Easement for Section 8

Transcription

______
RECEIPT FOR REGISTERED ARTICLE NO. 24.01
1 class postage paid.
15 fee oaid.
/6/26
(Datel
:
:
:
/6/26_
:
:
-
-
DICKINSON, N. OAK.
Aug 6 1926
REGISTERED
From F. J. Keller
Addressed to Joseohine Marshall, South Heart, N. D.
Return receipt fee /
Delivery restricted to adressee(in person____ Soecial Delivery fee_______
(or order_____ Postmaster, per____
RECEIPT FOR REGISTERED ARTICLE NO. 24.02
15 fee paid. 1 class oostage paid.
DICKINSON’ N. DAK.
Aug 6 1926
REGISTERED
(Date)
From F. J. Keller
Addressed to Samuel M.rshall, South Heart, N. 0.
Return receipt fee V
Soecial delivery fee_____
Delivery re tricted to addressee(in person
(or order
H
Postmaster, per
Filed for record on the
7
day of Aug A. 0. 1926 at 9:00 o’clock A. M.
By_____
DEPUTIE
REGIER
ol
DEEDS
Document No. 65311
PERMANENT RIGHT-OF--WAY PERMIT
I, Batt Connell, in consideration of the sum of Fifty and no/lOO Dollars (5O.OO),
receipt whereof is hereby acknowledged, do hereby grant to the Northwestern Bell Telephone
Company, a corooration, its successors and assigns, the oeroetual right to construct, operate,
and maintain its telephone and telegraph lines consisting of poles, wires, cables, fixtures,
and anchors, together with the power to extend to any electric or power comoany the right
to use, jointly with the grantee, any pole placed pursuant to the orovisions hereof, uoon
or adjacent to that certain piece of real estate hereinafter described, in the following
manner: The oroperty described above to be located upon and across my property near the
together with the right to trim any trees along said lines
north boundry line of sec.
where necessary to secure a clearance of at least four feet for the wires.
The foregoing right i granted uoon the express condition that the Teleohone Comoany
will assume liability for all dama e to the hereinafter described oroperty caused by said
Company’s failure to use due care in its exercise of the granted right.
The real estRte above referred to is specifically described as follows:
Twp 139 N. Range 9W County of Stark, State of North Dakota except that
The N-i- of sec.
owned by the N. P. railroad.
Witness my hand and seal this 6th day of August, 1926.
Signed Batt Connell
Owner
Witnesses:
‘77. P. O’Connell
A. E. Lumsden
Name of Town____________
Name of Line____
Pole Numbers___________
Secured by A. E. Lumsden
P. 0. address of Owner
South Heart, N. 0.
STATE OF NORTH DAKOTA
County of Stark
On this 6th day of Aug. 1926, before me a Notary Public in and for said County per—
onally apoeared Batt Connell, to me known to be the oarties mentioned in the above grant
and who executed the same, and they did acknowledge that they executed it as their own free
act and deed, and as the free act and deed of each of them.
LI. E. Schafer
Notary Public, Stark County, N. Dak.
LIy commission exoires July 10, 1931
NOTARIAL SEAL
Filed for record the
By
&L- 7i,/
7
day of Aug A. D. 1926 at 11:00 o’clock A. LI.
GISTER OF DEEDS
_________________,County,
___________
KOCH
.‘
-
IGHT OF WAY GRANT
P.
:TAT;
ACCT NO_&
oF_ND1iLH_UAKQiA__
STARK
UNTY O1
———-—i
___
OW ALl., MItN LIV
‘rlit’031i:
INDUSTRIES INC
“
0 BOX ?256 WICHITA. KANSAS 67201
LESlNTS:
f wit icli Is hcrcby acknowledged, and the further con
iistcleiatlon of One Dollar (SLOG) Lu its In hand paid receipt
titted ittid OCCII pied it a: undersigned as Grantor
_p:r roil I a’, to be pidci when such grit it shall he
I
Grantee, its successor:; and assigns, a right of way to con—
as
ln,,
i,
Ii
lash’
n,h
a5fl5’)•y
‘)fl
t\’ttwi’ au,’ flu’ uuuut’’c)
pipe lii Ic stud additiottitl 1)11)0 I ines for the transporta—
1 ‘tile, null at liii 11 uspect alter, repair, reIn OS a lid re—lay a
truct, rent eO rudt, ‘:1 lOS.
fittings. meters and ot tier equipment and appurtenances as may be necessary
valves,
such
id
ai
ucla,
prod
its
ty
of
a
eu
in
peu,roleui
all,
gas,
Of
Ian
In
USn1J.Q1I. over and through certain land situated
ui’u’at ions, with tltu: right. nd ingress and egress to
1
r coi ;lktnr such uu
wit:
___
to
State ot___________________
THAt for a el
iii
.5
0
,
-
Ranpe
Townsbip 1’9N.
5,
9SW
DflCUMEN’t’
lNDFYE
0
P
Of
Office
State of North Dakota,
Cd.
Rep,ater ot Deeds
County 01 Stark,
within jnst:uiniut waS
I hereby oerty that the
day of
on ide _L9_
In this &?ioe or reconi
fit
_,M.,,
o’clock
at*?
2-c.}
ded in Dook _]_ of
‘
.
er4
5
fegister of DeeOs.
-
F. _ss_.fis
4UMENT REIURNW TO
—
for the purpose
assigns, with ugr’.’ and egress to and front the same,
TO HAVE AND TO HOLD unto the said Grantee, its successors and
It is further
the relocation or removal of such at will, in whole or in part.
of construction, inspecting, repairing and maintaining the sante. and
payment
the
upon
lute,
th
first
of
alongside
of
pipe
time lay sit additional line
agreed that said Grantee, its successors or assigns. may at any
the said
enjoy
and
use
fully
to
grantor
said
as herein provided. ‘I’lte
of a ltk& cozisideration and subject to the same benefits and conditions
not to
as
so
depth
sufficient
to
a
pup’
which hereb agrees to bury all
premises, except for the purpose hereabove granted to th said Grantee
to crops or fences from the constiuction, niaint,nance and operation
interfere wud cultivatton of soil and to pay any damages which may arise
of said pipe lines.
of the land above described subject only to outstanchng mortgages,
Grantor represents and warrants that he is the owner in lee simple
any,
now
if
of record in said County.
es, successors
and be binding on the respective heirs, legal representativ
All covenants and agreements herein contained shall extend to
and assigns of the parties hereto,
agreement not
Grantee is without authority to make aiiv covenant or
It is hereby understood that party securing this grant in behalf of
herein expressed.
WITNESS
execution hereof
I,
thi_
‘A
I-
J.
.7,1K,
-
DARLENE
..
Ak.. C
day of
AD. l9......
.
-c1,rth
58655
AkDo
JR•
Address
Name
Address
Name
C-’
Adutr.ss
‘•
‘l
44j,’;l-.
