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Vall Sand Creek
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<br /> KNOW ALL MEN BY THESE PRESENTS:
<br /> 1. That the undersigned NIKOLAUS ARnSCH
<br /> hereinafter called Grantor, in consideration of the sum of Ten Dollars($10.00),and of the further
<br /> agreements,compensation,and considerations herein stated,receipt of which is hereby
<br /> acknowledged,does hereby grant to TRI-STATE GENERATION AND TRANSMISSION
<br /> ASSOCIATION,INC.,of Adams-County,Colorado-(hereinafter.called.Grantee):and_to_its
<br /> agents, successors and assigns,an easement and right-of-way for the erection, construction,
<br /> reconstruction,replacement, modifications, uprating, upgrading,removal, maintenance and
<br /> operation of an electric transmission line consisting of structures,poles,towers,wires,cables,
<br /> footings, foundations, cross-arms and other equipment and fixtures, supporting one or more
<br /> electrical circuits and communication facilities with right to alter, repair,maintain,upgrade,
<br /> permit the attachment of wires of others,and remove the same in whole or in part at any time,on,
<br /> over,under and across the easement and right-of-way which is situated in Weld County,in the
<br /> State of .Colorado and described on the attached Exhibit A.
<br /> 2. That Grantee shall also have the right of ingress and egress across Grantor's property for
<br /> any purpose necessary in connection with the erection,construction,reconstruction,replacement,
<br /> upgrade,removal,maintenance and operation of said line and that such right of ingress and
<br /> egress shall be considered a covenant which runs with the land. Such ingress and egress shall be
<br /> exercised in a reasonable manner.
<br /> 3. That Grantor covenants and agrees that he/she/it is the owner of the above described
<br /> lands, and the rights granted herein are-subject only to easements of record or in use, as well as
<br /> outstanding mineral rights of record in third parties. Grantor further covenants that any,
<br /> subsequent grantees who are granted any interest in the rights-of-way conveyed herein will be
<br /> required to enter into a joint use and maintenance agreement with Grantee,and that this covenant
<br /> shall-be-deemed-to-run-with-the land:
<br /> 4. That Grantee shall also have the right at any time to cut,remove,clear away,trim and
<br /> control,by chemical means,machinery or otherwise,any and all trees,brush and shrubbery
<br /> whether on the rights-of-way described herein,or adjacent thereto,which now or hereafter,in the
<br /> sole and exclusive opinion of Grantee,may interfere with the safe construction,operation and
<br /> maintenance of the line, and the equipment used in connection therewith.
<br /> 5. That Grantee shall also have the right to install,maintain and use gates in all fences
<br /> j which now or might hereafter cross or be adjacent to the rights-of-way conveyed herein.
<br /> 6. That Grantee shall at all times exercise due care and diligence to avoid damage to the
<br /> fences, crops, livestock and other personal property on said real property and shall repair or pay
<br /> the undersigned for any and all damage to said fences,crops, livestock and other personal
<br /> property caused by Grantee's agents or employees while performing construction or maintenance
<br /> work on said rights-of-way.
<br /> I Mill Hill 1111111111 PIN oil 111111111 Hill IN fill THIS DOC'MET WAS FOUND
<br /> 26a4663 00/06 f1999 11:2gA Meld County CO TO BE INADEQUATE FOR
<br /> 1 of 7 R 36.10 D 0.00 JA Suki Teukemeto SCANNING PURPOSES.
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