Free Settlement Agreement - District Court of Colorado - Colorado

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Example of 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 The within Grant of Easement for Relocation of Access is granted pursuant to the Stipulated Settlement Agreement By And Between Plaintiff United States And Defendant State of Colorado ("Stipulated Settlement Agreement"), filed in the civil action entitled United States v. 117.54 Acres of Land, more or less, et al., Civil Action No. 02-cv-0184-MSK-MJW, United States District Court for the District of Colorado. ACCORDINGLY, 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 an existing prescriptive easement (defined in the Stipulated Settlement Agreement as the "Existing Northern Easement" and referred to as such hereinafter) hereby sells, quit claims, grants and conveys, without any warranty 1

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of title, to STATE OF COLORADO (Grantee), its successors and assigns, for good and valuable consideration, including specifically the release and relinquishment by Grantee of said Existing Northern Easement, a perpetual nonexclusive ingress and egress easement ("Relocated Easement") which, among other things, replaces Grantee's access to its property south of Carbon Mountain, including but not limited to Grantee's communication tower site located on Carbon Mountain, La Plata County, Colorado. The Relocated Easement is generally described as follows: Relocated Easement An ingress and egress easement on, over, and across existing roads and roads to be constructed for the Animas-La Plata project. Said easement consists of six separate easement sections beginning at La Plata County Road 213 and proceeding east to west along the Isgar/Wheeler Road, 1 and then proceeding in a generally northerly direction terminating on Grantee's land south of Carbon Mountain. The Relocated Easement is situated in Sections 13, 12U & 1U, Township 34 North, Range 10 West, N.M.P.M., South of the Ute Line, Section 18, Township 34 North, Range 9 West, N.M.P.M., South of the Ute Line, and Sections 6, 7 and 8, Township 34 North, Range 9 West, N.M.P.M., North of the Ute Line. The Relocated Easement is shown by section on Location Map, _______________, dated _______ , which is attached hereto as Exhibit A and made a part hereof. The specific legal descriptions for each of the six separate

1 The Isgar/Wheeler Road is defined in the Stipulated Settlement Agreement.

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sections of the Relocated Easement are set forth in Exhibit B attached hereto and made a part hereof. The Relocated Easement is hereby exchanged for the release, termination, extinguishment, and relinquishment by Grantee of all right, title, and interest in and to the Existing Northern Easement. The Existing Northern Easement is more particularly described below: Existing Northern Easement An undefined easement for ingress and egress from La Plata County Road 211 on the north then southerly through Ridges Basin crossing Sections 1 and 12, Township 34 North, Range 10 West, and Sections 6 & 7, Township 34 North, Range 9 West N.M.P.M. North of the Ute Line. The Existing Northern Easement provided Grantee access to its remaining land holdings south of Carbon Mountain. The access will no longer be available because of the construction of Ridges Basin Dam, Animas-La Plata Project.

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 GRANTEE Grantee hereby accepts this Grant of Easement for Relocation of Access on the terms and conditions stated therein and hereby ratifies and affirms the release and relinquishment of all right, title, and interest in and to the Existing Northern Easement described therein. STATE OF COLORADO

By: _______________________________

ACKNOWLEDGMENT BY THE STATE OF COLORADO State of Colorado County of ) ) ss. )

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

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

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Exhibit B Relocated Easement The Relocated Easement consists of six sections with six separate legal descriptions that combine to form the easement whereby ingress and egress is assured to Grantee's property south of Carbon Mountain.

Section 1 LEGAL DESCRIPTION for Relocated Easement A non-exclusive ingress and egress easement for access within Bureau of Reclamation Parcel No. RBR-5E (Fee) 2 in La Plata County, State of Colorado, containing, 108,561 square feet or 2.49 acres, more or less. Said easement is approximately 60' wide, located on the Isgar/Wheeler Road within the Isgar/Wheeler Corridor, 3 located in Section 13, Township 34 North, Range 10 West, and Section 18, Township 34 North, Range 9 West, South of the Ute Line, New Mexico Principle Meridian, and is more particularly described by the following metes and bounds description:

Commencing at the Quarter (1/4) Corner between said Sections Thirteen (13) and Eighteen (18); thence North 73°05'01" East, a distance of Three Hundred Seventysix and Three Hundredths (376.03) feet to the POINT OF BEGINNING, said point being within the Right-of-Way and on the northwesterly edge of pavement for La Plata County Road 213; thence North 33°33'21" West, a distance of Nineteen and Ninety Hundredths (19.90) feet to a point of curve to the left having a radius of One

2 Parcel No. RBR-5E(Fee) is defined in the Stipulated Settlement Agreement, see Isgar/Wheeler Road Corridor.

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Hundred and Fifty Hundredths (100.50) feet and a central angle of 49°01'51"; thence northwesterly along the arc a distance of Eighty-six feet (86.00) feet; thence North 82°35'13" West, a distance of Seventy-eight and Fifty-nine Hundredths (78.59) feet to a point of curve to the left having a radius of Seventy (70.00) feet and a central angle of 16°38'59"; thence westerly along the arc a distance of Twenty and Thirtyfour Hundredths (20.34) feet; thence South 80°45'48" West, a distance of One Hundred Six and Eighty-five Hundredths (106.85) feet to a point of curve to the right having a radius of One Hundred Thirty (130.00) feet and a central angle of 63°02'58"; thence westerly along the arc a distance of One Hundred Forty-three and Five Hundredths (143.05) feet; thence North 36°11'14" West, a distance of One Hundred Twenty-nine and Sixteen Hundredths (129.16) feet to a point of curve to the left having a radius of Seventy (70.00) feet and a central angle of 49°49'47"; thence northwesterly along the arc a distance of Sixty and Eighty-eight Hundredths (60.88) feet; thence North 86°01'01" West, a distance of Two Hundred Seventy-four and Forty-one Hundredths (274.41) feet; thence North 86°26'54" West, a distance of Twenty-two and Forty-eight Hundredths (22.48) feet to a point of curve to the right having a radius of One Hundred Thirty (130.00) feet and a central angle of 67°51'39"; thence northwesterly along the arc a distance of One Hundred Fifty-three and Ninety-seven Hundredths (153.97) feet; thence North 18°35'16" West, a distance of Sixty-five and Sixty-four Hundredths (65.64) feet to a point of curve to the left having a radius of Seventy (70.00) feet and a central angle of 27°52'51"; thence northwesterly along the arc a distance of Thirty-four and Six Hundredths

3 The Isgar/Wheeler Corridor is defined in Stipulated Settlement Agreement.

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(34.06) feet; thence North 46°28'07" West, a distance of Seventy-one and Eightyseven Hundredths (71.87) feet to a point of curve to the left having a radius of Seventy (70.00) feet and a central angle of 40°33'28"; thence northwesterly along the arc a distance of Forty-nine and Fifty-five Hundredths (49.55) feet; thence North 87°01'35" West, a distance of Two Hundred Twenty and Forty-three Hundredths (220.43) feet to a point of curve to the left having a radius of Seventy (70.00) feet and a central angle of 30°34'19"; thence westerly along the arc a distance of Thirtyseven and Thirty-five Hundredths (37.35) feet; thence South 62°24'06" West, a distance of One Hundred Eighty-seven and Twenty-one Hundredths (187.21) feet; thence North 89°59'03" West, a distance of Eighteen and Fifteen Hundredths (18.15) feet; thence North 00°00'57" East, a distance of Sixty (60.00) feet; thence South 89°59'03" East, a distance of Three and Forty-one Hundredths (3.41) feet; thence North 62°24'06" East, a distance of One Hundred Seventy-two and Fortyseven Hundredths (172.47) feet to a point of curve to the right having a radius of One Hundred Thirty (130.00) feet and a central angle of 30°34'19"; thence easterly along the arc a distance of Sixty-nine and Thirty-seven Hundredths (69.37) feet; thence South 87°01'35" East, a distance of Two Hundred Twenty and Forty-three Hundredths (220.43) feet to a point of curve to the right having a radius of One Hundred Thirty (130.00) feet and a central angle of 40°33'28"; thence southeasterly along the arc a distance of Ninety-two and Two Hundredths (92.02) feet; thence South 46°28'07" East, a distance of Seventy-one and Eighty-seven Hundredths (71.87) feet to a point of curve to the right having a radius of One Hundred Thirty (130.00) feet and a central angle of 27°52'51"; thence southeasterly along the arc a 8