_iii Ic’rth
N
5.655
LaktP
C
Address
‘“S
_day of
“a
and State, on this
Before me, the undersigned, a Notary Public in and for said County
and
-—
personally appeared
d
acknowledge
and
Instrument,
foregoing
and
within
lfnown to be the identical persons who executed the
forth.
set
therein
uses and purposes
,pd”t’asne as their free and voluntary act and deed for the
to me that they xe. t
forth.
set
above
year
Witness y ha4’d and official seal the day and
-
Mike Adatnskj,
MY CO.
‘7
‘‘i
/
Notary Public
A13
9
BOOK
PAGE
31
B00KA292
PAGE
14
Contract:
BB-LR-00785
UNITED STATES OF AMERICA
DEPARTMENT OF ENERGY
WESTERN AREA POWER ADMINISTRATION
TRANSMISSION LINE AND ACCESS ROAD:
CHARLIE CREEK-BELFIELD TRANSMISSION LINE
CONTRACT AND GRANT OF EASEMENT
June , 1990, between
4th
day of
THIS AGREEMENT made as of the
and Darlene L. Zarak,
Jr.,
Zarak,
William J. Zarak, also known as William J.
and
THE UNITED STATES OF
more,
or
husband and wife, (GRANTOR), whether one
Administration
Power
Area
Western
Energy,
of
Department
AMERICA,
pursuant
agreement,
this
executing
officer
by
the
(UNITED STATES), represented
and
acts
388,
Stat.
32
17,
1902,
of
June
to the Reclamation Act, Act
Energy
of
Department
and
the
thereto,
ry
supplementa
ameridatory thereof and
Organization Act, Act of August 4, 1977, 91 Stat. 565.
WITNESSETH:
That the parties hereto covenant and agree as follows:
The GRANTOR, for and in consideration of the sum of Twenty-six
1.
Thousand Six Hundred and Seventy—two Dollars ($26,672.00) and the provisions
contained in this agreement, does hereby grant and convey to THE UNITED STATES
OF AMERICA, and its assigns, a perpetual easement and right-of-way for
electric power transmission purposes in, upon, over and under the land,
described in Exhibits Al, A2, and A3, attached hereto and made a part hereof.
2. The grant of easement shall include the unimpeded right to enter the
above-described easement area and to locate, construct, reconstruct, operate,
maintain, repair, rebuild, upgrade, remove, permit the attachment of wires of
others, and patrol a transmission line consisting of one line of poles or
structures and appurtenances thereto, supporting conductors of one or more
electric circuits of any voltage together with the present and future right to
clear the easement area and to keep the same clear of brush, timber,
inflammable or unauthorized structures or any other materials deemed by the
UNITED STATES to be fire hazards. Growing crops shall not be considered to be
fire hazards. Rights granted herein shall include, where necessary, trimming
or cutting trees or branches over or on or extending within the easement area.
All materials so removed shall become the property of the UNITED STATES and
shall be disposed of by the UNITED STATES in any manner it deems suitable.
3. The GRANTOR also hereby grants and conveys to the UNITED STATES and
its assigns, a perpetual , non-exclusive easement for access road purposes in,
upon, and across, the land described in Exhibits Bi, B2, and B3, attached
hereto and made a part hereof. This grant shall include the right to enter
and locate, construct, use, maintain, repair and rebuild the road(s) together
with cuts and fills as needed.
-1-
Tract No.:
CCR-BEF 1O3ET/EA1/EA2
1O6ET, 11OET/EA
access road(s) described
The GRANTOR shall have the right to use said
rd to life or limb, or
a
haza
herein for any purposes which will not constitute
in granted to the
here
leges
interfere with any of the rights and privi
UNITED STATES.
relocation of said access roads
4. The UNITED STATES shall agree to the
approval from the UNITED STATES
provided that the GRANTOR obtains written
that the GRANTOR furnishes such
er
prior to any relocation and provided furth
ssary and satisfactory to the
nece
easements, rights-of-way, and roads deemed
UNITED STATES for said relocation.
to the easements of record or
5. The rights granted herein are subject
in use as well as outstanding mineral rights.
and diligence in the
The UNITED STATES shall exercise due care
6.
in. The UNITED STATES agrees to
exercise of rights and privileges granted here
to agricultural crops, fences,
repair or compensate the GRANTOR for damage
r improvements within the
irrigation systems, drainage systems or othe
that occurs as a result of and
transmission line and access road right-of-way g, operation and maintenance,
during the construction, reconstruction, upgradinroad.
or removal of the transmission lines and access
D STATES that the GRANTOR
7. The GRANTOR covenants to and with the UNITE
aforesaid; that the GRANTOR has
is lawfully seized and possessed of the land
the same; that the same is
good and lawful right and power to sell and conveyin provided, or as may be
free and clear of encumbrances, except as here
acceptable to the UNITED STATES.
insurance will be
Abstracts or certificates of title, or title rwise provided in
8.
othe
unless
procured by the UNITED STATES at its own expense
ract and grant shall be paid
cont
this
rding
reco
this contract. The expense of
by the UNITED STATES.
TOR in an amount deemed by the
THE UNITED STATES shall reimburse the GRAN
following expenses incurred by
UNITED STATES to be fair and reasonable for the
the GRANTOR:
expenses incidental to
Recording fees, transfer taxes and similar
(a)
D STATES.
conveying the easement described herein to the UNITE
xisting recorded mortgage
(b) Penalty cost for prepayment of any pre-e
property.
entered into in good faith encumbering said real
ES evidence that these
The GRANTOR agrees to furnish the UNITED STAT
him.
items of expenses have been billed to and paid by
r than those expressly
In the event that liens or encumbrances othe
9.
at its option, remove any
provided herein, do exist, the UNITED STATES may,
reserving from the purchase
and all such outstanding liens and encumbrances by
arge same with the money
price herein set forth the necessary amount and disch trued to authorize the
so reserved, but this provision shall not be cons this contract, nor an
st
incurrence of any lien or encumbrance as again
STATES.
D
UNITE
the
by
assumption of any lien or encumbrance
-2-
Tract No.:
1O6ET, 11OET/EA
15
B00KA292
F
18
The United States shall not hold GRANTOR, their successors or
10.
assigns responsible for unintentional damages or those damages resulting from
acts of God or acts of third parties.
11. The GRANTOR shall have the right to cultivate, graze, use, occupy,
and have access to and across the easement area described herein for any
purposes which will not constitute a hazard to life or limb or interfere with
The
any of the rights and privileges herein granted to the UNITED STATES.
the
y
of
activit
any
of
writing
in
the
GRANTOR
notify
UNITED STATES will
GRANTOR’s within the easement area that constitutes a hazard to life or limb,
or interferes with any of the rights and privileges herein granted to the
UNITED STATES.
