Loading...
HomeMy WebLinkAbout942911 RIGHT-OF-WAY 000189 Chevron Mining Inc., a Missouri corporation, having an address of 116 Inverness Dr. East, Suite 207, Englewood, CO 80112, ("Grantor"), does hereby convey without warrant to the City of Kemmerer, State of Wyoming, a municipal corporation ofthe State of Wyoming, ("Grantee"),having an address of220 Wyoming Highway 233, Kemmerer, Wyoming 83101- 9700, for the sum of $1.00 and other valuable consideration, receipt of which is hereby acknowledged, an easement (the "Easement") described in Exhibit "A" 60.00 feet in width to access and maintain a city bike path (the Bike Path) from the Kemmerer Golf Course. The Bike Path and the Easement are located on land (the "Premises" ) described as follows: The NE1I4SE114 of Section 11 and part of Tract 71 all of the resurvey of T. 21 N., R. 116 W., of the 6th P.M. Lincoln County, Wyoming TO HA VE AND TO HOLD the Easement unto Grantee, its successors and assigns, so long as the Bike Path shall be maintained, with the right of access to the Premises to maintain, operate, repair, inspect, protect, remove and replace the Bike Path. Grantee shall defend and indemnify Grantor, its lessees, its successors and assigns from and against any and all losses, damages, claims, suits or actions, penalties, assessments, judgments and costs which may arise or grow out of any injury to or death of any person or persons, or damage or trespass to any property whether real or personal, or any other suit, action or proceeding of whatsoever kind or nature whether civil, criminal or administrative, caused, resulting from or in any manner connected with the construction, installation, inspection, repair, replacement, removal, maintenance, operation, or existence of the Bike Path, whether conducted by Grantee or its contractors, licensees, agents, servants, employees, successors or assigns. Grantee shall not be liable for any actions resulting from the gross negligence or willful misconduct of Grantor, its lessees, its successors and assigns. The Easement shall be binding upon and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of Grantee, and may be assigned in whole or in part by Grantee. IN WITNESS WHEREOF, Grantor has caused its corporate name and seal to be hereunto affixed this 2GrH- day of SbfTf/'16ffl , 2008. RECEIVED 10/16/2008 at 9:46 AM RECEIVING # 942911 BOOK: 707 PAGE: 189 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY City Access Easement 9/17/08 Page 1 STATE OF COLORADO ) ) SS. ARAPAHOE COUNTY ) ûOú1.90 I, the undersigned, a notary public in and for Arapahoe County, Colorado, hereby certify that James A. Tarazoff, whose name as Attorney-in-Fact of Chevron Mining Inc., a Missouri corporation, is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument, he, as such officer and with full authority, executed the instrument voluntarily for and as the act of the corporation on the day it is dated. Given under my hand this ~ 5~ay of My commission expires: 01 /,;;1.1 /ólðlfl / I City Access Easement 9/17/08 Page 2 it EXHIBIT "A" OOô191 Legal Description - Bike Path Access Easement An access easement through part of the NE1I4SE1/4 of Section 11 and part of Tract 71 all of the resurvey ofT. 21 N., R. 116 W., of the 6th P.M. Lincoln County, Wyoming. Said easement being 60.00 feet in width and being bounded by 30.00 feet offset and parallel line from the following described centerline. The boundary lines of said easement extending to or truncation at the north boundary line of the City of Kemmerer, Kemmerer Golf Course parcel as described and recorded in book 206PR on page 214 on file in the Lincoln County Clerk's Office and the south boundary line of that section of Lincoln County Road 12-330 known as Edna Avenue and being more particularly described as follows: Commencing at the common corner of Sections 1,2, 11 and 12 of the resurvey of T. 21 N., R. 116 W., of the 6th P.M., Lincoln County, Wyoming where is found a standard U.S.G.L.O. brass cap. Thence S 0004' 38" W, 2638.26 feet to the common y.¡ corner of said Sections 11 and 12 where is found a 3" aluminum cap stamped, "PLS 482, 1991" with other appropriate markings. Thence S 21000' 34" E, 1205.38 feet; Said point being monumented with a 2" diameter aluminum cap on a 5/8" diameter rebar stamped "CCI, PELS 5465" with other appropriate markings and hereinafter referred to as a rebar with CCI cap. Said point also being a point on a north-south boundary line of that particular parcel of land known as the Kemmerer Golf Course Parcel as described and recorded in book 206 PR on page 214; Thence N 40038' 54" E (N 50 09'E record) 250.78 feet along said north-south boundary line of said Kemmerer Golf Course Parcel where is found a 2" aluminum survey cap embedded in a 6" diameter concrete post; Thence N 850 19' 51" W (N 840 51' W record) along the northerly most boundary line of said Kemmerer Golf Course Parcel, 594.57 feet to the Point of Beginning of this description. Said point being monumented with a rebar and CCI cap. The northwesterly most corner of said Kemmerer Golf Course Parcel being N 850 19' 51"W (N 840 51' W record), 725.53 feet and being monumented by a 2" diameter rebar embedded in a 6" diameter concrete post from said point of beginning; Thence continuing N 260 56' 54" E, 85.87 feet more or less to the point of terminus. Said point of terminus being a point on the south right of way boundary line of said Edna Avenue. The easement being 86 feet in length more or less. City Access EaseIilent 9/17/08 Page 3