HomeMy WebLinkAbout173_3506_Easement CrMW NICATIONS EASEMENT FILM 173?AH 35(l6
THOMAS DEIBELE and JUDITH K. DEIBELE of 16755 Wilson River Highway, Tillamook OR. 97141,
"Grantor", in consideration of$500.00 and other good and valuable consideration, in
hand paid, the receipt of which is hereby acknowledged, do hereby grant and convey
to TOUCH�AMERICA, INC., a Montana corporation, of 130 North Main, Butte, Montana 59701,
"Grantee", and to its successors and assigns and apportionees, an easement 20 (twenty)
feet in width, being twenty (20) feet on each side of the centerline, upon which to
construct, maintain, operate, replace upgrade and remove a communications system with
necessary appurtenances and any guy wires, which may extend beyond the easement width,
over, under, along and across that certain real property located in Gallatin, County,
State of Montana, and particularly described as follows, to wit.
REPLACE THE STATIC WIRE ON TOP OF THE EXISTING TRANSMISSION LINE WITH A NEW,
COMBINATION STATIC WIRE WHICH CONTAINS A BUILT IN FIBER OPTIC TELECOMMUNICATIONS SYSTEM.
THE PRESENT EXISTING TRANSMISSION LINE CROSSES LANDS OF THE GRANTOR IN GOVERNMENT LOT
NO. 4, (A.K.A. NW4NW4), SECTION 5, TOWNSHIP 2 SOUTH, RANGE 6 EAST, P.M.M. WITHIN AND
BEING A PART OF THAT SPECIFIC ELEC-iRIC POWER LINE DESCRIED IN FILM 90 PAGE 5432, RECORDS
OF GALLATIN COUNTY, MONTANA.
TOGETHER with a reasonable right of access to a from the easement area over lands of
the Grantor using existing roads and trails where practical; the right to use and keep
the easement area free and clear of any and all obstructions or structures, except
fences, and the right to clear and remove all timber, brush or vegetation from the
easement area 10 (ten) feet on each side of the easement and to cut and remove such
timber, brush and vegetation outside of the easement that may in the Grantee's opinion
endanger the communications system, necessary appurtenances or guy wires.
THE GRANTOR does hereby covenant with the Grantee that the Grantor is lawfully seized
and possessed of the real estate above described, and that the Grantor has a good and
lawful right to convey it,, or any part thereof.
WITNESS their hands this 017L. day of 1997.
.��Z6" ��
THOMAS DEIB/FI 01LE /JUDITH K. DEIBELE
STATE OF egm )
II�&VY\ V- - )ss
COUNTY OF )
On this GOkh of , 1997, before the undersigned Notary Public for
jlx� e State of personally appeared Thomas Deibele and Judith K. Deibele
ru' ow to me to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year this certificate first above written.. 7
OFFICIAL SEAL ����� p�'C' ` ��a �t'
JOEANNE C.McCLAVE Not,#y Public-for the State of
NOTARY PUBLIC-OREGON Residing at /1llame
COMMISSION NO.050397 M COIiBm1S51on F
MY COMMISSION EXPIRES JAN.17,2000 Y Expires - 7-�o-ov 'ffia
d^Fil��M le)orded this 2ND day of JUNE , 19 97 at 12:09 o'clock P .M., and
recorded in Book 173 of BLA&&-aye 3506 of the Lecords Of County of GALLATIN ,
State of MONTANA US
FEE: $6.00 PD S
CLERK AND RECORD
/ By �IlMA0 l-tnpLlrl,aLp
Pro;ect• A0 zemQ�t i b er OIQ 7 -,:- RElVRN TO:
Map No.. The Montana Power Company
W.O.No. - Q - 40 East Broadway
Acquired by Butte, MT 59701