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HomeMy WebLinkAbout897251STATE OF WYOMING COUNTY OF LINCOLN POWER LINE RIGHT-OF-WAY RECEIVED LINOOL!"! C©!Jr',~T,v 0LERK § KNOW ALL PERSONS BY THESE.RRESEN,TS:'' '~: '.:. .., BOO~___PR PAGE 180 THIS EASEMENT, Made this 5th day of Februaw, 2004, between UINTA DEVELOPMENT. COMPANY, a corporation of the State of Wyoming, Grantor, and PACIFICORP, an Oregon corporation, whose address is 825 NE Multnomah, Podland, Oregon 97232, Grantee. WITNESSETH, That Grantor, for.and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does ora nt, bargain, sell and convey unto Grantee, and unto its successors and assigns, an EASEMENT r a right-of-way for the construction, operation, maintenance, repair, renewal, reconstruction, ~em~yal,,an~ use of an overhead electric transmission and distribution line (hereina~er called Fac~hty }, w~th necessaW appudenances thereto, upon, along and under ~he su¢ace of the land ,,situated. ~n,,the County of Lincoln; State of Wvom nh, descr, bed in Exhibit A", (here~na~er' called Premises ) attached and made a pad hereo(toget~er w~th the right of ingress and egress to and from said land for the purpose of exercising the rights herein granted. RESERVING, however, to Grantor, its successors and assigns, the right to construct at any and all times and to maintain including, but not limited to, roads, highways, pipelines and telephone, telegraph and electric power poles and wire lines, over, under andacross (but in such a way as not unreasonably to inteRere with) said Facility of Grantee on the Premises; it being understood that the right so rese~ed to Grantor, its successors and assigns, is retained along with the general right of Grantor; its successors and assigns, to the use of the Premises for any purpose not inconsistent with the use by Grantee of said Easement for the purposes herein defined. This Easement is made subject to all outstanding leases and other outstanding rights, including, but not limited to, those for highways and other roadways and rights of way for irrigat on ditches, pipelines, poles and wire lines and the right of renewals and extensions of the same, and' subject also to all conditions, limitations, restrictions, encumbrances, rese~ations or interests of any person which may affect the Premises, whether recorded or unrecorded, and is made without covenant of title or for quiet enjoyment. The grant of Easement herein made is on the express condition that Grantor, its successors and assigns, shall not be liable to Grantee, its successors or assigns, for any damage occurring to the installations made or to be made by Grantee upon the Premises or for any other damage whatsoever occasioned by subsidence of the suRace of the Premises as a result of mining under- neath the same or resulbng in any other way from the removal of coal 0r other minerals in or underlying the Premises. All operations hereunder shall be conducted at the sole risk and expense of Grantee and in compliance with all federal, state, county and municipal laws, rules, ordinances and regulations which are applicab e to the area of operations including, but not limited, to those pedaining to environment, safety, fire, sanitation, conse~ation, water pollution, air quality, waste management, · toxic and chemical management and repoding, and fish and game. All operations hereunder shall be. conducted in a prudent manner. If, as a result of Grantee's operations upon or use of said Premises hereunder, any statute, law, ordinance, rule, regulation or requirement is violated, Grantee shall protect, save harmless, defend and indemnify Grantor, its officers, employees and/or agents, against and from any and all penalties, fines, costs and expenses, including coud costs and counsel fees, imposed upon or incurred by Grantor, its officers, employees and/or agents, resulting from, or connected with, such violation and/or violations. Grantee shall not suffer or permit any mechanic's lien, or other lien, to be filed against said Premises or anymart thereof by reason of work,, labor,, services, or materials supplied, or claimed to have been supphed, to Grantee, or anyone cla~mlng under Grantee. If any such mechanic's lien, or other lien, shall at any time be filed against said Premises, Grantee shall cause the same to be discharged of record within thirty (30)days of the date of filing the same, and f Grantee shall fai to discharge such ien within such period, then Grantor may, at its option, discharge the same by paying the amount claimed