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distance of Sixty-three and Twenty-six Hundredths (63.26) feet; thence South 18°35'16" East, a distance of Sixty-five and Sixty-four Hundredths (65.64) feet to a point of curve to the left having a radius of Seventy (70.00) feet and a central angle of 67°51'39"; thence southeasterly along the arc a distance of Eighty-two and Ninety-one Hundredths (82.91) feet; thence South 86°26'54" East, a distance of Twenty-two and Seventy-one Hundredths (22.71) feet; thence South 86°01'01" East, a distance of Two Hundred Seventy-four and Sixty-four Hundredths (274.64) feet to a point of curve to the right having a radius of One Hundred Thirty (130.0) feet and a central angle of 49°49'47"; thence southeasterly along the arc a distance of One Hundred Thirteen and Six Hundredths (113.06) feet; thence South 36°11'14" East, a distance of One Hundred Twenty-nine and Sixteen Hundredths (129.16) feet to a point of curve to the left having a radius of Seventy (70.00) feet and a central angle of 63°02'58"; thence easterly along the arc a distance of Seventy-seven and Three Hundredths (77.03) feet; thence North 80°45'48" East, a distance of One Hundred Six and Eighty-five Hundredths (106.85) feet to a point of curve to the right having a radius of One Hundred Thirty (130.00) feet and a central angle of 16°38'59"; thence easterly along the arc a distance of Thirty-seven and Seventy-eight Hundredths (37.78) feet; thence South 82°35'13" East, a distance of Seventy-eight and Fifty-nine Hundredths (78.59) feet to a point of curve to the right having a radius of One Hundred Sixty and Fifty Hundredths (160.50) feet and a central angle of 49°01'51"; thence southeasterly along the arc a distance of One Hundred Thirty-seven and Thirty-five Hundredths (137.35) feet;

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thence South 33°33'21"East, a distance of Nineteen and Ninety Hundredths (19.90) feet; thence South 56°26'39" West, a distance of Sixty (60.00) feet to the POINT OF BEGINNING. END OF DESCRIPTION.

Section 2 LEGAL DESCRIPTION for Relocated Easement A non-exclusive ingress and egress easement within Bureau of Reclamation Parcel No. RBR-4H(Fee) and Parcel No. RBR-4B(Fee) 4 in La Plata County, State of Colorado, containing 30,244 square feet or 0.69 acres, more or less. Said easement is approximately 60' wide, located generally on the Isgar/Wheeler Road, located in Section 13, Township 34 North, Range 10 West, South of the Ute Line, New Mexico Principle Meridian, and is more particularly described by the following metes and bounds description: Commencing at the Center East One Sixteenth Corner (C-E 1/16) in said Section Thirteen (13); thence North 00°00'57" East, a distance of Five Hundred Fiftyseven and Twenty-four Hundredths (557.24) feet to the POINT OF BEGINNING; said point also being the beginning of a curve to the right, of which the radius point lies North 13°13'08"East, a radial distance of Two Hundred Thirty (230.00) feet; thence northwesterly along the arc, through a central angle of 72°14'09", a distance of Two Hundred Eighty-nine and Ninety-seven Hundredths (289.97) feet; thence North 04°32'42" West, a distance of Sixty-five and Fifty-eight

