Free Settlement Agreement - District Court of Colorado - Colorado

Case 1:03-cv-01298-JLK-GJR

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EXHIBIT 1

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Exhibit 1 -- Example Relocated Easement Document UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION ANIMAS- LA PLATA PROJECT Colorado and New Mexico GRANT OF EASEMENT FOR RELOCATION OF ACCESS With reference to the Stipulated Settlement Agreement By And Among Plaintiff United States of America And Defendant Wheeler One Trust and Defendant Collyer Family Trust And Defendant La Plata County Treasurer (AStipulated Settlement Agreement@), filed in the civil action entitled United States of America v. 116.06 Acres, more or less, et al., Civil Action No. 03-cv-01298-JLK-GJR, United States District Court for the District of Colorado, the UNITED STATES OF AMERICA (Grantor), acting by and through the Bureau of Reclamation, Department of the Interior, pursuant to the provisions of the Act of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, particularly Section 14 of the Reclamation Project Act of 1939 (53 Stat. 1187); the Act of April 11, 1956 (70 Stat. 104, 43 U.S.C. 620 et seq. (1982)), and all acts amendatory thereof or supplementary thereto; Title V of the Act of September 8, 1968 (82 Stat. 896); the Colorado-Ute Indian Water Rights Settlement Act of 1988 (102 Stat. 2973); and the Colorado Ute Settlement Act Amendments of 2000 (114 Stat. 2763), and for the purpose of relocating a claimed existing prescriptive easement across Parcels RBR-4, 1 RBR-11, 2 and RBR-4A, (defined in the Stipulated Settlement Agreement as the AExisting

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Parcel RBR-4 and Parcel RBR-4A are more particularly described in the Second Amended Declaration of Taking filed in United States of America v.

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Northern Easement@ and referred as such hereinafter) hereby grants and conveys, without any warranty of title, to the WHEELER ONE TRUST and the COLLYER FAMILY TRUST (Grantees), their successors and assigns, for good and valuable consideration (including specifically the release and relinquishment by Grantees of said claimed existing prescriptive easement) a perpetual, nonexclusive ingress and egress easement, sixty (60) feet wide for residential, agricultural, and utility uses 30 feet either side of the centerline of the existing Isgar/Wheeler Road located in La Plata County, Colorado, and more-particularly described as the ARelocated Easement@ in the referenced Settlement Agreement and as described below: Relocated Easement An easement with and on an existing road on land situated in both Section 13, Township 34 North, Range 10 West, South of the Ute Line, New Mexico Principle Meridian, and Section 18, Township 34 North, Range 9 West, South of the Ute Line, New Mexico Principle Meridian, as depicted as the Isgar/Wheeler Road on ALocation Map, 69-406-2102, dated September 28, 2006@

116.06 Acres of Land, more or less, et al., Civil Action No. 03-cv-01298-JLKGJR, United States District Court for the District of Colorado.
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Parcel RBR-11 is more particularly described in the Third Amended Declaration of Taking filed in United States of America v. 101.47 Acres of Land, more or less, et al., Civil Action No. 03-cv-01281-JLK-GJR, United States District Court for the District of Colorado.

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attached hereto and made a part hereof and as more specifically described in the Relocated Easement which consists of two separate legal descriptions that combine to form the Isgar/Wheeler Road, as set forth in AExhibit A@, attached hereto and made a part hereof. The above-described Relocated Easement is hereby exchanged for the release, termination, extinguishment, and relinquishment by Grantees of all of right, title, and interest in and to the claimed Existing Northern Easement. The Existing Northern Easement is more particularly described below: Existing Northern Easement A corridor of land situated in Section 7U, Township 34 North, Range 9 West, South of the Ute Line, New Mexico Principle Meridian, and in Section 12U, Township 34 North, Range 10 West, South of the Ute Line, New Mexico Principle Meridian. Said corridor was used by Grantee to traverse between their lands west of Basin Creek and their lands east of Basin Creek. While not defined specifically by a metes and bounds legal description, part of said corridor is referenced in the April 23, 1998 Warranty Deed between Ralph E. Wheeler and Adeltha W. Collyer, as Grantors, and Mobile Premix Concrete, Inc., as Grantee, and recorded in the official records of La Plata County, Colorado, as Reception No. 744861. This easement is located on Parcel RBR-11.