The following activities are prohibited within the easement area unless
written permission is granted by
Area Manager
Western Area Power Administration
Billings Area Office
P.O. Box 35800
Billings, Montana 59107-5800
GRANTOR shall not erect any structures; by way of example,
(a)
structures shall include, but are not limited to buildings, mobile
homes, signs, storage tanks, septic systems, swimming pools,
tennis courts, or similar facilities.
(b)
GRANTOR shall not drill wells or conduct mining operations.
(c) GRANTOR shall not construct, install or operate above ground
mechanical irrigation facilities which constitute a safety hazard.
GRANTOR shall not appreciably change the character
(d)
existing topography, normal farming practices excluded.
of
(e) GRANTOR shall not grant permission to the public for the use
of the easement area except as herein provided; except, hunting as
regulated by the State of North Dakota shall not be prohibited.
ct roads
The above limitations, however, do not preclude the right to constru
for private or public use across (but not longitudinally along) said
cted in
transmission line easement area(s) so long as said roads are constru
from
feet
accordance with all applicable safety codes and are a minimum of 20
transmission line structures and appurtenances thereto.
shall not unreasonably withhold permission, and it
The UNITED STATES
able
shall be the intention of the UNITED STATES to allow the GRANTOR a reason
use
such
where
right to use and have access across the easement area when and
herein.
ed
shall not interfere with the rights of the UNITED STATES as provid
the
If, however, GRANTOR proceeds without permission to conduct any of
that
prohibited activities named in this article or takes any action
and
constitutes a hazard to life or limb or interferes with any of the rights
have
privileges herein granted to the UNITED STATES, the UNITED STATES shall
deemed
the right, upon discovery of such activity, to take any action
if
appropriate to prevent such activity, including the right to remove
necessary.
Tract No.: CCR-BEF 1O3ET/EA1/EA2
-31O6ET, 11OET/EA
to the
abandonment of any or all rights
ent
man
per
of
nt
eve
the
In
12.
ll be
TED STATES, said abandonment sha the
UNI
the
to
ein
her
nted
gra
d by
easement
recording of a quitclaim dee , or any
ein
effected by the execution and
her
nted
gra
nt
NTOR, and the easeme
UNITED STATES in favor of the GRA
The UNITED STATES, or its
inate.
term
ll
sha
ned
ndo
aba
n
rei
the
e, all
portions
remove, within a reasonable tim behalf
to
ht
rig
the
e
hav
ll
sha
s,
or on
assign
ipment placed on the easement by
or after
ore
structures, facilities, and equ
bef
ther
whe
abandoned area
h
•suc
from
,
TES
STA
TED
land to
UNI
of the
United States shall restore the
The
d.
dee
im
tcla
qui
the
of
on
executi
surrounding land.
conditions consistant with the
be binding
ll inure to the benefit of and inistrators,
sha
eof
her
ons
visi
pro
The
13.
adm
representatives,
personal
executors,
heirs,
the
upon
UNITED STATES.
the
of
gns
assi
R, and the
NTO
GRA
the
of
gns
assi
and
,
successors
sioner shall
to Congress or resident commis
14. No member of or Delegate
ts that may
this contract or to any benefi
of
t
par
or
re
sha
any
to
d
itte
nd to this
be adm
n shall not be construed to exte efit.
tio
tric
res
s
thi
but
m;
efro
her
ben
arise
n or company for its general
agreement if made with a corporatio
the day
hereto have signed their names,
IN WITNESS WHEREOF, the parties
and year first above written.
THE UNITED STATES OF AMERICA
GRANTOR
J€ft11
William J. Za
L
k7)
By
-
Director, Division of Land
Darlene 1. Zarak
APPROVED AS
SUFFIcIjgiJy
CE OF GENE
-4-
Tract No.:
VNSEL
1O6ET, 11OET/EA
B00KA292
P&E
17
____
__
____
____
____
____
____
____
____
________
____
________
KA2O
2
BOO
PAGE
18
S FOR THE CHARLIE CREEK
AMENDMENTS TO THIS CONTRACT AND GRANT OF EASEMENT
BELFIELD TRANSMISSION LINE AND ACCESS ROAD:
e for losses arising from
Paragraph 6 ADD “The UNITED STATES is liabl
ral employees and others, in
personal injury caused by the negligence of fede
as may be amended.”
accordance with the Federal Tort Claims Act,
d and agreed that the GRANTOR
Paragraph 10 ADD “It is specifically understoo
mes no responsibility for any
will not be liable and that the GRANTOR assu
injury or death of persons
liability, loss and/or damage resulting from
uction of property whatsoever, when
whomsoever, or damage to, or loss, or destr
e results from or in connection
such liability, injury, death, loss, or damag
ce of the transmission line and
with the installation, operation, or maintenan igence of the GRANTOR.”
negl
the access roads, and is not caused by the
Paragraph 12
DELETE
“have the right to”
GRANTOR’S INITIALS
DATE
GRANTOR’S INITIALS
DATE
DATE
-
27
—
9
.
GRANTEE’S INITIALS
EXHIBIT Al
FACILITY: CCR-BEF
TRACT: 103ET
Page 1 of 2
REV: 8—30—1989
BELFIELD TRANSMISSION LINE
CHARLIE CREEK
to 115+24
Ref: Sta 69+73
—
A strip of land 165.00 feet in width, lying in Section Eight (8) in Township
One Hundred Thirty—nine (139) North, Range Ninety—eight (98) West, of the
Fifth (5th) Principal Meridian, County of Stark, State of North Dakota, said
strip lying 82.50 feet on each side of the following described centerline:
COMMENCING at the southwest corner of said Section 8, whence the northwest
corner of said Section 8 bears North 02°00’46” East a distance of 5279.46
feet;
THENCE South 88°13’03’ East along the southerly line of said Section 8 a
distance of 2653.60 feet to the POINT OF BEGINNING;
THENCE North 01°54’41” East a distance of 4551.40 feet to the southerly line
of a parcel of land described in an Act of Congress approved July 2, 1884, for
railroad purposes, being the POINT OF TERMINATION, whence the northeast corner
of said Section 8 bears North 76°23’40” East a distance of 2746.58 feet.
The sidelines of said strip are lengthened or shortened to interesect said
southerly line of Section 8, and said southerly line of a parcel of land
described in an Act of Congress approved July 2, 1884, for railroad purposes.
Containing 17.24 acres, more or less.
Bearings used herein are referenced to the North Dakota State Plane Coordinate
Distances are ground distances.
System, South Zone.
Prepared from field data, photogrammetric data and G.L.O.
represent a full on the gound field survey.
plats and does not
R_103
19
______
i
nn1.
OO1JJ6 PAGE
“F’
NW 1/4
SECTION 5
1
I
I
I
I
I
SECTION 5
I
NORTHWEST COR.
