17 feet; Thence North 50' 02' 57" West a distance of 173.75 feet to a point of termination on the north boundary of Tr. 50, - 2 - which point bears North 89° 58' 01" East a distance of 560.00 feet from corner No. 3 of Tr. 49. Containing 0.86 acres, more or less. Bearings based on the line between Corner No. 2 of Tract 44, and Corner No. 1 of Tract 45 as being due East or West. - 3 - ; 13 � � ... .,._•1!►.__. _.. ��::i::i, 'cK.4:..iu' .. �. ,Ye.: .a +C.��l l:. t.si'L•�. _��_iwaaSTi�76.it.. � , •�~Sl: %!i'�1�!:P�i��I :S�' 1. 5. This grant is made with the understanding that the party of the 2. second part must construct said roadway in accordance with this grant within 3. two years from date hereof, 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 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. 6. 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 desire 5. to occupy or use or permit the occupancy or use of the lands which are sub- 6. ject to the right-of-way herein granted or any portions thereof for any pur- l. pose with which the aforesaid road would interfere, including the mining, re- 8. moving, or recovering of all minerals, ores and metals of every kind and 9. character, and all coal, asphaltum, geothermal steam or other substances, in 10. or under said land, then the party of the first part may require the party 11. of the second part to relocate, move, or rebuild the road described above at 12. any location or locations where said road passes over and across the State 13. lands, after first, in each case, receiving not less than 90 days' prior 14. written notice from the first party. In such event the party of the second- 15. part shall be furnished a similar right-of-way over and across State lands, 16. where available and suitable, free of charge, as a satisfactory right -of -way 17. to relocate its road. In any event not more than one-half of the expense 18. of said relocation, movement, or rebuilding shall be paid by the party of 19. 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 obtained and now in full force 3. and effect, if any there be. 1. 8. The art of the f party first part shall have the right at any and all 2. times during the continuance of this right-of-way to;sell or otherwise dispose 3. of' -said land and to use the same for all purposes, except as necessarily - 4 - 4. limited by the road described above. 1. 9. The right-of-way is made for the sole and only purpose as here- 2. in set forth, and no other; and in the event that the party of the second 3. part, its successors and assigns, shall at any time use or attempt to use 4. the same for any other purpose whatsoever, then and in that case this 5. right-of-way shall become void and of no effect, and any and all such rights 6. and privileges herein granted shall revert to the party of the first part. 1. 10. The party of the first part reserves the right to require the 2. party of the second part to construct and maintain upon and adjacent to said 3. right-of-way hereinabove described, such fences, gates, cattle guards, cut- 4. verts and subways as may, in the opinion of the party of the first part, be 5. necessary to the proper use and enjoyment of the lands adjacent thereto and 6. belonging to the party of the first part, or to prohibit such construction 7. when the party of the first part considers it to be detrimental to the use 8. of said lands. 1. 11. The party of the second part shall have the right to construct --nd maintain.only the road above described and shall have the right to trim �. t trees and shrubbery only if such trees or shrubbery should materially inter- 4. fere with or endanger the proper operation and maintenance of said road. 5. This right-of-way shall not be deemed to give the second g y g party exclusive 6. possession of any part of the land above described. 1. 12. This right-of-way does not grant permission, -.express or implied, 2. to the party of the second part, for water exploration, drilling, or estab- 3. lishing water wells, without written authorization of the party of the first 4. part. If the party of the second part shall establish any water right on 5. State land for any use on or off State land, such right shall be and remain 6. tLe property of the party of the first part. 1. 13. The road to be constructed and maintained upon this right-of- 2. way is for the use of the public and no restriction of any kind may be put 3. upon this use unless prior consent to such restriction is obtained from the 4. party of the first part. 1. 14. No signs, billboards or similar displays may be placed upon this 2. right-of-way or on lands adjacent to it belonging to the party of the first 3. part, without the express approval of the party of the first part. 5 _ I 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 road, but shall not leave open, or 4. 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. 1. 16. In the event that the fac_lity 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 descriptions 5. of the change to the party of the first part. An additional consideration, 6. commensurate with the damage to the value of the State land, may be requir- 7. ed, as determined by the first party. 1. 17. The right-of-way herein granted shall continue for as long as, �. the road described above is used and maintained by the second party, provid- 3. ed that should said road be abandoned or discontinued for a period of twelve 4. (12) consecutive months, this right-of-way and all rights of the second 5. party hereunder...shall automatically and without notice terminate at the 6. end of such twelve (12) month period; and in such case, the party of the 7. first part may require the party of the second part to restore the lands 8. occupied by said right-of-way as nearly as possible to their condition prior 9. to the construction of the road. The party of the first part may extend 10. this period upon a reasonable request by the party of the second part. :`mod 1. 18. The party of the second part agrees to assume all liability 2. arising from their exercise of the right-of-way herein granted; including but 3. not limited to, the risk of all injuries, including death resulting there- 4. from, to persons, and damage to and destruction of property, including loss 5. of use thereof, resulting directly or indirectly, wholly or in part, from 6. the prosecution or omission of any work or obligation undertaken or required 7. by this Agreement, and to indemnify and save harmless the first party from 8. and against any and all liability arising therefrom. 1. 19. 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 c 4. and damage 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- b. of -way herein granted and the use of the lands of the first party. 1. 20. IN WITNESS U HEREOF, The party of the first part has caused 2. these presents to be executed in its name and in its behalf by the State 3. Board of Land Commissioners, and has caused the seal of the State Board of 4. of Land Commissioners to be hereunto affixed and the party of the second 5. part has hereunto caused these presents to be signed by its b• and and its 7. corporate seal affixed hereto, the day and year first above written. STATE OF COLORADO BOARD OF LAND COMMISSIONERS President Register 7 Engineer STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this day 6�4'� _'C' t 1983, by Rowena Rogers, President; Tommy Neal, Registe ; and Wm H Claire, Engineer, of the State Board of Land commissioners of the State of Colorado. WITNESS my hand and official seal. My Commission expires c N tary 1py Commission expires July 21,.19�6 26— - 4.11L* Publ ici J - 7 - GRANTOR: i� EAGLE COUNTY BOARD OF COUNTY COMMISSIONERS By �Z- *0' ROW Appl. 81/139 Proofed me STATE OF COLORADO ) SS. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this %�day Of �%� 1983, by and of WITNESS my hand and official seal. 40 i.. ' Notary Public ' I*" / -11y,commission expires My COMMISS'tfln F::nirss Iaau .5. 1�84