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hxh i bit 13 -- 2533 8 _ 8 ------- -- ------------- -------- - n <br />Recorder No. 27 ecorde3 2•, , 10 <br />RIGHT -OF -WAY EASEMENT UUU N <br />KNOW ALL MEN BY THESE PRESENTS: <br />1. That we the undersigned (whether one or more) William N. Craig. and John F. Craig, Jr. <br />as Trustees for Ann,:M. <br />(unmarried) (husband and wife) hereinafter <br />called Grantors, in consideration of the sum of Five Dollars ($5.00), receipt of which is hereby acknowledged, and of the <br />further agreements and considerations herein stated, do hereby grant and convey unto TRI -STATE GENERATION AND <br />TRANSMISSION ASSOCIATION, INC., of Denver, Colorado (hereinafter called Grantee), and to its successors and <br />assigns, a perpetual right -of -way for the erection, construction, reconstruction, replacement, removal, maintenance and <br />operation of an electric transmission line consisting of Poles, towers, wires, cables, footings, foundations, crossarms and <br />other equipment and fixtures, with right to alter, repair and remove the same in whale or in part at any time, which <br />right -of -way shall extend fifty (50) feet on each side of the center of the line to be surveyed over and across the following <br />described real property (plus such additional feet as are necessary to properly guy angle structures, if any, located upon <br />said right -of -way), situated in _ Lincoln County, Colorado , as follows: <br />NW-1, Section 27, SE4NE4 Section 28. SE4 Section 28. NW4NE4 Section 33, <br />W14 See s <br />West of the 6th P.M., Lincoln County, Colorado <br />2. That Grantee shall also have the right of ingress and egress across Grantors' property for any purpose necessary <br />in connection with the erection, construction, reconstruction, replacement, removal, maintenance and operation of said line. <br />Such ingress and egress shall be exercised in a reasonable manner. <br />3. That Grantee shall also have the right at any time to cut, remove, clear away, trim, and control, by chemical <br />means, machinery or otherwise, any and all trees, brush, and shrubbery, whether on said strip or adjacent thereto which <br />now or hereafter, in the opinion of Grantee, may interfere with the safe operation and maintenance of the line and equip- <br />ment used in connection therewith. <br />4. That Grantee shall also have the right to install, maintain and use gates in all fences which now or might here- <br />after cross or be adjacent to said strip. <br />5. That Grantee shall at all times exercise due care and diligence to avoid damage to the fences, crops, livestock <br />or other personal property on said real property and shall pay the undersigned for any and all damage to the crops of the <br />undersigned caused by Grantee's agents or employees while performing construction or maintenance work on said right - <br />of -way. <br />6. That Grantors, their heirs or assigns, shall not allow any building or other structures, hay or straw stack, trees <br />or other combustible material or property to remain or to be placed under or near the transmission line, poles or fixtures <br />in such a manner as to interfere with the safe operation or maintenance of said line or in such manner as might result in <br />damage to the property of either party from fire or other cause. <br />7. That Grantors, their heirs or assigns, agree that all poles, wires and other facilities installed on the above - <br />described lands at the Grantee's expense, shall remain the property of the Grantee, removable at the option of the Grantee. <br />8. That Grantors, their heirs or assigns, shall be entitled to the full use and enjoyment of said premises, subject <br />only to the rights of Grantee herein conveyed. <br />9. That in the event of removal of the transmission line and abandonment of the right -of -way for a period of five <br />years, then this easement shall terminate and all rights under it shall revert to the Grantors, their heirs or assigns. <br />10. That Grantors covenant and agree to the joint use or occupancy of the line by any other person, association or <br />corporation for electrification or telephone purposes. <br />11. That Grantors covenant and agree that they are the owners of the above described lands and that the said lands <br />are free and clear of encumbrance and liens of whatsoever character except those held by the following persons: <br />` ��i sG�a:r+ta liti .L %�s File can ICd, u) JA R, c..,C {zd�S-iT•..•.ci ��l -E-' �h r� i • V f'`,? Pll rl,r (, L, �F)� -.�t? •,�•�l {: <br />L6,II ire. C.i'r<,�e °� 4Ji CeLf2o_4-L G(z �LL2 o ti. 12 <br />is Cx<_ r - t e v_e tJrll roP•,< e, 4c- 1, �r s s /�c'GtGrz! 40 C"R� <br />12. That t e total payment for rights herein granted shall be made on the followingg b <br />In h- rigaied ht Cultivated In Permanent Pasture <br />Fields Fields and Meadow Land <br />For Poles $100.00 $50.00 c - $25.00 <br />For Anchors with Guys 100.00 50.00 25.00 <br />For Overhang Only At the rate of $15.00 per tract. <br />The down payment of $5.00 shall be credited on the total due, and the balance of the payment provided for herein shall be <br />paid to Grantors just prior to the commencement of construction hereunder• provided, however, that if no such construction <br />be commenced, then Grantee shall not be obligated to pay the balance of tine payment provided for. <br />Poles or Anchors @ $100.00 each <br />Poles or Anchors @ $ 50.00 each <br />_ 0 oles or Anchors @ $25.00 each $ r1 5 n rr: <br />For Overhang Only <br />A <br />ZN WITN9SS WHEREOF, the undersigned have set their h <br />STATE OF C o !0 (� u �0 1 ss• <br />COUNTY OF l'N Ct I V s nn p <br />�' /elfin, -e 19� 3 , <br />I hereby certify that on this S day of before me the undersigned, <br />V - > <br />a Notary Public, duly commissioned and qualified for said County, <br />��lllrr N <br />to me known to be the identical person or persons whose name is or names are subscribed to the foregoing instrument, and <br />acknowledged the execution thereof to be his, hers or their voluntary act and deed. <br />Witness my hand and notarial seal the day and year above written. <br />My commission expires; , 9!4 <br />Notary Publi <br />