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HomeMy WebLinkAbout935127 RECORDING INFORMATION ABOVE CORRECTIVE EASEMENT AGREEMENT Private Easement Individual(s) as Grantor 000538 This Corrective Easement Agreement is being rerecorded to correct the location of the previous easement filed in Lincoln County, Wyoming on 8/4/2006 in Book 629, page 73. The undersigned Donald D. Failoni ("Grantor") for and in consideration of Ten and nollOO dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and convey unto QWEST 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 G~l, State of Wyoming, which Grantor owns or in which Grantor has an interest ("Easement Area"), to Wit:L...~=~(1'\ An easement which is situated in Section 4, Township 21 North, Range 118 West of the 6th P.M., Lincoln County, Wyoming as described in its entirety on EXHIBIT "A" and shown on EXHIBIT "B", which by this reference is made part of and attached hereto. 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 rights and privileges 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 cultivate the Easement Area for aU, purposes not 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 Easement Area. Grantor will warrant and defend title to the Easement Area against all claims. "\. Grantor hereby covenants tllat no excavation, structure or obstruction will be constructed or permitted on the Easement Area and no change will be made by grading or otherwise that would adversely affect Grantee's use and enjoyment of the Easement Area. The rights, conditions and provisions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. ~~~ G~~ - - "' RECEIVED 11/26/2007 at 1 :03 PM RECEIVING # 935127 BOOK: 679 PAGE: 538 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY The foregoing instrument .was acknowledged before me this J.a day of '3 ~~ Ioe.v- , 200]; by 'tx>YìcJlct ~ Fa ,dìrw\.L STATE OF ~0'f ) COUNTY OF L ì V\e.c:ln ) ss: ) [NOTARY SEAL] ~ffu Notary Public My commission expires: y. J 3 - d-O lL- -~ ~. -'j TRISTß. GOPDON/~~ NOTARY PUBLIC Cpo "'. - ",\'f.;\ STATE OF , ,::,p WYOMING MY ;Xd,h :,;.C '. ,(\ ¿ ."'liH:5 APRIL ì3, 20:U. -'''--~''''''''---- Exchange: Kemmerer County: Lincoln R/W#: 39030A Job #: 627B254 EXIDBIT "A" Record Owner: Donald D. Failoni September 12th, 2007 000539 Re: A 16 ft. strip olland in the NW% Section 4, Township 21 North, Range 118 West, Lincoln County, Wyoming, being 8 ft. on each side of the following described centerline: Beginning at a point on the North/South centerline of said Sec. 4 which bears N63°49'23"E, 2925.26 ft. from the WYt comer of said Sec. 4; '. Thence S77°21'55"W, 106.38 ft. to a point; Thence S87°j9'21"W, 325.40 ft. to a point; Thence S83°54'34"W, 326.85 ft. to a point; Thence S6°05'26"E, 5.00 ft. to a point; Thence S83°55'52"W, 947.09 ft. to a point; Thence S42°13'57"W, 84.06 ft. to a point; Thence S52°33'22"W, 18.75 ft. to a point; Thence S77°04'41 "w, 195.97 ft. to a point; Thence N64°54'06"W, 325.78 ft. to a point; Thence N88°55'59"W, 367.61 ft. to a point on the West line of said Sec. 4 which bears Noo15'17"E, 1141.49 ft. from the WYt comer of said Sec. 4, said strip being 2702.89 ft. or 163.81 rods in length and containing 0.99 acres, more or less." RIW# Exchange Section 39030A Kemmerer -L Township 21N Job # 627B254 County Lincoln Range 118W Robert Jack Smith & Assoc. CONSULTING LAND SURVEYORS, Rawlins, WY 82301 Job No. 8536/8613 EXHIBITB 000540 N00015'17"E 1141.49' END CO l'- _ (UI'!DERGROUND BEGIN ~ C") f? ~ ~NDERGROUND g C":i {.\.; 1rJ' + C") f8 N DON 1:0 1:0 10 + ~ Cb: FAlLONI ~~ ~ ~ 0) ~ · ~. <:00 ~O) c:\l 1:0 ..-t f!i I.Q' fa ~è3C\l ~ 0) CO 1:0 C") iC ÇQ ~ ~.~IQ':; + + + + IP -¡.. IP C't'J ~ C\l..¡.. c:\l c:\l 0) 1:0 ~ QJ "t o -f- +c/iC\l 00 0) 0) "'...., fa IQ CIJ...., ...., ..-t..-t ~....,...., ...., BEGIN BLM AERIAL S77°21'55"W 106.38' S87°39'21"W 325.40' * SEC. 5/SEC. RECOVERED 1908 GLO BRASS CAP R/W TYPICAL RIg!!T OF WAY R!W CIL 8' CIL R!W - R!W TOTAL ON DON FAlLONI = 2702.89 FT. = 163.81 RODS = 0.99 ACRES SURVEYOR'S STATEMENT I, Martin A. Pedersen, of Rawlins, Wyo., hereby state that this map was made from notes taken on a survey made by me or under my supervision, and that it correctly represents the location of the proposed cable or facility. Date Sec. 4 T- 21 - N R- 118 -W Scale 1"=1000' Job No. 627B254 QWEST EXHIBIT FOR RIGHT OF WAY NO, ::SQ03DA. GRANTOR DON F AlLONI RL No. Prepared by Robert Jack Smith & Assoc., Inc., P.O. Box 1104, Rawlins, WY Job #8536/8613 09/24/2007