ION
______
4U
T.JdQ N.
J.13
I
I
______
COR.
8
RE3AR
SOUTHERLY L I
ACT OF CONGRE
APPROVED JULY 2, I8
FOR R.R. P’
C
TRACT 1O3ET
17.24 ACRES
SECTION 8
01053
I
POINT
THETA ANGLE e SW
COR..SEC. 8
1000 2000
0
LINE
I
SCALE IN FEET
I” = 2000’
IBEG INNING
C’(
PrpQrdBy;4:j
Ibrrick B Coony T.I.pflo. f7I-o74I
(I LB.Ihcnp Os,.. *.uoo. CoIeroao I4)
Pp.1 Of1e. Ba,
D.n,.r.CoIerc4o
LEGEND
•
O
—
—
—
-
FOUND SECTION / QUARTER CORNER
CAL CUL A TED CORNER
OWNERSHIP Li NE
€ TRANSM I SS ION L I NE
TRACT S IDEL INE BOUNDARY
ê ACCESS ROAD / EXISTING TRA IL
UNITED STATES DEPARTMENT OF ENERGY
E5TERN AREA PONER ADMINISTRATION
HEADQUARTERS
-
CHARLIE CREEK
BELFIELD
TRANSMISSION LINE
TRACT FLAT
TRACT NO.
Bearings based on North Dakota Coordinate System,
South Zone. Distances are ground.
DESJGNEO?21
DRAWN
CMECXEO
.
‘
.........
,
IO3ET
RECOMMENDED
—
SEPTEMBER 1989
DART F SECTICN 8, T. 139 N.,
?. 98 W. 5th P. Al. STARK CCUNTY, STATE CF ACRTH DAKOTA REV. 12-04-89
,
COLORADO
GOLDEN,
APPROVED
PAGE
2
—
—
OF
ICCR-BEFI
—
2
IO3ET
EXHIBIT A2
FACILITY: CCR—BEF
TRACT: 1O6ET
Page 1 of 2
REV: 7—26—1989
CHARLIE CREEK
to 174+03
ReE: Sta 168+54
—
One Half (N 1/2) of
A strip of land 165.00 feet in width, lying in the North
North, Range
—nine
(139)
Thirty
ed
Hundr
One
hip
Section Five (5) in Towns
an, County of
Meridi
al
Princip
(5th)
Fifth
the
Ninety—eight (98) West, of
each side of the
on
feet
82.50
lying
strip
said
,
Stark, State of North Dakota
following described centerline:
e the southeast
COMMENCING at the northeast corner of said Section 5, whenc
e of 5350.57
corner of said Section 5 bears South 01°35’28” West a distanc
feet;
the northerly
THENCE South 75°48’02” West a distance of 2723.54 feet to
OF BEGINNING;
POINT
the
being
10,
ay
Number
Highw
right—of—way line of State
rly
southe
the
to
feet
549.51
of
e
distanc
THENCE North 01°54’41” East a
OF
POINT
the
being
94,
Number
ay
Highw
right—of—way line of Interstate
bears North 87°24’15”
TERMINATION, whence said northeast corner of Section 5
East a distance of 2624.70 feet.
n 5.
Except any portion within the Northwest Quarter of Sectio
ed to intersect
The easterly sideline of said strip is lengthened or shorten
10, and the southerly
the northerly right—of—way line of State Highway Number
right—of—way line of Interstate Highway Number 94.
Containing 1.39 acre(s), more or less.
Plane Coordinate
Bearings used herein are referenced to the North Dakota State
System, South Zone. Distances are ground distances.
.
Prepared from field data, photogrammetric data and G.L.O
.
survey
field
represent a full on the ground
R144
plats and does not
B00KA292
FACE
21
19fl
SOUTHERLY R.O.W. LINE
INTERSTATE HIGHWAY NO. 94
F
-
T.14oN.___
TZ139 N.
ECT1ON 5
ND. *6 REBAR
NOI°54’41 “I
549.51
I
101.82’
POINT OF
BEGINNING
NORTHERLY R.O.W. LI,
STATE HIGHWAY NO. I’
I
NE 1/4
SECTION 5
NW 1/4
SECTION 5
I
I
I
I
I
TRACT IO6ET
1.39 ACRES
I
I
-
--
TN
GN
I
I
I
I
S 1/2
SECTION 5
I
SOUTHEAST COR.
SECTION 5
END. *4 REBAR,
L
A
THETA ANGLE • NE
COR..SEC. 5
500
0
1000
j
SCALE IN FEET
1000’
I”
Prporad By:
hut, ick a rpoij T.I.pflon. 3/7I—O?4I
(I E.e.Ihs, Dr iv. *.uoio, CoIoto4s I4)
D.n,sr.CzIolo4o
Post 011o. Boa
LEGEND
C
FOUND SECTiON / QUARTER CORNER
CALCULATED CORNER
OWNERSHIP LINE
€ TRANSMISSION LINE
TRACT SIDELINE BOUNDARY
ACCESS ROAD / EXISTING TRAIL
Beatings based on North Dakota Coordinate Syslem,
South Zone. Dislances ate ground.
UNiTED STATES DEPARTMENT OF ENERGY
HEADOUARTERS
-
COLORADO
GOLDEN.
CHARLIE CREEK
BELFIELD
TRANSMISSION LINE
TRACT PLAT
TRACT NO. IO6ET
RECOJIENDE
DESIGNED 4P772
DRAIN
CHECKED
1
.
—
APPROVED
PAGE
2
—
F
2
PART CF THE N 1/2 CF SECT jay 5,
JUL Y
I989!CCR-BEF[ IO6ET
EXCEPT THE NW 1/4, T. 139 N.,
R. 98 W., 5th P. M. STARK CWNTY, STATE CF ACRTH DAKOTA REV. r-26-89
,
EXHIBIT A3
FACILITY: CCR—BEF
TRACT: 11OET
Page 1 of 2
REV: 11—13—1989
CHARLIE CREEK
to 166+75
Ref: Sta 120+61
-
h, lying in Section Eight (8) and in
A strip of land 165.00 feet in widt
dred Thirty—nine (139) North, Range
Section Five (5), Township One Hun
(5th) Principal Meridian, County of
Ninety—eight (98) West, of the Fifth
of the
strip lying 82.50 feet on each side
stark, State of North Dakota, said
following described centerline:
west
of said Section 8, whence the north
COMMENCING at the northeast corner
.74
of
5290
nce
dista
a
West
h 88°13’34”
corner of said Section 8 bears Nort
feet;
deed
nce of 2653.89 feet to the northerly
THENCE South 87°37’41” West a dista
in
rded
reco
121,
Page
at
in Book 31
line of that parcel of land described
e, being the POINT OF BEGINNING;
Offic
s
rder’
Reco
k
and
Stark County Cler
nce of 4613.63 feet to the southerly
THENCE North 01°54’41’ East a dista
10, being the POINT OF
State Highway No.
right—of-iay line of North Dakota
5 bears North
ion
Sect
said
corner of
TERMINATION, whence the northeast
feet.
