Laserfiche WebLink
1. o <br />7. After the Court's approval of this Additional Settlement Agreement, and before entry <br />by the Court of a quiet title decree and a declaratory judgment, Gunnison County shall <br />obtain a survey by a Colorado licensed surveyor to specifications determined by Gunnison <br />County and at no cost to Sierra Minerals Corporation, determining a center line legal <br />description of the additional right of way as it currently exists over the subject property. <br />This center line legal description, and the width articulated in paragraph 6 above, shall be <br />incorporated into the quiet title decree and declaratory judgment as the legal description <br />for the additional right of way as it crosses the subject property. <br />8. The public, including but not limited to individuals using the additional right of way to <br />obtain access to private and public property in the area served by the additional right of <br />way, is the intended beneficiary of this Additional Settlement Agreement. <br />9. The parties hereby consent and agree that jurisdiction over and control of the <br />additional right of way described herein, to the extent it exists on the Thompson Placer, <br />shall be under the jurisdiction and control of Gunnison County only until such time as the <br />Thompson Placer shall be conveyed to the United States Forest Service; at the time of <br />such conveyance, jurisdiction over and control of the additional right of way described <br />herein, to the extent it exists on the Thompson Placer, shall be in the United States Forest <br />Service. <br />10. The Settlement Agreements are expressly modified to stipulate that the width of <br />the Yule Creek Access Road (excluding the additional right of way) from the boundary of <br />the Yule Lode and the White Marble No. 2 Placer and extending to the south and west is <br />ten feet (10'), five feet (5') on either side of the centerline. <br />11. Upon the Court's approval of this Additional Settlement Agreement, Gunnison <br />County shall forthwith release that portion of the Lis Pendens in this matter in the records <br />of the Clerk and Recorder of Gunnison County regarding the subject property. <br />12. This Agreement and the Stipulations in it are binding upon the representatives <br />and assigns of the parties hereto. <br />13. A facsimile signature to this document shall have the same effect and shall be <br />accepted as an original. This Document may be signed in counterparts. <br />THE BOARD OF COUNTY <br />COMMISSIONERS OF THE <br />COUNTY OF GUNNISON, <br />COLORADO <br />UNITED STATES OF AMERICA, <br />acting by and through the FOREST <br />SERVICE, U.S. DEPARTMENT OF <br />AGRICULTURE