to be due without inquiry into the validity of the same and Grantee shall thereupon reimburse Grantor within thirty (30) days for any payment so made. Grantee is advised that the generation, transportation, treatment, storage and disposal of hazardous wastes are controlled by the Federal Resource Conservation and Recovery Act of 1976 and regulations issued pursuant to the Act and subsequent Acts by the United States Environmental Protection Agency (EPA) and/or state agencies. If Grantee's use of the Premises shall include any regulated hazardous waste activities, Grantee shall first obtain the written permission of Grantor and then shall obtain a hazardous waste permit from the EPA or appropriate state agency and shall provide copy of same to Grantor. Grantee, for itself, its successors and assigns, by the acceptance of this Easement, agrees to indemnify and hold harmless Grantor and its affiliates, their officers, agents, employees, successors or assigns, against and from any and all liability, loss, damage, claims, demands, actions, causes of action, fines, penalties, costs and expenses of whatsoever nature, including attorney's fees and court costs, which may result from personal injury to or death of persons whomsoever, or damage to or loss or destruction of property or the environment, including the Facility of Grantee, and including environmental claims, natural resource damage clain~s, claims for environmental violations, environmental noncompliance, or environmental releases pursuant to the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Superfund Amendments and Reauthorization Act (SARA), the Toxic Substance Control Act (TSCA), the Hazardous Materials Transportation Act, the Federal Insecticide, Fungicide and Rodenticide Act, the Safe Drinking Water Act, Occupational Safety and Health laws, and regulations pursuant thereto or to their state statutory or regulatory equivalents, or growing out of interference with the proper operation of signal, telephone or telegraph lines, or other electrically operated devices or appurtenances of Grantor or its affiliates, or of its or their tenants, when such personal injury, death, loss, destruction or damage, howsoever caused, grows out of or arises from or in connection with the construction, operation, maintenance, repair, renewal, reconstruction, removal or use of said Facility or from electric current conducted thereon or escaping therefrom, unless caused by the sole and direct negligence of Grantor or any of its affiliates or any of its or their officers, employees and/or agents. The term "affiliate" (or "affiliates" as the case may be) as used herein means any corporation which directly or indirectly controls, or is controlled by, or is under common control with Grantor. Grantee shall not assign this Easement, or any interest therein, without the written consent of Grantor, which consent shall not be unreasonably withheld. Subject to the foregoing, the terms and conditions of this grant shall be applicable to Grantee, its successors and assigns. For the purposes of this Easement, abandonment shall be defined as non-use of the Premises or any portion thereof for the uses heretofore stated for the period of one (1) year. In the event of abandonment of the Premises, or any portion thereof, either by non-use or otherwise, all rights herein granted shall cease and terminate with respect to the premises so abandoned, and Grantee, its successors or assigns, shall deliver to Grantor a recordable instrument evidencing that the title to the premises so abandoned is free and clear of said easement as well as any liens, encumbrances, clouds upon or defects in the title to said premises created or permitted to be created by Grantee, its successors or assigns. Termination of the rights granted hereunder shall not relieve Grantee, its .successors and assigns from compliance w~th the covenants and agreements contained herein. If the Facility or any portion thereof is abandoned, and Grantee fails to restorethe portion of the Premises to which the abandoned Facility is appurtenant to its original cond t on within n nety (90) days after receipt of notice from Grantor to perform such activities, Grantor may perform such activities for the account of Grantee. Grantee hereby agrees that the surface of any of the Premises disturbed in the exercise of the rights granted hereunder to Grantee shall be reseeded by Grantee, at the sole expense of Grantee, in a manner consistent with applicable Governmental requirements on comparable adjacent