72°14’46” East a distance of 2778.64
hwest Quarter of said Section 5.
Except any portion within the Nort
is lengthened or shortened to intersect
The easterly sideline of said strip
el of land described in Book 31 at Page
said northerly deed line of that parc
southerly
k and Recorder’s Office, and said
121, recorded in Stark County Cler
The westerly sideline is
10.
No.
right—of—way line of State Highway
el
said northerly deed line of that parc
lengthened or shortened to intersect
121 and the southerly line of the
of land described in Book 31 at Page
Northwest Quarter of said Section 5.
less.
Containing 14.65 acre(s), more or
Coordinate
d to the North Dakota State Plane
Bearings used herein are reference
.
nces
Distances are ground dista
System, South Zone.
mmetric data and G.L.O.
Prepared from field data, photogra
survey.
represent a full on the ground field
plats and does not
omcA292
II 189
t
23
____
!IiUL.
F
--
I
6L
I
I
I
1
I
I
I
I
I
-ERLY R.O.W. LINE
DAKOTA STAT HWY. NO.
1
POINT OF
TERM NAT ION
NW 1/4
SECTION 5
I
ION 5
*6 REBAR
-
--
TRACT I IOET7
14.65 ACRES
—-
SECTION 5
I
I
I
5
8
NORTHWEST COR.
SECTION 8
FND. REBAR W/ALUM CAP
\
S
_
R
.j
A
R
O
E
O
N
H
T
C
L\
tO
TN
GN
DA ANGLE @ NE
COR. SEC. 8
1000
500
0
,
—1
SCALE IN FEET
1000’
1”
POINT O’
BEGINNINGJ
NORTHERLY DEED LINE
BK. 31, PG. 12)
STARK COUNTY CLEI
S RECORDER’S OFFII
I
I
Prepared
SECTION 8
LEGEND
CORNER
FOUND SECTION / QUARTER
CAL CUL .4 TED CORNER
OWNERSHIP LINE
NE
‘ TRANSMI SS ION LI
TRAIL
ACCESS ROAD / EXISTING
0
Coordinole Syslein,
Bearings based on Nor/h Dakola .
Soulh Zone. Dislances ore ground
N 5, EXCEPT
PART cv SECTION 8 AND SECTiO
, SEC. 5, T. 139 N.,
1/4
NW
ANY PORTION Wi THIN THE
TE CF i\CRTH DAKOTA
51h P. M. STARK COUNTY, STA
1?. 98
,
,
:h
8
y
Merrick a Ccxrpony
Telephen. O3/7aI—O74
ra, Colorxdo 8X141
(I5 E.B.thax, Drixi .‘xuo
.r.Colorcdo D
Po, Ott ice Box 22C6 D.nv
MENT OP ENERGr
mi TED STATES DEPART
R ADMINISTRATION
WESTERN AREA POWE
GOLDEN, COLORADO
HEADQUARTERS
-
CHARL 1E CREEK
BELFIELD
TRANSMISSiON L IIJE
TRACT PLAT
TRACT NO.
DES) GNEDA64
DRAWN.
CHECKED
REV.
11-13-89
.
IIOET
RECOA1MEllL7Eifl
APPROVED
—
EXHIBIT B1
FACILITY: CCR-BEF
TRACT: 1O3EA1
Page 1 of 3
8—30—1989
REV:
AR 116
CHARLIE CREEK
at P.O.B.
118+08
Sta
Ref:
-
ACCESS ROAD
in the Northwest Quarter
A strip of land 30.00 feet in width, lying
One Hundred Thirty—nine (139)
(NN1/4) of Section Eight (8) in Township
Fifth (5th) Principal
North, Range Ninety—eight (98) WeEt of the
Dakota, said strip lying 15.00
Meridian, County of Stark, State of North
centerline of an existing
feet on each side of the following described
trail:
Section 8, whence the
CON1IENCING at the northeast corner of said
88°13’34” West a distance
northwest corner of said Section 8 bears North
of 5290.74 feet;
of 3337.44 feet to the southerly
THENCE South 84°08’40” West a distance
Act of Congress approved July
line of a parcel of land described in an
POINT OF BEGINNING;
2, 1884, for railroad purposes, being the
of 44.38 feet;
THENCE South 29D5712t East a distance
of 25.78 feet;
nce
dista
a
West
50”
THENCE South 40°50’
of 232.85 feet;
nce
dista
a
West
17”
THENCE North 67°0l’
of 93.89 feet;
nce
dista
a
West
12”
of 418.22 feet;
nce
dista
a
West
47’
of 31.75 feet;
nce
dista
a
West
32”
of 91.45 feet;
nce
dista
a
West
08’
THENCE North 81°40’
1435.42 feet to the southerly
of
nce
dista
a
West
THENCE North 55°34’53”
d for road purposes being
right-of-way line of a parcel of land reserve
the northerly line of said
33.00 feet southerly of and parallel with
whence said northwest corner
Section 8, being the POINT OF TERMINATION,
distance of 129.10 feet.
of Section 8 bears North 73’24’58” West a
or shortened to intersect
The sidelines of said strip are lengthened
ed in an Act of Congress
said southerly line of a parcel of land describ
es, and said southerly
approved July 2, 1884, for railroad purpos
d for road purposes being
right-of—way line of a parcel of land reserve
the northerly line of said
33.00 feet southerly of and parallel with
Section 8.
Said strip contains 1.63 acres, more or less
fl 108
BODKA2O2
r
BooKA292
PAGE
26
FACILITY: CCR-BEF
TRACT: 1O3EA1
Page 2 of 3
8—30—1989
REV:
e
d to the North Dakota State Plan
Bearings used herein are reference
.
nces
dista
nd
grou
are
s
Distance
Coordinate System, South Zone.
0.
1 photogrammetric data and G.L.
Prepared from field data
ey.
surv
d
fiel
nd
grou
does not represent a full on the
R_1 08
plats and
_
______________________
WESTERLY LINE
SW I/s, SEC. 5
NORTHWEST COR.
SECTION 8
1
D. REAR W/ ALUM. CAP
SW 1/4
SECTION 5
POINT OFj
CC,IENCEMENTI
I
NORTHEAST COR. I—’
_ON8I
FND. 414 RE3ARI
I NT OF
INNING
POINT CF
TERM! NATI
SOUTHERLY R.O.W. LII
PARCEL RESERVEDI
FOR ROAD PURPOSES
I
TRACT IO3EAI
1. 63 ACRES
L7’
‘L6
I
SOUTHERLY LI
ACT OF CONGRE
APPROVED JULY 2. 181
FOR R.R. PURPOSE
NW 1/4
SECTION 8
l
1
I
I
I
I
I
NE 1/4
SECTION 8
I
1-
--
I
I
I.
