HomeMy WebLinkAbout905464 RECEIVED 12/23/2004 at 10:29 AM
RECEIVING # 905464
BOOK: 575 PAGE: 741
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
RECORDING INFORMATION ABOVE
R/W# 38356
EASEMENT AGREEMENT
The Pittsburg & Midway Coal Mining Co. ("Grantor") for and in consideration of Ten Dollars ($10.00)
and other good and valuable consideration, the receipt whereof 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 non-exclusive easement to construct, modify, add to, operate, maintain, and remove a single
buried telecommunications cable and appurtenances thereto, under 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:
A sixteen feet (16') wide easement which is described in its entirety on EXHIBIT "A" and
EXHIBIT "B", attached hereto and by the reference made a part hereof, all of which is
situated in the W½ of Section 19 and Lot 37 of Section 19, Township 22N, Range l15W of
the 6t~ P.M., Lincoln County, Wyoming.
Grantor further conveys to Grantee the right of ingress and egress to and from the above-described property
during all periods of construction, maintenance, installation, reinforcement, repair and removal over and
across the lands of Grantor with 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 indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent
exercise of the fights and privileges herein granted. Grantee shall have no responsibility for pre-existing
environmental contamination or liabilities.
Grantor reserves the right to occupy, use and cultivate the easement area for all proposes 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 or otherwise to
the surface or subsurface of the Easement Area that would adversely affect Grantee's use and enjoyment
of the Easement Area.
Page 1 of 2l~tial
:- 742
RECORDING INFORMATION ABOVE
This easement shall terminate upon the first to occur of either of the following: (a) the surrender of the
easement by Grantee; of (b) the failure of Grantee to use the Easement Area for the purposes herein
contemplated for a period of two consecutive years.
The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon 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 in
accordance with the applicable rules of the American Arbitration 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 6m day of January, 2004.
THE PITTSBURG & MIDWAY COAL MINING CO.
Its Vice-president
STATE OF COLORADO }
}ss
CITY & COUNTY OF DENVER }
The foregoing instrument was acknowledged before me this 6th day of January, 2004, by J.G. di Zerega,
as Vice-president of The Pittsburg & Midway Coal Mining Co., a Missouri corporation, on behalf of the
corporation. ~"~"~;~:
'..' 0;' '--~""
,? :" ( ~ q:
~ 38356 Job ~ 327A164
Exch~ge Kemmerer Coun~ Lincoln
W~ and Lot 37, Section 19, Township 22N, ~nge l15W of the 6th P.M.
Page 2 of 2
Notary Public
My commission expires: 3///~/o 7
EXHIBIT "A"
November 25, 2003
8228 Qwest
Pittsburg & Midway Coal Co.
"A 16 ft. strip of land ia thc Wlf2 of Sec. 19 and Lot 37, T22N, R115W, 6z PM,
Lincoln County, Wyoming, 8 ft. on each side of the following described centerline;
Beginning at a point on the Easterly property line of a tract of land as described in
Book 244P1L Page 740, 8.0 ft. North of the Northerly fight of way line of Wyorc~ng
Highway ! 89, which bears N00°09'I 5"E, 2763.22 it. from the Southwest comer of said Sec.
19, said point f, llln~o on a curve concave Southerly;
Thence Easterly along said curve to the right, an arc diztance of 403.38 ft., on a
radius of 2017.86 it., through a radius of i 1°27'13", 8 ft. North of, parallel with and
contiguous to the Northerly right of way of said Highway 189 to a point;
Thence S76°33'16"E, 1077.04 ft., 8 ft. North of; parallel with and contiguous to the
Northerly right of way of said Highway 189 to a point on an existing right of way which
bears N30°35'58"E, 2856.52 fi. from the Southwest comer of said Sec. 19, said strip being
1480.42 ft. or 89.72 rods in length, and containing 0.54 acres, more or less."
LANO SUrVeYORS
RowJim. WY
EXHIBIT "B"
~' 9744
SEC. 19, T22N,
R115W
R/W-~
189 C
R
R/W
C/L
R/W
TYPICAL R/W
R/W
C/L
R/W
TOTAL ON P&M COAL = 1480.42' = 89.72 RODS = 0.54 ACRES, +/-
SURVEYORS STATEMENT
l, Martin A. Pedersen, of Rawlins, Wyo., hereby state
that this mai:) was made from notes taken on a survey made