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Home My WebLink About916758 i!:j¡Mlm¡¡;;:! ..,._.O-o-........_._~...---'_._,. .,~o-...~. _.--'-'...~.. .._~__-__,.................._.. .."............,.....-..'... .-.,','....--...........--... ."...."........,.,......-. -.. .........,...... r'(jr'6 6 ~~, t! :. jJ RECREATIONAL TRAIL EASEMENT CONVEYANCE and AGREEMENT The Pitts burg & Midway Coal Mining Co., having a place of business at 116 Inverness Drive East, Suite 207, Englewood, CO 80112 ("Owner") for valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey unto The City of Kemmerer, a municipal corporation, (the "City") a non-exclusive easement (the "Easement") to construct and maintain a recreational trail on the following described land situated in Lincoln County, Wyoming, to wit: An easement, 30 feet in width, the general location of which is the abandoned Oregon Short Line Rail Road grade, across the northerly 130 feet of Tract 72 and the east half of Tract 74 of the resurvey ofT. 21 N., R. 116 W. of the 6th P.M., Lincoln County, Wyoming. Being bounded by parallel and 15.00 feet offset lines each side of the following described center line. The centerline being more particularly described as follows: ' Commenci~ at the Comer No.2 of Tract 74 of the resurvey ofT. 21 N., R.116 W., of the 6 P.M., Lincoln County Wyoming where is found a 1998 Uinta Engineering and Surveying 3" diameter aluminum cap on a %" diameter rebar stamped appropriately; ¿.~," Thence S82°29'27"E, 1 029.86 feet to the Point of Beginning of the description. Said point of beginning being a point on the northerly boundary of a particular parcel of land transferred from The Pittsburg and Midway Coal Mining Co. to the City of Kemmerer as recorded in book 237PR and pages 263 through 267 on file in the Lincoln County Clerks office in Kemmerer, Wyoming herein often referred to as the Kemmerer City Hall parcel. Thence N33°14'20"E, 217.88 feet to the point of curvature of a curve to the left; Thence 64.13 feet along the arc of said curve to the left. Said curve to the left having a radius of 150.00 feet and a central angle of 24 °29'43"; Thence N8°44'38"E, 68.13 feet to the point of curvature of a curve to the right; Thence 81.65 feet along the arc of said curve to the right. Said curve to the right having a central angle of 31 °11 ' 14" and a radius of 150.00 feet; Thence N39°55'52"E, 754.37 feet to the point of curvature of a curve to the left; Thence 384.55 feet along the arc of said curve to the left. Said curve to the left having a central angle of29:>11 '58" and a radius of754.58 feet; Thence N10043'54"E, 72.27 feet to the point of curvature of a curve to the left; RECEIVED 3/20/2006 at 9:56 AM RECEIVING # 916758 BOOK: 614 PAGE: 626 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY -~-- ..---- ._-~ .---- ~ ~ , ......-......,..',-_.,-'.. '," . ........................... .u,.......""'....,....,...,.·...·"·.'·......,,....__..',.,·.. ·,···:"··,·.·.!T'.·....:.:.,·C..·.·...·;..4.·_--',..-:-O-. i.....·.~......,. 0916758 000627 Thence 408,02 feet along the arc of said curve to the left. Said curve to the left having a central angle of 30° 58' 54" and a radius of754.58 feet; Thence N20014'59"W, 175.95 feet to the point of curvature of a curve to the left; Thence 177.09 feet along the arc of said curve to the left. Said curve to the left having a central angle of 5°38' 13" and a radius of 1800.00 feet: Thence N 25°53' 13" W, 267.48 feet to the point of curvature of a curve to the right; Thence 351.79 feet along the arc of said curve to the right. Said curve to the right having a central angle of23°42'48" and a radius of 850.00 feet. Thence N 2°10'25"W, 91.77 feet to the Point of Terminus. Said point being a poin(on the northerly boundary of said Tract 74. Angle Point 5 of Tract 108 of said resurvey ofT.2l N~, R.1l6 W. being S 89° 42'33"W, 327.15 feet from said point of Terminus. Said Angle Point 5 of said Tract 1 08 being monumented by a standard U.S. G.L.O, brass cap. Said easement being 3,115.08 feet in length more or less. The Easement shall be used only as a low impact, pedestrian, non-motorized walking/bike path and cross -country ski & snow shoe trail (the "Trail"). The Trail cannot be plowed but may be groomed during the winter months. If the use of the Easement materially interferes with Owner's quiet enjoyment of its adjoining property on a frequent or continuous basis, and measures taken by the City do not, in Owner's reasonable opinion, sufficiently abate the interference, Owner may close the Trail for a period not to exceed two weeks to enable the City to take corrective action. Owner shall provide written notice to the City of such closure. The construction, maintenance and repair of the Trail is at the expense of the City, including the installation, maintenance, repair and replacement of waterbars, steps and other structures as well as bridges and or culverts as necessary to traverse surface waters within the corridor. Prior to initial Trail construction, relocation or major maintenance activity, the City shall give Owner at least two weeks notice by certified mail, return receipt requested. The Trail shall not exceed 10 feet in width. The City may clear brush as required to construct and maintain the Trail and may remove dead, dying or diseased vegetation within the Easement which posses a safety risk to users of the Trail; otherwise the City may cut or remove additional vegetation only with the prior written consent of Owner. The City shall not employ herbicides, pesticides, growth inhibitors or other chemicals within the easement without the prior written consent of Owner. ::!;::t:::::¡:::::::::~ ·1"-i·.'