I
TN
ON
01°52’07
L
L
L
L
L
L
2
3
4
5
6
7
L 8
S29°57’ 12”E
S40O 50’ 50”W
N67°O1 ‘ 17”W
S68°O9’ 12”W
S36° 17’47”W
S55°09’32”W
0
8
1
04
0
1
1
N81 W
53”W
°34’
N55
44. 38’
25. 78’
232. 85’
93. 89’
418. 22’
31. 75’
91 45’
1435. 42’
.
-
THETA ANGLE • NE
COR. . SEC. 8
lOGO
500
0
74I
Caypony T.I.phoe /7I—C
I.brr,ck
CI.ro, 14)
(I LS.IMn, Ot,,.
O.n,.r.Colotoao
PomI Off c.
SCALE IN FEET
I” = 1000’
LEGEND
—
—
—
—
—
—
—
—
-
-
CALCULATED CORNER
OWNERSHIP L I NE
£ TR.4NSM ISS ION L I NE
TRACT SIDEL INE BOUNDARY
£ ACCESS ROAD / EXISTING TRAIL
,
Beaiings based on NoHh Dokolo Coordinale System
Soulh Zone. Distances are ground.
4RT CF THE MV I/1 CF SECT!CV 8, T. 139 N., D.LV<OTA
H
R. 98 W. 5th P.M. STARK CØJNTY, STATE CF I\CRT
,
,
Cf{
By:4I
UNITED STATES DEPARTMENT 0F
E.’WERGf
HEADOUARTERS
-
GOLDEN.
COLORADO
CHARLIE CREEK
BELF1ELD
TRANSMISSION LINE
ACCESS ROAD PLAT
TRACT NO.
D
’
6NE
2
DES) 4
DRAIN ‘4
CHECXEO
SEPTEMBER
REV.
—
.
IO3EAI
RECOMMENDED
APPROVED —
PAGE
1989
3
OP
ICcR-BEFI
—
——
—
3
IO3EAI
12-04-89
A29 PkE
BOOkA292
PAGE
28
EXHIBIT B2
FACILITY: CCR—BEF
TRACT: 103EA2
Page 1 of 3
AR 83
CHARLIE CREEK
83+26 @ POB
Ref: Sta
—
ACCESS ROAD
n Eight (8) in
A strip of land 30.00 feet in width, lying in Sectio
Ninety-eight (98) West
Range
North,
Township One Hundred Thirty—nine (139)
State of North
Stark,
of
County
an,
of the Fifth (5th) Principal Meridi
following
the
of
side
each
on
Dakota, said strip lying 15.00 feet
trail:
g
described centerline of an existin
whence the northwest
COMMENCING at the southwest corner of said Section 8,
distance of 5279.46
a
East
4”
02°00’
North
corner of said Section 8 bears
feet;
the westerly
THENCE North 64°03’12° East a distance of 2908.12 feet to
Tract 1O3ET,
Line
ission
Transm
ield
Self
easement line of Charlie Creek
the POINT
being
,
Office
ers
Record
and
Clerk
County
to be recorded at Stark
OF BEGINNING;
THENCE South 86°05’18’ West a distance of 167.46 feet;
THENCE North 87°18’27” West a distance of 430.21 feet;
THENCE South 87°43’06” West a distance of 408.78 feet;
THENCE North 80°42’lB” West a distance of 120.69 feet;
THENCE North 84°16’OO” West a distance of 359.82 feet;
the easterly
THENCE North 60°06’04” West a distance of 26.40 feet to
purposes being
road
for
d
reserve
land
right—of—way line of a parcel of
of said Section
line
ly
wester
the
33.00 feet easterly of and parallel with
of Section
corner
est
southw
said
8, being the POINT OF TERMINATION, whence
feet.
3
1369.5
of
e
8 bears South 03°23’36” West a distanc
—
ed to intersect said
The sidelines of said strip are lengthened or shorten
ission Line Tract
Transm
d
Belfiel
westerly easement line of Charlie Creek
Office, and said
ers
Record
and
1O3ET, to be recorded at Stark County Clerk
road purposes
for
d
reserve
land
of
easterly right—of—way line of a parcel
line of said
ly
wester
the
with
l
being 33.00 feet easterly of and paralle
—
Section 8.
Said strip contains 1.75 acre(s), more or less.
R_1 80
FACILITY: CCR-BEF
TRACT: 103EA2
Page 2 of 3
North Dakota State Plane
Bearings used herein are referenced to the
are ground distances.
Coordinate System, South Zone.. Distances
data and G.L.O.
Prepared from field data, photogrammetric
.
survey
field
ground
the
on
not represent a full
Ri 80
plats and does
eooicA292
PAGE
29
800KA292
PAGE
30
-
--
NORTHWEST COR.
SECTION 8
FND. REBAR
W/ALUM CAP
I
I
I
Li
L2
L3
L4
L5
L6
L7
S86”05’ 18”W
N87° 18’27”W
N88°07’41 “W
S87°43’06”W
N80°42’ i8”W
N84° 16’OO”W
N6O°OO4”W
167.46’
430.21’
1029.20’
408. 78’
120.69’
359. 82’
26.40’
SECTION
IWESTERLY EASEMENT LINE
BELFIELD
ICHARLIE CREEK
_JTRANSMISSION LINE TRACT
IO3ET, TO BE RECORDED.
STARK COUNTY CLERK
8 RECORDER’S OFFICE
8
-
Y R.O.W. LINE
PARCEL RESERVED
FOR ROAD PURPOSES
POINT OF
TERMINATI
TRACT 103EA2
1.75 ACRES
1
I
I
I
I
NO
I
S03°23 ‘36”
TN
1
--
3
053
1
O1
O
POINT OF
CO1vTENCEMENT
SOUTHWEST COR.
SECTION 8
FND. REBAR W/ALUM CAP
THETA ANGLE I SW
COR..SEC. 8
501000
0
Prepared
SCALE IN FEET
1000’
=
LEGEND
0
CORNER
FOUND SECTION / QUARTER
CAL CULA TED CORNER
OWNERSHIP LINE
€ TRANSMJ SS JON L I NE
TRACT SIDEL INE BOUNDARY
TRAIL
€ ACCESS ROAD / EXISTING
Coordinale System,
Bearings based on Nodh Dakotand.
South Zone. Distances are grou
1’C(
:N
8
y
f75I—O74I
M.rrlck STpany TeI.pfloniCoIorod I4)
(I LBIMAi Dr i.e
elcrcdo
O.e,.t.C
Poit 0111cc Dec
NT OF EWERCY
UNITED STATES DEPARTME
ER ADMINISTRATION
1/ESTERN AREA POWGOLD
EN. COLORADO
HEADOVARTERS
•
-
CHARLIE CREEK
BELF1ELD
TRANSMISSION LINE
ACCESS ROAD PLAT
TRACT NO.