4 Parcel No. RBR-4H(Fee) and Parcel No. RBR-4B(Fee) are defined in the Stipulated Settlement Agreement.

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Hundredths (65.58 feet); thence North 04°41'26" West, a distance of Sixty-six and Twenty Hundredths (66.20) feet to a point of curve to the right having a radius of One Hundred Ninety (190.00) feet and a central angle of 16°39'00"; thence northerly along the arc a distance of Fifty-five and Twenty-one Hundredths (55.21) feet; thence North 11°57'34"East, a distance of Twenty-two and Forty-five Hundredths (22.45) feet; thence North 39°14'08" East, a distance of One Hundred Thirty and Ninety-three Hundredths (130.93) feet; thence South 11°57'34" West, a distance of One Hundred Thirty-eight and Eighty-two Hundredths (138.82) feet to a point of curve to the left having a radius of One Hundred Thirty (130.00) feet and a central angle of 16°39'00"; thence southerly along the arc a distance of Thirty-seven and Seventy-eight Hundredths (37.78) feet; thence South 04°41'25"East, a distance of Sixty-six and Twenty-eight Hundredths (66.28) feet; thence South 04°32'42" East, a distance of Sixty-five and Sixty-six Hundredths (65.66) feet to a point of curve to the left having a radius of One Hundred Seventy (170.00) feet and a central angle of 67°26'21"; thence southeasterly along the arc a distance of Two Hundred and Ten Hundredths (200.10) feet; thence South 00°00'57" West, a distance of Sixty-two and Twenty-four Hundredths (62.24) feet to the POINT OF BEGINNING. END OF DESCRIPTION.

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Section 3 LEGAL DESCRIPTION for Relocated Easement A non-exclusive ingress and egress easement within Bureau of Reclamation Parcel No. RBR-4B(Fee), Parcel No. RBR-5A(Fee), Parcel No. RBR-5D(Fee), and Parcel No. RBR-4A(Fee),
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in La Plata County, State of Colorado, containing

________square feet or _____acres, more or less. Said easement is approximately 60' wide, located generally on the Grantor's drop structure access road, located in Sections 12U and 13, Township 34 North, Range 10 West, South of the Ute Line, New Mexico Principle Meridian, and is more particularly described by the following legal description: [Legal description to be included when available]

Section 4 LEGAL DESCRIPTION for Relocated Easement A non-exclusive ingress and egress easement within Bureau of Reclamation Parcel No. RBR-4A(Fee) and RBR-11(Fee), 6 in La Plata County, State of Colorado, containing ________square feet or _____acres, more or less. Said easement is approximately 60' wide, generally located along Grantor's Access Road C , located in Section 12U, Township 34 North, Range 10 West, South of the Ute Line, New Mexico Principle Meridian, and is more particularly described by the following legal description: [Legal description to be included when available]

5 Parcel No. RBR-4B(Fee), Parcel No. RBR-5A(Fee), Parcel No. RBR-5D(Fee), and Parcel RBR-4A(Fee) are defined in the Stipulated Settlement Agreement. 6 Parcel RBR-4A(Fee) and Parcel RBR-11(Fee) are defined in the Stipulated Settlement Agreement.

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Section 5 LEGAL DESCRIPTION for Relocated Easement A non-exclusive ingress and egress easement within Bureau of Reclamation Parcel No. RBR-4(Fee), Parcel No. RBR-3A(Fee), RBR-1(Fee), 7 in La Plata County, State of Colorado, containing ________square feet or _____acres, more or less. Said easement is approximately 60' wide, generally located along Grantor's Access Road B, located in Sections 1U and 12U, Township 34 North, Range 10 West, South of the Ute Line, New Mexico Principle Meridian and Sections 7 and 8, Township 34 North, Range 9 West, North of the Ute Line, New Mexico Principle Meridian, and is more particularly described by the following legal description: [Legal description to be included when available]

Section 6 LEGAL DESCRIPTION for Relocated Easement A non-exclusive ingress and egress easement within Bureau of Reclamation Parcel No. RBR-1(Fee) and Parcel No. RBR-3A(Fee), 8 in La Plata County, State of Colorado, containing ________square feet or _____acres, more or less. Said easement is approximately 60' wide, generally located along the existing 2-track road ascending Carbon Mountain, located in Sections 6 and 7, Township 34 North, Range 9 West, North of the Ute Line, New Mexico Principle Meridian and is more particularly described by the following legal description: [Legal description to be included when available]

7 Parcel No. RBR-4(Fee), Parcel No. RBR-3A (Fee), RBR-1 (Fee) are defined in the Stipulated Settlement Agreement. 8 Parcel No. RBR-1(Fee) and Parcel No. RBR-3A (Fee) are defined in the Stipulated Settlement Agreement.

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