NOTICE TO PUBLIC USERS. BY USING THE EASEMENTS, EACH PUBLIC USER AGREES TO COMPLY WITH ALL THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT AND TO COMPLY WITH ALL LAWS AND LEGAL REQUIREMENTS IN USING THE EASEMENTS. EACH PUBLIC USER ASSUMES ALL RISKS INVOLVED IN THE PERMITTED USES AND SUCH PUBLIC USER’S PRESENCE ON THE EASEMENT AREAS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY RELEASES AND FOREVER DISCHARGES GRANTOR AND THE GRANTOR PARTIES FROM ANY LIABILITY FOR LOSS, DAMAGE, OR INJURY INCURRED BY SUCH PUBLIC USER AS A RESULT OF OR IN CONNECTION WITH SUCH PUBLIC USER’S ENTRY OR PRESENCE ON, OR ANY USE OF, THE EASEMENT AREAS. UNDER COLORADO LAW, A LANDOWNER IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF ANY PERSON INVITED OR PERMITTED ON THE PROPERTY TO USE THE PROPERTY, WITHOUT CHARGE, FOR RECREATIONAL PURPOSES, INCLUDING BUT NOT LIMITED TO, THE RECREATIONAL USES EXPRESSLY PERMITTED BY THE EASEMENT AGREEMENT, PURSUANT TO SECTION ▇▇-▇▇-▇▇▇, COLORADO REVISED STATUTES. This Easement Agreement is executed by the parties hereto as of the date first above written. GRANTOR: [▇▇▇▇▇▇▇▇, INC., a Delaware corporation][or, a special purpose entity owned by ▇▇▇▇▇▇▇▇, Inc.] By: Name: Its: GRANTEE: UNITED STATES OF AMERICA, acting through the authorized officer of the Bureau of Land Management By: Name: Its: By acceptance of this Deed, ▇▇▇▇▇▇▇, its successors, heirs and assigns, hereby agree that they will neither perform, nor authorize or direct others to perform, the following acts or uses, which are expressly forbidden in, on, over, under or in connection with the Property: 1. the placement or construction of any building, structure, or other improvement in, on or under the Property (except as set forth in subparagraphs (a) through (d) below, all of which shall be in accordance with all building and zoning laws and regulations of Grand County, Colorado). The following are permitted: (a) Fences; (b) Existing ditches, headgates, water diversion structures and dikes may be repaired and replaced; (c) New irrigation and water structures may be built anywhere on the Property for the purposes of reasonable and customary management of direct flow water rights and surface water for agricultural purposes; and (d) Primitive, unpaved pedestrian trails and unpaved, two-track roads, to the extent reasonably necessary for and consistent with historic ranching and hunting uses of the Property, for access across the Property. Any placement or construction of any building, structure, or other improvement in, on or under the Property not expressly permitted under subparagraph (a), (b), (c) or (d) above, is prohibited. 2. Subdivision or division of any portion of the Property into more than one ownership. "Subdivision" means the division or re-division of the Property by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition, transfer of ownership or development.
Appears in 1 contract
Sources: Binding Exchange Agreement
NOTICE TO PUBLIC USERS. BY USING THE EASEMENTS, EACH PUBLIC USER AGREES TO COMPLY WITH ALL THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT AND TO COMPLY WITH ALL LAWS AND LEGAL REQUIREMENTS IN USING THE EASEMENTS. EACH PUBLIC USER ASSUMES ALL RISKS INVOLVED IN THE PERMITTED USES AND SUCH PUBLIC USER’S PRESENCE ON THE EASEMENT AREAS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY RELEASES AND FOREVER DISCHARGES GRANTOR AND THE GRANTOR PARTIES FROM ANY LIABILITY FOR LOSS, DAMAGE, OR INJURY INCURRED BY SUCH PUBLIC USER AS A RESULT OF OR IN CONNECTION WITH SUCH PUBLIC USER’S ENTRY OR PRESENCE ON, OR ANY USE OF, THE EASEMENT AREAS. UNDER COLORADO LAW, A LANDOWNER IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF ANY PERSON INVITED OR PERMITTED ON THE PROPERTY TO USE THE PROPERTY, WITHOUT CHARGE, FOR RECREATIONAL PURPOSES, INCLUDING BUT NOT LIMITED TO, THE RECREATIONAL USES EXPRESSLY PERMITTED BY THE EASEMENT AGREEMENT, PURSUANT TO SECTION ▇▇-▇▇-▇▇▇, COLORADO REVISED STATUTES. This Easement Agreement is executed by the parties hereto as of the date first above written. GRANTOR: [▇▇▇▇▇▇▇▇▇ W10, INC.LLC, a Delaware corporation][orColorado limited liability company By: Name: Its: STATE OF COUNTY OF ) ) ss. ) The foregoing instrument was acknowledged before me this day of , a special purpose entity owned 202_, by , as of ▇▇▇▇▇▇▇▇ ▇▇▇, Inc.] By: Name: ItsLLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: GRANTEE: UNITED STATES OF AMERICA, acting through the authorized officer of the Bureau of Land Management By: Name: Its: By acceptance STATE OF COUNTY OF ) ) ss. ) The foregoing instrument was acknowledged before me this day of this Deed, 202_, by , as of [Bureau of Land Management]. WITNESS my hand and official seal. My commission expires: A PARCEL OF LAND BEING A PORTION OF ▇▇▇ ▇, ▇▇▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇, its successors▇▇▇▇▇ 