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HomeMy WebLinkAbout929478 000382 RECEIVED 5/18/2007 at 1:17 PM RECEIVING # 929478 BOOK: 658 PAGE: 382 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY RECORDING INFORMATION ABOVE EASEMENT AGREEMENT Private Easement Individual(s) as Grantor The undersigned ("Grantor") for and in consideration of $10.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby gram and convey unto Q'VEST CORPORATION, a Colorado corporation {"Grantee"), whose address is 1801 California St., Suite 5200, Denver, CO 80202, and its successors, assigns, affiliates, lessees, licensees, and agents, a perpetual non- exclusive easement to construct, modify, add to, maintain, and remove such telecommunications facilities, electrical and gas facilities, and other appurtenances, from time to time, as Grantee may require upon, over, under and across the following described property situated in the County of Niobrara, State of Wyoming, which Grantor owns or in which Grantor has an interest ("Easement Area"), to wit: An easement which is described in its entirety on EXHIBIT "A" which is attached hereto and by this reference made a part hereof, all of which is situated in the southerly 10 feet of the easterly forty feet of Lot 1 of the Deer Meadows Subdivision. Grantor further conveys to Grantee the right of ingress and egress to and from the Easement Area during all periods of construction, maintenance, installation, reinforcement, repair and removal over and across Grantor's lands with the right to clear and keep cleared all trees and other obstructions as may be necessary for Grantee's use and enjoyment of the Easement Area. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the lights and pIivileges herein granted. Grantee shall have no responsibility for environmental contamination, which is either pre-existing or not caused by Grantee. Grantor reserves the right to occupy, use and cu!tiv:::te the Easl:ment Area for all pUrposes ¡IOl inconsistent with the rights herein granted. Grantor covenants that Grantor is the fee simple owner of the Easement Area or has an interest in the EaSèment Area. Grantor will warrant and defend title to the Easement Area against all claims. Grantor hereby covenants that no excavation, structure or obstruction will be constructed, or permitted 011 the Easement Area and no change will be made by grading or otherwise that would adversely affect Grantec's llse and enjoyment of the Easement Area. The rights, conditions and provisions of this Agreement shall 11m with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. R/W # 39028 Page 1 of 2 Initials RECORDING INFORMATION ABOVE dOl aOOOOOSL ~·~~N""'<='?:: 13 . .I.~:::""':2':7.:': ~3 ::)"':"1')7" fP l no....... (~.~.,.;t,o'") 0829478 000383 Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable TIlles of the American Arbitration Association, and judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the Easement Area is situated. ~~~-lIJ RANTOR: Jcss Blair Hurd Private Easement Individual(s) as Grantor ì ~/¡J,. /JL P --~-1Lí1ol GRANTOR: Ellen P. Hurd GRANTOR: GRANTOR: STATE OF Wr ) COUNTY OF 1-(II~c/Þ1 ) ss: ) The foregoing instrument was acknowledged before me this .11 day of 200', by Jt:.-5513ItLi,.. ;.)úrd WHo" Ellen I? /Jeu-d ðJc_~ber [NOTARY SEAL] Witness my hand and official seal: Cj}_/À.Ñi 17 ¿" ~ary ~ß 4-£4'011"1'\ " ......~:;~~.~~~::.;~;;~:y.:~~.;~~~~h;;,.,_.~. \~ JANEVE SWENSON - NOTARY PUBLIC s..t ">.' "~~'" ~f ~'f COUNTY OF ~f;~\¡;~.:"~.··' STATE OF ~ LINCOLN ~;\I;tf;~;~ WYOMING ~.·i¡f :\.~ <),,}'Y. ~9~,~'S~'O~[(;':ï::~,s OÇT, 18, 20~~.J~ "·;:··~...,::....::..-:........;1:';."'':)'->~:::r·::,::'''·'''.·'~;·~~V';::'_: My commission expires: j /) --I % - ð '7 R/W# 39028 Job # 627B897 Exchange Afton County Lincoln Section 5 Township 32N Range 119W Page 2 of 2 <:: d o.aOOOOO.9L --0u.....-;:::¡:;:n- ·~Srr::"'::.~ ~nn?: .r.·1 ..'.,.....,r.r,.,...... Ü8294~j8 000384 l .1JEE/P ,A1EI1.DDW,5 :5u8ZJI V. Lor I LOT ê.. ... ÇJ 4v ßÚÆ"/t) ______......... "TY6E E -'-"" ------....,..,.. R.l) Ãb. 12.-/34- ·_.M....~._.__.._ ..____ ...~.._-- Sec. 5 T - 32. - N R- 119 -W Scale 1" = NtJA.J£ Date b-IS-tJh U S WEST Communications, Inc, EXHIBIT FOR RIGHT OF WAY NO. ..39tJz.8 GRANTOR \72;55 BLIl/£. ,1/(/£.1) ELLÐ./ P #t/tfJ.zJ Job No. hc/lf38'<)'1 RL No. / Y4-AZ. Drawn By )1. GI?/66