HomeMy WebLinkAboutC08-277,~ ~ .. , w , After recording, return to: Maureen Christie CenturyTel 805 Broadway Vancouver, WA 98660 EASEMENT For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned Eagle County, a political subdivision of the State of Colorado, whose street address is 500 Broadway, Eagle, Colorado 81631, hereinafter referred to as the Grantor, does hereby grant, warrant and convey to CenturyTel of Eagle, Inc. ("CenturyTel"), a Colorado corporation, whose street address is 620 Red Table Drive, Gypsum, Colorado 81637, hereinafter referred to as the Grantee, and its successors and assigns, a perpetual easement ("Easement") to accommodate, bury, install, construct, reconstruct, operate, repair, maintain and use underground, surface and/or aerial communications facilities, together with wires, cables, fiber optic cables, ducts, towers, poles, props, guys, anchors, vaults, pedestals, cabinets, supports, fixtures and/or related equipment (collectively, "Facilities") over, under, across, and upon the following described real property in Eagle County, State of Colorado, to wit: A parcel of land located in Section 10, Township 4 South, Range 83 West of the 6`" P.M., described in that certain United States Land Patent No. OS-2003-0027 recorded on December 31, 2002 at Reception No. 818917 of the records of the Clerk and Recorder of Eagle County, Colorado. The dimensions and location of the Easement on such real property, as set forth on the attached Exhibit A, are as follows: An easement thirty (30) feet in width, the centerline for said easement being a power line as constructed, the approximate location of which, upon the above described property, is shown on Exhibit A attached hereto and made a part hereof by reference. This Easement shall include the right to ingress and egress over the adjacent lands of the Grantor for the purpose of installation, construction, operation, burial, reconstruction, repair, maintenance, use and removal of Facilities and exercising other rights hereby granted, and the right to clear and keep cleared all trees and other obstructions as may be necessary. This Easement shall commence on the date it is recorded and shall continue in perpetuity. No fees, costs or other charges shall be imposed upon CenturyTel in connection with the grant of this Easement to CenturyTel or its use of this Easement. Non-use or temporary non-use of the Easement shall not constitute abandonment. This Easement shall be binding upon and inure to the benefit of the Grantor, CenturyTel, and their respective successors and assigns. The Grantor covenants and warrants that the Grantor is the sole owner of the above-described real property and has all rights necessary to grant this Easement to CenturyTel, and that CenturyTel may peacefully enjoy the rights granted it hereunder. Grantor waives and releases all rights under, or existing by virtue of, any applicable homestead exemption laws, to the extent necessary to grant the rights granted hereunder to CenturyTel. Grantor reserves the right to use the Easement for any purpose, and to grant easements to other persons or entities, provided that any such use and/or easement is not inconsistent with the rights granted to CenturyTel pursuant to this Easement, and further provided that no such use, either by Grantor or any other person or ~J entity, or any such easement, interferes with the rights granted to CenturyTel pursuant to this Easement. Any utility use by Grantor or any other person or entity shall be in conformance with applicable safety codes and regulations. DATED this ~ day of~jl~-~- , 20 8 ~ Grantor: Eagle County Grantee: CenturyTel of Eagle, Inc. By: ~ ~~ tt-_ (signature) .r-- a ~ ~ fit-; 5~-,2... (printed name) Title: ~0.,.>~rro..~ ~~-0~-`"~ Legal description(s) prepared by: CenturyTel of Eagle, Inc. 620 Red Table Drive Gypsum, CO 81637 STATE OF ( ~ C, c~2 ~ .~~ ~~ ) ss. COUNTY OF ~~z nk-k= ) B ~~ Y (signature) ~k.... Nt . ?mac ~1~-- (printed name) Title: ~,~-tJ- M''I~hG~~"' ~, i T e foregoing instrument was acknowledged before me this ~ > ~ -~ day,o ~ c- ~ ~ ~ ; 20(,~ ~, by ~. -c ~ ~ t ~ ~~ 4 `- they ~ Ct v k s ~. ~ ~ ,Lx~ , w - of the Eagle Cou~lty, on be ah if of the County. NANCY R. WRiGHT NOTARY PUBLIC STATE OF COLORADO y Commission Expires 12/18/2010 / ~, ,~~ ~ F i (l -c- -'L~ Notary Public ,;- Residing at ~ ~ ~~' ' ~ E4 ~ ~ c ~ ~ c" Commission expir ' ~ 0 D 2 .~ STATE OF ~Si Sc n n.5,wt ) ss. COUNTY OF ~ a ~ Yo S s ~ ) The foregoing instrument was acknowledged before me this ~ ~ day of ~~~~ 20 (~ by ~~~ I~C l~ . Zi n'1 ~'h er' ,the Ceh era I M~v~a y er of the CenturyTel of Eagle, Inc., on behalf of the corporation. tllINI,44u4,~ q~~ ~'`~ ~k-P~~;~•• 5:., ~q'''~.,,' of Pu lic Residing at ~ Crosse '•yOTARy.~~ ~. = Commission expires /~a~ch ~S. a0/~ .~. ?`n~~i P~BLIL '~_ '~~'''~i..OF • W 1ST-~~~~~~`` 3 s