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, heirs SUMMIT COUNTY, COLORADO AND BEING DESCRIBED AS FOLLOWS: Beginning at AP-1, a standard BLM alloy pipe and assignscap, hereby agree that they will neither performfrom which the northwest 1/16 corner of said section 3, nor authorize or direct others a standard BLM alloy pipe and cap bears S 00º42’53” W a distance of 165.60 feet, THENCE from said ▇▇-▇ ▇ ▇▇▇▇▇'▇▇" ▇ along an existing smooth wire fence for 441.64 feet to perform, a fence post; THENCE N 48º51'41" E for 64.00 feet to a gate post; THENCE N 57º15'18" E for 15.91 feet to a gate post; THENCE S 89º45'43" E for 17.51 feet to a fence post; THENCE N 65º53'00" E for 31.92 feet to a fence post; THENCE N 40º38'49" E for 40.96 feet to a fence post; THENCE N 20º44'08" E for 81.26 feet to a fence post; THENCE along said fence line for the following acts or uses, which are expressly forbidden in, on, over, under or in connection courses and distances: THENCE N 56º05'20" E for 348.56 feet to a fence post; THENCE N 37º41'58" E for 180.79 feet to a fence post; THENCE N 58º21'06" E for 49.00 feet to a fence post; THENCE N 38º36'57" E for 61.10 feet to a fence post; THENCE N 36º29'32" E for 209.44 feet to a fence post; THENCE N 44º14'07" E for 141.23 feet to a fence post; THENCE N 16º52'57" E for 104.57 feet to the intersection with the Property:
1east line of lot 3; THENCE S 00º41’37” W along the east line of said section 3 for 1190.87 feet to the center-south 1/16 corner of said section 3, a standard BLM alloy pipe and cap; THENCE N 89º21'39" W along the south line of said section 3 for 1322.21 feet to the northwest 1/16 corner; THENCE N 00º42'53" E along the west line of said Lot 3 for 165.60 feet to the POINT OF BEGINNING. BASIS OF BEARINGS: the placement or construction grid bearing between the north 1/4 corner of any buildingsection 3 and the west 1/16 corner of section 3 bears N 89º28'14" W. A PARCEL OF LAND BEING A PORTION OF ▇▇▇ ▇, structure▇▇▇▇▇▇▇ ▇, or other improvement in▇▇▇▇▇▇▇▇ ▇ ▇▇▇▇▇, on or under ▇▇▇▇▇ 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, SUMMIT COUNTY, COLORADO AND BEING DESCRIBED AS FOLLOWS: Beginning at AP-1, a standard BLM alloy pipe and cap, from which the Property (except as set forth in subparagraphs (a) through (d) belownorthwest 1/16 corner of said section 3, all a standard BLM alloy pipe and cap bears S 00º42’53” W a distance of which shall be in accordance with all building and zoning laws and regulations of Grand County165.60 feet, Colorado). The following are permitted:
(a) Fences;
(b) Existing ditches, headgates, water diversion structures and dikes may be repaired and replaced;
(c) New irrigation and water structures may be built anywhere on the Property THENCE from said ▇▇-▇ ▇ ▇▇▇▇▇'▇▇" ▇ along an existing smooth wire fence for 441.64 feet to a fence post; THENCE N 48º51'41" E for 64.01 feet to a gate post; THENCE N 57º15'18" E for 15.91 feet to a gate post; THENCE S 89º45'43" E for 17.51 feet to a fence post; THENCE N 65º53'00" E for 31.92 feet to a fence post; THENCE N 40º38'49" E for 40.96 feet to a fence post; THENCE N 20º44'08" E for 81.26 feet to a fence post; THENCE along said fence line for the purposes of reasonable following courses and customary management of direct flow water rights and surface water distances: THENCE N 56º05'20" E for agricultural purposes348.567 feet to a fence post; and
(d) Primitive, unpaved pedestrian trails and unpaved, two-track roads, THENCE N 37º41'58" E for 180.79 feet to a fence post; THENCE N 58º21'06" E for 49.00 feet to a fence post; THENCE N 38º36'57" E for 61.10 feet to a fence post; THENCE N 36º29'32" E for 209.44 feet to a fence post; THENCE N 44º14'07" E for 141.23 feet to a fence post; THENCE N 16º52'57" E for 104.57 feet to the extent reasonably necessary intersection with the east line of lot 3; THENCE N 00º41'38" E and leaving said fence line for 135.77 feet to the north 1/4 corner of said section 3; THENCE N 89º28'14" W along the north line of said Section 3 for 1320.47 feet to the west 1/16 corner; THENCE S 00º46'37" W along the west line of said Lot 3 for 1158.50 feet to the POINT OF BEGINNING. BASIS OF BEARINGS: the grid bearing between the northwest 1/16 corner of section 3 and consistent with historic ranching and hunting uses the west 1/16 corner of the Property, for access across the Property. Any placement or construction of any building, structure, or other improvement in, on or under the Property not expressly permitted under subparagraph (a), (b), (c) or (d) above, is prohibited.
2. Subdivision or division of any portion of the Property into more than one ownership. "Subdivisionsection 3 bears N 00º46'09" means the division or re-division of the Property by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition, transfer of ownership or development.E.
Appears in 1 contract
Sources: Binding Exchange Agreement