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HomeMy WebLinkAboutTIMNATH TAP TRI STATE GENERATION AND TRANSMISSION - Filed RD-ROW DEDICATION - 2005-04-11BK1605 PGu 3 0 1 0 co q.agra.d_ JUM 111914 T w.d bee..hs Ma. 0 jamar r. IOoapar . RIGHT-OF-WAY EASEMENT Mc 4 SNOW ALL MEN BY THESE PRESENTS: 1. That we the undersigned (whether one or more) Roy A. Portner and Margaret R Fortner '1aAN6MJ51lUA AJ1(JUlAIION, INC, of Pence,, Colorado (hereinafter called Grantee), and to its iaceessars ssalgns, a for the a an, construction, reconstruction, repincement removal, main Lsn:mce operation of a electric true unisuan lire consisting of Isles, towers, wires, cables, footings, foundations, erasssrms other enuipmcut and (isturra, ith ri¢ht to alter, repair and remove the same fin whale or fn Dn it at any time, asri¢hbo[-rvoy: is described na follows: In Larimer County An easement withing the SW 1/4 of Section 3, T. 7N., R 68W., 6th P-,M., more particularly described as follows: Beginning at a point on the East line of the SW 1/4 of said Section 3, which lies 1,611.2 feet northerly from the Sobth 1/4 corner of said Section3, said point of beginning being the inter- section of the Northerly right -of way line of the Larimer and Weld Canal (Eaton Ditchj with the East line of the SW 1/4 of said Section 3; Thence N. 67' 34'W, along the northerly right-of-way of said Larimer and Weld Canal, a distance of 32.5 feet; Thence North and parallel to the East line of the SW 1/4 of said Section 3, a distance. of 44.8 feet; Thence N. 4e 59'W., 797.6 feet to a point on the South line of the TRI-STATE GENERATION AND TRANSMISSION AS- SOCIATION, INC., Switching Station site; Thence Easterly along the South line of said switching site 60.2 feet; Thence S. 4e 59'E., 449.7 feet to a point on the East line of the SW 1/4-of Said Section 3; Thence Southerly, 403.8 feet along the East line of SW 1/4, said Section 3, to the point of beginning. Contains 1.0 acre, more or less. 2. That Grantee shall also have the right of ingress and egress across Grantori property for any purpose necessary in emanation with the erection construction, reconstruction, replacement, removal, maintenance and operation of said line. gr Such Ingress ad egress shall 6e acercised in a reasonable manner. S. That Grantee shall also have the right at any time to cut, remove• clear away. trim, and control, by chemical n meas, r uhinery o thv-.vise, a y and all trees brush, and shn,bboy, whether on said strip or adjacent thereto which now r hereafter, in the opinion of Grantee, may interfere with the safe operation and maintenance of the line and equip- nect used in a....mien therewith. 4. That Grantee shall also have the right to install, maintain and use gates in all fences which now or might heart - after cross or be adjacent to said strip. 6. That Crantea shall at it times ,,arcis. due care and diligence to avoid damage W tiro fences, ape, livastoek undehe, personal .d by ,ty an saiid agents sha'hile y the undersigned On any and all damage to the crops of the gne or employees u performing construction or maintenance work on said right- of.ei 6. That Grantors, their heirs or assigns, shall not allow any building or other structures, hay or straw stack• trees or other combustible material or pmmerty to remain or to be placed under or near the transmission line, roles or fixtures In such a manner as to interfere with the safe operation or maintenance of said line or in such manner as might result in damage to the property of either party front fire or other came. q. That Grantors, their hefn sr easslens, agree that all vales, wires and other SaeNties installed on the above - described lands at the Grantee's expense, shall remain the property of the Grantee, removable at the option of the Grantee. 8. That Grantors• their heirs or assigns, shell be entitled to the full use and enjoyment of said premises, subject only to the rights of Grantee herein conveyed. 9. That in the event of removal of the transmission line and abandonment of the right-of-waK for a period of five years, then this a ant shall terminate and all righta under it shall revert to the Grantors, their heirs or assigns. 10. That Grantors covermat and agree to the joint use or occupancy of the line by any other parson, association or corporation for electrification or telephone purposes, 11. That Grantors covenant and agree that they are the owners of the above described lends and that the said lands ' are free and clear of encumbrance end liens of whatsoever character accept those held by the following persons: Easement for existing rights -of' -way, cl „ding right-nA-way fc, Larimer and Weld Canal: and huried telephone, liner electrical transmission line and any other existing easements: �)1.1C /—/NoVs.ra�rn oItne_5 a towN. That the total payment far rights here' ranted eha11 be —}-- Tbe down payment of 55.00 shall be credited on the total due, and the balance of the payment provided for hounds, shall bs t:ld to GrrnWr3 lust prior to the commencement of construction maronder provided, however, that if an each construction commenced, tiers Grantee sban sot be obligated to pay the balance of the payment Provided for. IN 6`IT'NESS WlrEEF.OP, the undersigned have set their bends lh'. 31s t of Maw _, B; 74, . ortner v' k' 'X rl'LT�6�-)rjalP 'L -- argar R. Fortner STATE OF COLORADO }es. COUNTY 06 �A'RIMER I,h'iTeb1P� 6.it�f6 sbn' en of Mav _ _-_ 19 71L baforo me the medereigned. a NotaMryaP 'b c)�'lila conmiivimed and qualified for said County, come R A A to -Pe kna.m-tD-ttt-tlm liddi nl rnl pc m or ivinsorm s or nnmcs nro mb a ibaa W Llro foregoing in trumzst, and vr4nw.L:Jyoltllve\�:cu�t'r�d Omrc.f to fe his, hers or tl,elr colon b,ry act and deed. l}htnes�i)riy�Hnnd,�t,tdrnetn riot seat the day and year nbova written. blr toe IIol�,yi„hn.__ 9/7/1977 ' C�� , No Text