DES 16NED/?I1
DRAWN
cxEC.cED
.
-—
IOSEA2
RECOMMENDED
APPROVED —
PAGE
3
OF
SEPTEMBER 19891CCR-BEFI
N.,
139
T.
8,
PART CF SECTICV
, STATE CF !‘.CRTH DAKOTA REV. 12-04-89
R.98 W. ,51h P.M. ,STARK CCJNTY
—
—
3
103EA2
EXHIBIT B3
FACILITY: CCR—BEF
TRACT: I1OEA1
Page 1 of 2
AR 125
CHARLIE CREEK
Ref: Sta 125+90 @ POB
—
ACCESS ROAD
(5) in Township
A strip of land 30.00 feet in width, lying in Section Five
West of the
(98)
-eight
Ninety
Range
One Hundred Thirty—nine (139) North,
Dakota,
North
of
State
Stark,
of
County
Fifth (5th) Principal Meridian,
ed
describ
ing
follow
the
of
side
each
said strip lying 15.00 feet on
centerline:
the southwest
COMMENCING at the southeast corner of said Section 5, whence
of 5290.74
e
distanc
a
West
34”
88°13’
corner of said Section 5 bears North
feet;
West a distance of 2583.24 feet to the easterly
THENCE North 8100514
Belfield Transmission Line Tract 11OET,
and Recorders Office, being the POINT
Clerk
to he recorded at Stark County
—
OF BEGINNING;
THENCE North 86°49’13” East a distance of 161.58 feet;
THENCE !1orth 66°48’OS” East a distance of 76.17 feet;
THENCE North 39°48’21’ East a distance of 78.12 feet;
West a distance of 466.82 feet to said easterly
THENCE North 32°39’39
Belfield Transmission Line Tract 11OET,
the northeast corner of said
whence
being the POINT OF TERMINATION,
e
of 5123.80 feet.
distanc
a
Section 5 bears N31°33’lO”E
—
ed so as to begin and
The sidelines of said strip are lengthened or shorten
Belfield
Creek
Charlie
of
line
nt
easeme
y
terminate on said easterl
Clerk and
County
Stark
at
ed
record
be
to
Transmission Line Tract 11OET,
Recorders Office.
—
Said strip contains 0.60 acre(s), more or less.
State Plane
Bearings used herein are referenced to the North Dakota
es.
distanc
ground
Distances are
Coordinate System, South Zone.
.
Prepared from field data, photogrammetric data and G.L.O
not represent a full on the ground fiel
plats and does
Date
Ref:
For and
of Merrick
R 501
—
922
B00KA
PkGE
31
EUOKA2OZ
PACE
32
_____
THEAST COR.
ION 5
46 REBAR
EASTERLY EASEMENT LII
BELF lEt
CHARLIE CREEK
TRANSMISSION LINE TRA
1 IOET, TO BE RECORDED,
STARK COUNTY CLE
& RECORDER’S OFF]
ISOUTHERLY R. 0. W.
TH DAKOTA STAT HWY.
NO.
10
I
NW 1 /4
SECTION 5
I
L
L
L
L
L
I
2
3
4
5
161.58’
76. 17’
78. 12’
90. 57’
466. 82’
N86°49’13”E
N66°48’05”E
N3948’2I”E
N06°20’23”W
N32°39’39”W
SECTION 5
TN
POINT OF
TERMINATI
RACT I 1OEA1’
0.60 ACRES
P0
1
O1°52’O7”
I
L
SOUTHWEST COR.
SECTION 5
FND. REBAR V/ALUM CAP
/H
KIO
31 0 ‘q
i
DA ANGLE @ SE
COR. ,SEC. 5
1000
500
0
cç
I
POINT OF
BEGINNING
SCALE IN FEET
1” = 1000’
Prepared By
ROTE:
TRACT I1OEA1 IS 30’ IN WIDTH,
15’ ON EACH SIDE OF
.
LEGEND
0
UII TED STATES DEPARTMENT OF ENERGY
-
CAL CUL.4 TED CORNER
OWNERSHIP LINE
TRANSMISSiON L INE
ACCESS ROAD / EXISTING TRAIL
orings based on North Dakota Coordinate System,
u/h Zone. Distances are ground.
T. 139 N.,
• 511, P. i ST,1i( CrL’’T)’,
? T CF S!EC Ti CI’) 5,
M.i’i’ick B Ccrrpony T.I.phon. O3/75I—O74I
I5 .9.Ihan, Div. Autcro. Colorcdo 4)
Post Oftic. Box 6 D.x,.r.CoIo(odo
STATE
(E
AU?TIl D/WQ1A
HE.4DOUARTERS
-
COLORADO
GOLDEN,
CHARLIE CREEK
BELFIELD
TRANSMISSION L1tIE
ACCESS ROAD PLAT
TRACT NO.
DES JGkçEPj.;iPic_
DRAWN
CHECKED (-
IIOEAI
OFç’
4
RECOUMEN
,
.
—
AppRovEDr:4L.
PAGE
2
F
A 212
—
2
PA1
3
rooKA292
PAGE
34
AC 1(NO WL ED GIIE NT
)
NORTH DAKOTA
STATE OF_
Ss.
STARK
COUNTY OF
4th
On this
90
before me,
,
Year 19
personally appeared
day of
,
June
Bruce R. Howe
,
in the
a Notary Public,
L. Zarak
William J. Zarak and Darlene
persons
known t,o me tobe the
t William L.
nent, and acknowledged to me tha
whQ executed the withir instru
executed the same.
Zarak and Darlene L. Zarak
i\
-1
‘
‘(
Ncrtary Public for
(SEAL)
a.
Residing at
My commission expires
276009
___
l
______
f
______
n
DOCUMENT ___
D
EXE
IND
M
G
G
P
County of Stark
J
ss.
Office of
Register of Deeds
nt was tiled in
I hereby certify that the within instrume
day of
I s office for record on the
3IL..1.__
‘/7o’CioCk_R
at
x:
an was duly recorded in Bookfll
on Page Iii..
.,
Of/%4...Q.L.’
3
(_4_
cf47
By
Register of Deeds
DenLJtv
FEESS
INSTRUMENT RETURNED TO
‘I,
&&‘uL
!1
,s
i
Lc
4
Zk
.
