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HomeMy WebLinkAbout20081017NUMYAGES DOC TAX YD CK # k'1:ES . SO YD _~. ~Q CK N,~~~881 cxc AccT# i RF,TEEES: CAS$ R.O.D. CK# RLTURN_ G U t2-f~r%ce /UE (o Flo !VIIIIVI~PII6'NIIINIInlll~l~!~ NUM: - RD COMP: ' COMPARE:. / Qf~ CADAS: - AO d ADAMS COUNTY, NE FILED INST. NO.~1•U ~ ~~ Date ~-/~/ oB Time~~ ~~ab' REGISTER OF DEEDS RESERVED FOR REGISTER OF DEEDS RECORDING SPACE ADAMS COUNTY NE PAGE 1 OF c~ PAGES ~G/oOV~O~p~ R/W No. NE-TB-PLM-386 County: Adams State: Nebraska Cathodic Protection Agreement The undersigned (herein referred to in the singular as GRANTOR, whether one or more), the owner of the real estate herein described, for valuable consideration received, does hereby grant, convey and warrant to Trailblazer Pipeline Company, 370 Van Gordon St., Lakewood, CO 80228, an Illinois General Partnership„(herein referred to as GRANTEE), its successors and assigns, the rights, privileges and easements to construct, reconstruct, renew, operate, maintain, inspect, alter, repair, remove, and abandon in place a cathodic protection system to protect a pipeline or pipelines for the transportation of gas, said cathodic. protection system to consist of a ground bed of Graphite Anodes buried at a minimum depth of 36 inches and cable conduits between the ground bed and pipeline or pipelines buried to a minimum depth of 36 inches, with the necessary appurtenances, consisting of but not limited to a rectifier, over and through the following described real estate in Adams County, State of Nebraska to wit: Township 6 North, Ranue 9 West of the 6`h P M Section 22: NE/4, Ex. Tract known as Valley View Subdivision (hereinafter referred to as said land) TO HAVE AND TO HOLD the same unto said GRANTEE, its successors and assigns until said agreement to be exercised and so long as any structure installed hereunder is used thereon. And in consideration thereof the parties agree: 1. GRANTEE shall pay to the then owners or tenants or lessee of said land reasonable damages to growing crops, fences, or improvements occasioned in constructing, repairing, or removing said cathodic protection system; and further, covenants to bury ground bed and cable conduits below plow depth. 2. GRANTEE shall have the right of ingress and egress over said land and adjacent lands of Grantor for the purpose herein contemplated over the ways customarily used or convenient to the GRANTOR. 3. GRANTEE shall have the right, from time to time, to cut all trees, undergrowth, and other obstructions, that, in its judgment, may injure, endanger or interfere with the full enjoyment of the rights granted hereby. 4. If any part, term or provision of this agreement is, by a court of competent jurisdiction or regulatory authority having jurisdiction over said land, held to be illegal, void or unenforceable, or to be in conflict with the law of the state which said land lies, the validity of the remaining provisions or portion hereof shall not be affected, and the rights and obligations of the parties shall be construed an enforced as if this agreement did not contain the particular part, term, or provision held to be invalid. 5. This agreement together with exhibits incorporated herein by reference, if any, embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. The terms, covenants and provisions of this agreement shall inure to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of each of the parties hereto. GRANTOR hereby acknowledges that the person securing this Cathodic Protection Agreement is without authority from GRANTEE to make any agreement in respect of the subject matter hereof not herein expressed. Executed this ~_ day of < ~ ~ 2008 ~~~ ~~o~.~o~.~~ Acknowledgment STATE OF ~¢, ~j t"a5 IC a- s s. COUNTY OF /,U2 ~ s{'.~ I, p ,~ L ~,.e,rson , A Notary Public in and for said County in the State aforesaid, do hereby certify that Keith Clasen and Joan Clasen, husband and wife, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered said instrument as their free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of C~V1 . , 2008 GENERAL NOTARY -State of Nebraska ~ SE~~RYN L. ANDERSON My omm. Exp. Oct.13, 2009 My Commission expires: to-a3-~~ 7-- ~~ i ..' k, ~/~-~- Notary Pu lic ~~c3