areas of public lands. Grantee shall eradicate all noxious weeds from the Premises and shall not allow the same to go to seed. Additionally, Grantee shall not change the location of or injure any permanent fences or irrigation structures located on the Premises. The Easement herein granted is subject to the needs and requirements of Grantor, its successors and assigns, in the ~mprovement and use of its property, and Grantee shall, at the sole expense of Grantee, move all or any portion of said Fac ty to such new location Or remove said Facility from the Premises, as Grantor may designate, whenever Grantor shall find that such Facility unreasonably interferes with Grantor's contemplated use of the Premises. All the terms, conditions and stipulations herein expressed with reference to said Facility on the Premises shall apply to the Facility as modified, changed or relocated within the contemplation of this paragraph. In accordance with Section 1445(b) (2) of the Internal Revenue Code, Grantor, Federal ID No. 87-0185730, cedifies that it is not a foreign corporation and withholding of Federal Income Tax from the amount realized will not be made by Grantee. Grantor understands that this cedification may be disclosed to the Internal Revenue Service by the Grantee and that any false statement made here could be punished by fine, imprisonment, or both. IN WITNESS WHEREOF, Grantor has caused these presents to be signed by its Agent and Attorney-in-Fact, the day and year first herein written. Attest: Secretary "'"q-~" '" :i"-' J.s,, "-. '; ~,r ~}}~, .'~UNTY;~o'F MONTGOMERY ~, ;':,'..The 'forego ng nstrum_ent was acknowledged '~O~._b,!?r~._ ,2004, by D(2rrll5 C-/')~x~,'f/xn4 bompany. , - WITNESS my hand and officia seal. My commission expires: '~r)/_lan~ q,~/-~, (SEAL) ~3 By:UINTA~~DEVELOPMENT ¢.~MpANY Its: /'"Va rr~; s iL~ e nStVCC ° m b before me this _~_ day of , as President of Uint~ Development ~ I~t~f'y Public ' - "-- - EXHIBIT "A" 183 Eleven strips of land one hundred feet (100') in width located in Sections Five (5), Nine (9) and Fifteen (15), Resurvey Township Twenty (20) Nodh, Range One Hundred TWelve ('112) West, Sections Nineteen (19), Twenty-seven (27), Twenty-nine (29) and Thirty-five (35), Resurvey Township Twenty-onE(21 ) North, Range ~ne Hundred Twelve(112) West, and Sections Seven (7), Nine (9), Thirteen (13.) and Fifteen (15), Resurvey TOwnship TWenty-one(21) Nodh, Range C~ne Hundred Th!deen (11-3)-West of the Sixth (6th) Principal Meridian, Lincoln County, Wyoming lying fifty feet (50) on each side of the roi Owing described centerlines and the sidelines of said strips to be lengthened or shortened to begin and end on the respective properly boundaries: Strip No. !: A strip of land one hundred feet (100 ) in width over and across the Northwest Quarter (NWl/4), the Southwest Quarter (SW1/4) and the Southeast Quader (SE1/4) of Section Seven (7), Resurvey Township Twenty-one (21 ) Nodh, Range One Hundred Thideen (113) West of the Sixth (6th) Principal Meridian, Lincoln County, Wyoming. The boundaries of said right-of-way lie 50 feet on each side of, and are parallel with, the survey line for the Monument-Opal 230kV Transmission Line and are to be extended or shortened to terminate on the West and East Lines of said Section 7. The survey line is described with reference to the Wyoming Coordinate System, West Zone, NAD 83(1993) as follows: Beginning at the intersection of said survey tine with the West Line of said Section 7. a point that bears South 00°19'31" West, 2108.55 feet from the Northwest Corner of said Section ~, evidenced by a 31/2-inch brass capped monument, stamped William H. Smith and Associates Job No. 82080.020; thence South 74°01'30" East, 5052.18 feet to a point hereinafter to be referred to as Point "A"; thence continuing South 74°01 '30" East, 401.37 feet to the intersection of said survey line with the East Line of said Sectior~ 7, a point that bears Nodh 00°03'12" East, 1623.05 feet from the Southeast Corner of said S6ction 7, evidenced by a stone monument. Together with a circular are;4 having a radius of 100 feet, the center of ~vhich is at Point "A" previously described. The total length of described centerline is 5453.55 feet (330.52 rods) and contains an area of 12.79 acres, more or less. sStrip No. 2: A strip of land one hundred feet (100') in width over and across Government Lot 4 of ection Nine (9), Resurvey Township Twenty-one (21) North, Range One Hundred Thirteen (113) West of the Sixth (6th) Principal Meridian, Lincoln County, Wyoming. The