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The other parts of the corridor lie adjacent to Parcel RBR-11 on Parcel RBR-4 and Parcel RBR-4A as depicted on ALocation Map, 69-406-2102, dated September 28, 2006.@ As consideration for the Grantees agreeing to relocate and releasing, terminating, and extinguishing the Existing Northern Easement, the Grantor hereby represents to the Grantees that the Grantor has the full legal right to grant the Relocated Easement in accordance with the provisions of the Stipulated Settlement Agreement. The provisions of the Relocated Easement shall burden the property of the Grantor on which the Relocated Easement is located and shall be binding on all the Grantor=s successors and assigns with respect to all or any portion of the Relocated Easement, and shall benefit the Western Remainder as that term is defined in the Stipulated Settlement Agreement, and shall be for the benefit of any and all of the Grantees= successors and assigns with respect to all or any portion of the Western Remainder as that term is defined in the Stipulated Settlement Agreement.

WITNESS the hand of said Grantor, this _____ day of __________, 2006.

UNITED STATES OF AMERICA

By: _________________________ Regional Director Upper Colorado Region Bureau of Reclamation Department of the Interior

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ACKNOWLEDGMENT State of Utah County of ) ) ss. )

On the ____ day of _____________, 20___, personally appeared before me _____________________________, known to me to be the ___________ Regional Director, of the Bureau of Reclamation, Upper Colorado Region, United States Department of the Interior, the signer of the above instrument, who duly acknowledged to me that he/she executed the same on behalf of the United States of America pursuant to the authority delegated to him/her.

_____________________________(NOTARY SEAL) State of Utah, Residing at My Commission Expires:

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ACCEPTANCE OF GRANTEES Grantees hereby accept this Grant of Easement for Relocation of Access on the terms and conditions stated therein and hereby ratify and affirm the release and relinquishment of all right, title, and interest in and to the Current Easements described therein. WHEELER ONE TRUST

By: _______________________________ Trustee

By: _______________________________ Trustee COLLYER FAMILY TRUST By: ______________________________ Trustee By: _______________________________ Trustee ACKNOWLEDGMENT BY WHEELER ONE TRUST State of Colorado County of ) ) ss. )

On the ____ day of _____________, 20___, personally appeared before me _____________________________, known to me to be

_____________________________(NOTARY SEAL)

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State of Colorado, Residing at My Commission Expires: ACKNOWLEDGMENT BY COLLYER FAMILY TRUST State of Colorado County of ) ) ss. )

On the ____ day of _____________, 20___, personally appeared before me _____________________________, known to me to be

_____________________________(NOTARY SEAL) State of Colorado, Residing at My Commission Expires:

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Exhibit A

Relocated Easement [The Relocated Easement will consist of two parts with two separate legal descriptions that combine to form the easement on the Isgar/Wheeler Road]

Part 1 of LEGAL DESCRIPTION for Relocated Easement A non-exclusive ingress and egress easement for residential, agricultural, and utility uses within Bureau of Reclamation Parcel No. RBR-5E (Fee) in La Plata County, State of Colorado, containing, _____ square feet or ____ acres, more or less. Said easement is located in Section 13, Township 34 North, Range 10 West, and Section 18, Township 34 North, Range 9 West, both South of the Ute Line, New Mexico Principle Meridian and more particularly described as follows:

**** A metes and bound description is being prepared ***

Part 2 of LEGAL DESCRIPTION for Relocated Easement A non-exclusive ingress and egress easement for residential, agricultural, and utility uses within Bureau of Reclamation Parcel No. RBR-4H (Fee) and Parcel No. RBR-4B(Fee) in La Plata County, State of Colorado, containing ______square feet or _____acres, more or less. Said easement is located in Section 13, Township 34 North, Range 10 West, South of the Ute Line, New Mexico Principle Meridian, more particularly described as follows:

**** A metes and bounds description is being prepared ***

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