.~!~!:~:~1 ¡!<!li~li;im~m!Ifi.øj :~I~~2:;~:~:;:::1 :;t;*!:~~:!:?t:~:: :~; :¡~~fl~~~ ..... .···...."'.,,_..··,.·~·.·..."'...,_...-.."""""""·....'"io<.- ..<.",~,'._'_._.'~..:a,.~ '.....,__......'... , ......, ".....-.,,;.,.,.-.,.....,........,. "....-' ......,<....:__--U~...."""...~.........".,,_....._"'.'...., ..,.... ''''. ,__..'O-.,...........~...-".. .-",.......,. ...,.......". ...'.....,.,.... 0916758 ':_.'00628 h' . The City, with Owner's prior written consent, may erect and maintain such fencing and barriers within the Easement as may be reasonably necessary to prevent access to the Trail by motor vehicles. The City shall have the right to erect reasonable signs, and other markings within the Easement to inform the public of the path location or other features. Owner shall not erect fences, barriers or signs that impede access to or use of the Trail. The City may use motorized vehicles and equipment within the Easement to construct, maintain, repair and patrol the Trail and for medical emergencies. Owner and the City shall not use or permit the use of motor vehicles within the Easement, except as specifically provided herein. The City may permit motor-driven wheelchairs or all terrain vehicles for use of handicapped persons within the Easement which is consistent with the purpose of the Easement. Owner shall not construct any building or structure within the Easement. Owner may cross and use the Easement as pasture. If Owner uses the Easement for pasture, gates or cattle guards shall be erected where the Easement crosses property lines to keep livestock in the appropriate area. Owner and the City shall agree on the appropriate type of gate or cattle guard needed. The cost of this gate or cattle guard shall be borne by the City. The City shall prevent the accumulation, collection, or storage of trash, human waste, ashes, chemicals, hazardous or toxic substances, or any other unsightly or offensive material within the Easement. The Easement shall not be assigned by the City without the express written consent of Owner. If the Trail is not constructed within five years of the date of this conveyance, all rights contained herein shall revert to the Owner. The Easement is granted without warranty of title and Owner makes no representations as to the suitability of the property for use as a recreational trail. The City shall indemnify, defend and hold harmless the Owner from and against all damages, liabilities and causes of action arising out of or related to the use of the Trail by the public or the City's operations on the Easement. Except for this indemnity, City does not waive sovereign immunity by entering into this agreement and specifically retains all immunities available to it as a sovereign pursuant to §l- 39-104(a) W.S. and all other applicable laws. .........-._--........~.~.-....... . .._...~ . . ...~.._"~"....----'_.. ,-_. . .-........-.-.......,-.., . .,..........-...-."'..~.._-~".......'.-....,.,._......"...,... ..-.. {.,"..,.,.."...,,;...........,......,.. ···,.",..;····.'.·.,r.·_I· 0916758 CO('6~9 The parties shall attempt in good faith to resolve through negotiation any dispute that may arise with respect to this Agreement. If those efforts fail, each party shall consider the use of mediation or other alternative dispute resolution techniques prior to resorting to litigation. Dated this r&~day of March 2006 THE PITTSBURG & MIDWAY COAL MINING CO. ~~~~fV~~t ()~ The City of Kemmerer Dave Fagnant BY:~ 9v<J Its: Mayor ~:::t:~~::!:~::~:i;; 1..,I··III\~t'::¡~ ~;;';~!lliJW~liœ!;l~ :~;~ill~m~;w ; :-1~: ;_~~~~~;~~t;f;~l~l~;\i . _._____ _a__.·_'._ ·'..·.-a....-.·...·., "-',' .. ... "'.'~"" " - ~.,_. ,..,......,.'..........&0..............." .. . .,.......-....-...... ..........~....-"......., .-~... ~.' .,.,...- . -...~,................o:.."..,. '. ~. .... ,.,..,., .,.,.,'...",..... ,,-,,-. . 091.6758 STATE OF COLORADO L00630 COUNTY OF ARAPAHOE ) ) 5S ) The foregoing instrn~:~t was acknowledged before me this I (¡, ~day of March, 2006, Judith P. Knapp, as J~resident of The Pitts burg & Midway Coal Mining Co., a Missouri corporation, on behalf of the corporation. - - - -- (SEAL) GRETCHEN KUIPER NotQfV PlbIIc State of CotoradO ~ - <ÆJ;-'",~ ~ Notary Public My commission expires: /1 ) (r / ò ~ I ' COUNTY OF LINCOLN ) ) ss ) STATE OF WYOMING The foregoing instrument was acknowledged before me thi~day of March, 2006, by ~~' as ~IC{? oP~ l!.l~_ ~\\\\\ \lII/IIl/llll ~\'\ y'~al folk.. ~I/~ ~ '<. l~~)~ ~ ~ ~'?- .... 0 r ..... 0 ~ ~ .t ~ <4-9. <P ~ :: ! lha_. ~7' OS = ! --W'flYCJF CÞ = ~ ~ \.Á My ~ iss!n expires: ~ 17,). ". lI8 LI 0 ,.,. ~ ~ Jt>\". .' .:!!..V ~ ~ ,. 0 ........... ~,~ ~ ~/J: ¡: WyO ~\~ ~llllllIlIIn\\\\\'\ ~~:/~hA ~~P- ~~. ~.ð