boundaries of said right- of-way lie 50 feet on each side of, and are parallel with, the survey line for the Monument-Opal 230kY Transmission Line and are to be extended or shodened to terminate on the West and East Lines of said Government Lot 4. The survey line is described with reference to the Wyoming Coordinate System, West Zone, NAD 83(1993) as follows: Beginning at the intersection of said survey line with the West Line of said Section 9, a point that bears North 00°09'46'' East, 173.12 feet from the Southwest Corner of said Section 9, evidenced by a stone monument; thence South 74°01 '30" East, 506.75 feet to the intersection of said survey line with the East Line pf said Government Lot 4, a point that bears South 10°26'05" East, 2651.16 feet from the West Quarter Corne~ of said Section 9, evidenced by a stone monument. The total length of described centerline is 506.75 feet (30.71 rods) and contains an area of 1.16 acres, more or less. _Strip No. 3: A strip of land one hundred feet (100') in width over and across Government Lot 2, the. Southeast Quader of the Nodhwest Quarter (SE1/4NW1/4), the Nod'heast Quarter (NE1/4) and the Southeast Quarter (SE1/4)of Section Fifteen (15), Resurvey Township Twenty-one (21) North,' Range One Hundred Thirteen (113) West of the Sixth (6th) Principal Meridian, Lincoln County, Wyoming. The boundaries of said right-of-way lie 50 feet on each side of, and are parallel with, the survey line for the Monument-Opal 230kVTransmission Line and are to be extended or shortened to terminate on the West Line of said Government Lot 2 and the East Line of said Section 15. The survey line is described with reference to the Wyoming Coordinate System, West Zone, NAD 83(1993) as follows: Commencing at the intersection of said survey line with the West Line of Section 9, said ToWnship and Range, a point that bears North 00°09'46'' East, 173.12 feet from the Southwest Corner of said Section 9, evidenced by a stone monument; thence South 74°01'30" East, 6022.98 feet to the West Line of said Government Lot 2 for a True Point of Beginning; thence South 74°01'30" East, 4988.44 feet to the intersection of said survey line with the East Line of said Section 15, a point that bears North 00°04'.48'' West, 2454.45 feet from the Southeast Corner of said Section 15, evidenced by a stone monument. The total length of described centerline is 4988.44 feet (302.33 rods) and contains an area of 11.45 acres, more or less. Strip No. 4: A strip of land one hundred feet (100') in width over and across the Southwest Quarter 1SW1/4) and the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section Thirteen 3), Resurvey Township Twenty-one (23) North, Range One Hundred Th rteen (113) West of the ixth (6th) Principal Meridian, Lincoln County, Wyoming. The boundaries of said right-of-way lie 50 feet on each side of, and are parallel with, the survey ne for the Monument-Opal 230kVTransmission Line and are to be extended or shortened to terminate at the West and South Lines of said Section 13. The survey line is described with reference to the Wyoming Coordinate System, West Zone, NAD 83(1993) as follows: Commencing at the intersection of said Survey line with the West Line of Section 14, said Township an.d Range, a point that bears South 00°04'48'' East, 187.69 feet from the West Quarter Corner of said Section 14, evidenced by a stone monument; thence South 74°01'30" East, 5498.59 feet to the West Line of said Section 13 for a True Point of Beginning; thence South 74°01'30" East, 3463.03 feet to the intersection of said survey line with the South Line of said Section 13, a point that bears South 89°54'00'' East, 693.11 feet from the South Quarter Corner of said Section 13, eVidenced by a stone monument. The total length of described centerline is 3463.03 feet (209.88 rods) and contains an area of 7.95 acres, more or less. Strip No. 5: A strip of land one hundred feet (100') in Width over and across Government Lot 1, the Northeast Quarter of the Northwest Quarter (NE1/4NW1/4) and the Northeast Quarter (NE1/4) of Section Nineteen (19), Resurvey Township Twenty-one (21) North Range One Hundred Twe ve (112) West of the Sixth (6th) Principal Mer dian, Lincoln County, Wyoming. The boundaries of said right-of-way lie 50 feet on each side of, and are parallel with, the survey line for the Monument-Opal 230kV Transmission Line and are to be extended or shortened to terminate on the West and East Lines of said Section 19. The survey line is described with reference to the