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887539
RECEIVED
...... , ,~,,~..,, , CLERK
RECORDING INFORMATION ABOVE
EASEMENT AGREEMENT
R/W #
The undersigmed Grantor for and in consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt whereof is hereby aclmowledged, does hereby gq-ant and convey unto Qwest
Corporation a Colorado corporation, hereafter referred to as "Grantee", whose address is 1801 California
St., Suite 5200, Denver, CO 80202, and its successors, assigns, lessees, licensees, and agents, a non-
exclusive easement to construct, reconstruct, modify, change, operate, maintain, and remove certain
telecommunications facilities and appurtenances thereto, from time to time, consisting of a'single buried
cable upon, over, Under and across the following described land situated in the County of Lincoln, State of
Wyoming, which the Grantor owns 'or in which the Grantor has an interest ("Easement Area"), to wit:
An easement being the South Sixteen (16) feet of that part of the Northeast Quarter of the
Southwest Quarter and the Southeast Quarter of Section 19 all in Township 22 North,
Range 115 West of the Sixth (6th) Principal Meridian, lying contiguous to, parallel with and
North of the North right of way line of Wyoming State Highway No. 189 as constructed in
the SW'¼ and in the SE'¼ of Section 19 all in Township 22N, Range l15W of the 6th P.M.
Grantor further conveys to Grantee the right of mgn-ess and egq-ess to and fi'om the above-described
property during all periods of construction, maintenance, installation, reinlbrcement, repair and removal
over and across the lands of Grantor w/th the right to clear and keep cleared all trees and other obstructions
as may be necessary for the Grantee's use and enjoyment of the Easement Area.
Grantee shall indenmify Grantor from and against all damages, claims, and causes of action arising out of
or resulting from Grantee's exercise of the rights and privileges hereto granted. Grantee shall have no
responsibility for pre-existing environmental contamination or liabilities.
Grantor reserves the'right to occupy, use and cultivate said easement lbr all purposes not inconsistent with
the rights herein granted.
Grantor hereby covenants that no excavation, building, structure or obstruction will be constructed,
erected, built or permitted on the Easement Area and no change will be made by grading Ol- otherwise to
the surface 'or subsurface of the Easement Area or to the ground immediately adjacent to the Easement
Area.
Page 1 of 2
Initial
RECORDING INFORMATION ABOVE
This easement shall terminate, upon the first to occur Of either of the ibllowing: (a) the surrender of the
easement by Grantee; or (b) the failure of Grantee to use the Easement Area for the puq~oses herein
contemplated for a period of two (2) consecutive years. At the time of sun-ender, termination or
reversion, Grantee shall remove from the Easement Area the facilities placed by Grantee and shall use its
best efforts to return the easement Aa'ca to as near as possible to its original condition.
The rights, conditions and provisions of this easement shall inure to the benefit of and be bmdingupon the heirs,
executors, administrators, successors and assigns of the respective parties hereto.
Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration iu
accordance with the applicable rules of the American 2M-bitration Association, and judgment 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 property is located.
Dated this
day of October, 2001.
THE PITTSBURG & MIDWAY COAL MINING CO.
STATE OF COLORADO
}ss
COUNTY OF ARAPAHOE . }
x,~ foregoing iastrurne.,nt was aclmowled/g'gd befo,~5 me this /~ clay-of October, 2001. by
'~ ~O~ , as ~. -' ~~ of The Pittsburg
. ,~,M:~dway Coal Mmmg Co., a Missouri cm~oration, on behalf of the cm~oration.
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Exchange
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