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HomeMy WebLinkAbout944266 RECEIVED 12/22/2008 at 12:59 PM RECEIVING # 944266 BOOK: 711 PAGE: 473 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00&473 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 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 Lincoln, State of Wyoming, which Grantor owns or in which Grantor has an interest ("Easement Area"), to wit: That part of Lot 8 of the Westhills Subdivision of record in the Office of the Clerk of Lincoln County as Plat No. 343 with instrument No. 749847 and that part of Lot 9E of said Westhills Subdivision, identical with that tract of record in the Office of the Clerk of Lincoln County in Book 463 of Photostatic Records on page 001, within the SWl/4SWl/4 of Section 33, T32N R11 W, Lincoln County, Wyoming, being ten (10) feet either side of the following described centerline: COMMENCING at northeast point of said Lot 9E; thence SOUTH, 60.00 feet, along the east line of said Lot 9E, to a point at the intersection of said east line with the south right-of-way line of Merritt Drive as depicted on said Westhills Subdivision Plat; thence S89°-55'-12"W, 10.00 feet, to the POSITION OF BEGINNING; thence SOUTH, 487.00 feet, along a line parallel with said east line, to a position; thence S700-32'-30"E, 214.00 feet, to a telephone pedestal. 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 all 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 that no excavation, structure or obstruction will be constructed, or pennitted on the Easement Area and no change will be made by grading or otheIWise 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. R/W # 39418 Page 1 of2 Initials ÜOô474 RECORDING INFORMATION ABOVE Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules 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. !Jh; ~~ ~ GRANTOR: R NTERPRISES, LTD. Private Easement Individual(s) as Grantor GRANTOR: STATE OF Wyom}ng ) ) ss: COUNTY OF Lincoln ) The foregoing instrument was acknowledged before me this 3rd day of January 200~ by Geri Fox, Trustee of RG Enterprises, Ltd. ~~~ S!:n::'lCh'('1 J. lr\:-rrH~ " ~~ '.}. <,¡, ...;; ¡<c!i.:-:n' :..I~J~-,ït· Witness mfhamLand official seal: ~' {C__ ~ ./ ~~ ..: / . ary Pub IC I!... .,.J~QUßX&~].f,'/HNu,~.r}!'N':. CC!Jr,;' ~., t,,!·· l...j U:v::cln \0. >'ol~¡n,-, ~~ My Commi:;$jon r.XPir(;!'~I~ - t...:J.,.t:t!J 1 ~:, ·'·;.';:::,. ?,¡.,~..t"f,'-I'-,~..$--;;.~J,~.~-J,~.7.('>. J..(Vj..,~~l· My commission expires: March 8, 2009 R/W# 39418 Job # Drop Exchange Afton County Lincoln Section 22 Township 41N Range 117W Page 2 of2