Wyoming Coordinate System, West Zone, NAD 83(1993) as follows: Beginning at the intersection of said survey line with the West Line of said Section 19, a point that bears South 01 °27'26" East 509.56 feet from the Northeast Corner of Section 24, Township 21, North, Range 113 West of the Sixth Principal Meridian, ev denced bv a stone monument thence South 74 01 30 East, 5541.66 feet to the ~ntersect~on of sa~d survey line w~th the East k~ne of smd Section 19, a point that bears South 00°01'45'' West, 1971.33 feet from the Nodheast Corner of said Section 19, evidenced by a 21/2-inch GLO brass capped monument. The total length of desCribed centerline is 5541.66 feet (335.86 rods) and contains an area of 12.72 acres, more or less. Strip No. 6: A strip of land one hundred feet (100') in width over and across the Northeast Quarter (NE1/4) of Section Twenty-nine (29), Resurvey Township Twenty-one (21) North, Range One Hundred Twelve (112) West of the Sixth (6th) Principal Meridian, Lincoln County, Wyoming. The boundaries of said right-of-way lie 50 feet on each side of, and are parallel with, the survey I~ne for the Monument-Opal 230kV Transmission Line and are to be extended or shortened to terminate on the West and South Lines of said Section 29. The survey line is described with reference to the Wyoming Coordinate System, West Zone, NAD 83(1993) as follows: Beginnin9 at the intersection of said survey line with the North Line of said Section 29, a point that bears South 89°42'31" West, 150.90 feet from the Northeast Corner of said Section 29, evidenced by a 21/2-inch Gt_O brass capped monument; thence South 48°03'16.. Fast, 203.07 feet to the intersection of said survey line with the Fast Line of said Section 29, a point that bears South 00°03'34.. Fast, 136.51 feet from said Northeast Corner. The total length of described centedine is 203.07 feet (12.31 rods) and contains an area of 0'.47 acre, more or less. _Strip No. 7: A strip of land one hundred feet (100') in width over and across the Southwest Quarter (SW1/4) of Section Twenty-seven (27), Resurve¥ Township Twent),-one (21) North, Range One Hundred Twelve (112) West of the Sixth (Cth) Pnncipal Meridian, L~ncoln County, Wyoming. The boundaries of said right-of-way lie 50 feet on each side of and are parallel with, the survey hne for the Monument-Opal 230kV Transmiss on Line and are to be extended or shortened to terminate on the West and South Lines of said Section 27. The survey line is described with reference tothe Wyoming Coordinate System, West Zone, NAD 83(1993) as follows: Beginning at the intersection of said survey line with the West Line of said SectiOn 27, a point that bears North 00°00'36'' West, 425181 feet from the Southwest Corner of said Section 27, evidenced by a 21/2-inch GLO brass capped monument; thence South 48°03'16" East, 641.50 feet to the intersection of said survey line with the South Line of said Section 27, a point that bears South 89°38'28" East, 477.07 feet from said SouthWest Corner. The total length of described centerline is 641.50 feet (38.88 rods) and contains an area of 1..47 acres, more or less. .~trip No.8: A strip of land one hundred feet (100')in w dth over and across the Southwest Quarter SW1/4) of Section Thirty-five (35) Resurvey Townsh p Twenty-one (21) North, Range One Hundred Twelve (112) West of the Sixth (Cth) Pr ncipa Mer dian, Lincoln County, Wyoming. The boundaries of said .right-of-way lie 50 feet on each side of, and are parallel with, the surveY hne for the Monument-Opal 230kv Transmission Line and are to be extended or shortened to terminate on the West and South Lines of said Section 35. The survey line is described with reference to the Wyoming Coordinate System, West Zone, NAD 83(1993) as follows: Beginning at the intersection of said survey line with the West Line of said Section 35, a point that bears North 00°00'41" East, 983.40 feet from the SOuthwest Corner of said Section 35, evidenced · by a 21/2-inch GLO brass capped monument; thence South 48°03'16'' East, 1261.81 feet to a point hereinafter to be referred to as Point "A"; thence continuing South 48°03'16" East, 222.21 feet to the intersection of said survey line with the South Line of said Section 35, a point that bears South 89°33'21'' East, 1104.02 feet from said Southwest Corner. Together with a circular area having a radius' of 100 feet, the center of which is at Point "A" previously described. The total length of described centerline is 1484.03 feet (89.94 rods) and contains an area of 3.69 acres, more or less. (~torip No. 9: A strip of land one hundred (100') in Width over and acroSs Government Lot 4, vernment Lot 3, the Southeast Quarter (~E1/4) of the Northwest Quarter (SE1/4NW1/4), the Southwest Quarter of the Northeast Quarter (SW1/4NE1/4) and the Southeast Quarter (SE1/4) of Section Five (5), Resurvey Township Twenty (20) North Range One Hundred Twelve (112) West of the Sixth (Cth) Principal Meridian, L ncoln County, Wyoming. The boundaries of said right-of-way lie 50 feet on each side of, and are parallel with, the survey line for the Monument-Opal 230kV Transmission Line and are to be extended or shortened to terminate on the North and East Lines of said Section 5. The survey line is described with reference'to the Wyoming Coordinate System, West Zone, NAD 83(1993)as follows: Beginning at the intersection of said survev line with the North Line of said Section 5, a point that bears South 89°34'01" East, 1041.07 feet ~rom the Northwest Corner of said Section 5, evidenced by a 21/2-inch GLO brass capped monument; thence South 48"03'16" East, 5652.89 feet to the intersection of said survey line with the East Line of said Section 5, a point that bears Nodh 00°21'50" East, 500.68 feet from the Southeast Corner of said Section 5, evidenced by a 21/2-inch GLO brass capped monument. The total length of described centerline is 5652.89 feet (342.60 rods) and contains an area of 12.98. acres, more or less. Strip No. 10: A strip of land one hundred feet (100') in width over and across the Nodhwest Quarter (NWl/4) and the Southeast Quarter (SE1/4) of Section Nine (9), Resurvey Township Twenty (20) North, Range One Hundred Twelve (112) West of the Sixth (6th) Principal Meridian, L nco n County, Wyoming. The boundaries of said right-of-way lie 50 feet on each side of, and are para e with, the survey line for the MonUment-Opal 230kVTransmission Line and are to be extended or shortened to terminate on the North and East Lines of said Section 9. The survey line is described with reference to the Wyoming Coordinate System, West Zone, NAD 83(1993) as follows: Beginning at the intersection of said survey line with the North Line of said Section 9, a point that bears South 89037'37'' East, 564.40 feet from the Northwest Corner of said Section 9, evidenced by a 21/2-inch GLO brass capped monument; thence South 48°03'16'' East, 6286.17 feet to the intersection of said survey line with the East Line of said Section 9 thence cont nuino South 48°03'16'' East, 1714.27 feet to the intersection of said survey hne with the South Line of~Secbon 10, said Township and Range, a point that bears North 88°53'52" West, 1336.25 feet from the South quarter Corner of said Section 10, evidenced by a 21/2-inch GLO brass capped monument. The total length of described centerline is 6286.17 feet (380.98 rods) and contains an area of 14.43 acres, more or less Strip No. 11: A strip of land one hundred feet (100') in width over and across the Northwest Quarter (NWl/4) of Section Fifteen (15), Resurvey Township Twenty (20) Nodh, Range One Hundred Twelve (112) West of the Sixth (6th) Principal Meridian, Lincoln County, Wyom ng. The boundaries of said right-of-way Iie 50 feet on each side of, and are parallel with, the survey line for the Monument-Opal 230kV Transmission Line and are to be extended or shortened to terminate on the North and East Lines of said Northwest Quarter. The survey line is described with reference to the Wyoming-Coordinate System, WeSt Zone, NAD 83(1993) as follows: Beginning at th? in!er,s, ection of said survey line with the North Line of said Section 15, a po nt that bears South 88 53 52 East, 1284.08 feet from the Northwest Corner of said Section 15, evidenced by a 21/2-inch GLO brass capped monument; thence South 48°03'16'' East, 878.90 feet to a point hereinafter to be referred to as Point "A" thence continuing South 48°03'16'' East 908.66 feet to the intersect on of said survey line with the East L ne of said-Northwest Quarter; thence continuing South 48°03'16" East, 835.21 feet; Thence South 22°33'49'' East, 3885.54 feet to the intersection of said survey line with the South Line of said Section 15, a point that bears North 88°50'11" West, 493.06 feet from the Southeast Corner of said Section 15, evidenced by a 21/2-inch GLO brass capped monument. Together with a circular area having a radius of 100 feet, the center of which is at Point "A" previously described. The total length of described centerline is 1787.56 feet (108.34 rods) and contains an area of 4.38 acres, more or less.