145 ..J
P. 0. L 1055
1v’OilI @LJ:.I 54’tOl
1&ll.WIa
‘—----—
North Dakota
Bruce R. Howe
Stark County, ND
11/27/95
—
Nk1A
Lf?jL/
EASEMENT AGREEMENT
as of
the 3D44_j. day
made
is
AGREEMENT
EASEMENT
THIS
NORTHERN
BURLINGTON
1991, by and between
,
of NII’i1
and
Grantor,
corporation,
Delaware
a
COMPANY,
RAILROAD
HIP,
a
PARTNERS
LIMITED
COMPANY
COMMUNICATIONS
SPRINT
US
Grantee.
partnership,
limited
Delaware
Communications
Sprint
US
that Grantor and
WITNESSETH.
General”)
(‘Sprint
New York general partnership
Company, a
dated as of February
Agreement
Right—of—Way
entered into a
Grantor
whereby
“Agreement”),
the
(hereinafter,
18, 1988
construct,
to
rights
certain
General
Sprint
to
granted
telecommunica
optic
operate, maintain, and replace a fiber
under
property of Grantor
on the
tions transmission system
and
the terms and conditions contained in said Agreement;
THAT, Grantee has succeeded to the rights and obligations
of Sprint General under the Agreement.
Ten Dollars
THEREFORE, for and in consideration of
NOW,
and
d,
acknowledge
receipt of which is hereby
($10.00), the
these
by
Grantor
,
valuable consideration
for other goad and
non—exclusive
a
Grantee
to
grant
hereby
does
presents
subject to
17,
2028,
EASEMENT for a term expiring on February
Agreement,
the
set forth in
as further
Grantee
renewal by
of Stark, State
County
the
in
situated
locations
in the
described in Exhibit A,
particularly
more
Dakota
of North
this reference made a part hereof.
and
by
hereto
attached
presents
Grantee by the
such grant,
for
consideration
In
Grantors
activities on
conduct its
agree to
hereby
does
times with the terms
consistent at all
property in a manner
terms and conditions
Agreement, which
and conditions of the
a
made
incorporated herein and
reference,
this
by
are,
hereof.
part
Grantee has
and
Grantor
each of
WHEREOF,
WITNESS
IN
authorized
duly
its
by
caused these presents to be signed
all
affixed,
hereunto
be
to
and has caused its seal
officer,
written.
as of the day and year first hereinabove
BURLINGTON NORTHERN
RAILROAD COMPANY
-4-’
9
4i6iad€
1
,{
Q
BY:
D.
TITLE:
P.
Schneider
Manager,
Title Services
US SPRINT COMMUNICATIONS
COMPANY LIMITED PARTNERSHIP
BY:
James B.
Farris
Director, Contract&
TITLE:
Real Property Administration
97
OOKA2
RACE
19
_______
97
OOKA2
STATE
OF
?A3E
KANSAS
20
)
ss.
COUNTY
OF
JOHNSON
)
1991, before me, a
day
On this
known to
James B. Farris
Notary Public, personally ap ered
me to be the Director—Contract & Real Property Administration
limited
a Delaware
Company,
Communications
Sprint
of
US
partnership, the limited partnership that executed the within
limited partner
instrument and acknowledged to me that such
ship executed the same.
Notary Public
My Commission Expires:
/
0
‘:_
\.)
(‘F/
Residing
I
Isi
Page 2 of B
JEANNIE MOXLEY
MyApPt. Exp.
——
X
1
L
STATE
COUNTY
OF
OF
WASHINGTON
)
ss.
KING
)
1991, before me, a
,
day of JU.LLYt
On this
D. P. Schneider known to
personally appeared
Notary Public,
Northern
Burlington
Manager—Title Services of
me to be the
poration
cor
the
n,
atio
por
cor
a Delaware
Company,
Railroad
acknowledged to me
instrument arid
within
that executed the
same.
that such corporation executed the
a
Notary Public
My commiss.on expires:
Residing at:
Page 3 of B
SETT_.Ei\&.kr
800KA297
PAGE
21
972
B00KA
FACE
22
EXHIBIT A
a Fiber
58.79 miles long constituting
A strip of land
within
and
track
line
main
the
along
lying
Route
Cable
Optic
the right of way of the BURLINGTON NORTHERN RAILROAD COMPANY,
Stark
theeast line of
from
extends
right of way
as said
ON
BURLINGT
1,
station no. 529+0
County, US SPRINT (“Sprint”)
station
and
73.54
(“MP”)
mile post
NORTHERN RAILROAD (“BN”)
westwardly direction
no. 3830+00, and continues in a general
station no. 956+00,
Sprint
to the west line of said county,
particularly
more
26,
station no. 6934+
and
132.33
MP
BN
Dakota
North
of
State
,
Stark County
described as traversing
and
ns
Sectio
s,
Range
in the following described Townships,
wit:
to
(“GL”)
Lots
Government
(“irici .“)
including
County,
STARK:
Township 140 North,
Section
Section
Section
Section
36r SE
35:’SE
SE
34: 1
33:vSE
Township 139 North,
3:’NW
4:NE
NW
SW
5: ‘SE
Section
8:’NW
Section
NE
1
7:
Section
Section 18:-’NE
SE
SW
Section
Section
/4
biLl
Township 139 North,
Range 91 West:
1/4 and SW 1/4 near MP 74
1/4 and SW 1/4
1/4
Range 91 West:
1/4 md. GL 4
1/4 md. GL 1, 2
1/4 md. GL 3, 4
1/4
1/4
1/4 and SE 1/4
1/4
1/4
1/4 mci. GL 3
Range 92 West:
Section 13:’SE 1/4 and NE 1/4 and NW 1/4
near MP 82
Section 14:NE 1/4 and NW 1/4
Section 11:’SW 1/4
Section 10:SE 1/4 and NE 1/4 and NW 1/4
9:NE 1/4
Section
4:’SE 1/4 and SW 1/4
Section
5:’ALL near MP 86
Section
6:-NE 1/4
Section
NW 1/4 mci. GL 3, 4, 5
Page 4 of 8
Township 139 North,
Section
Section
Section
1:NE
NW
NE
1
2:
NW
3:”NE
Township 140 North,
Section
Section
Section
Section
34:-SE
33:.SE
32:.’ NE
31:.SE
Township 139 North,
Section
Range 93 West:
1/4
1/4
1/4
1/4
1/4
inc]. GL 1, 2
inc]. GL 3, 4
inc]. GL 1, 2
inc]. GL 3, 4
inc]. GL 1, 2
Range 93 West:
1/4 and NE 1/4 and NW 1/4
1/4 and SE 1/4 and SW 1/4
1/4
Range 93 West:
E 1/4 inc].
6:
N
1
NW 1/4 inc].
near MP 94
Township 139 North,
GL 1,
GL 3,
2
5
Range 94 West:
1:’NE 1/4
NW 1/4 inc]. GL 3, 4
2:-NE 1/4 and NW 1/4 and SW 1/4
Section
3:-NE 1/4 and SE 1/4 and SW 1/4
Section
4:,SE 1/4
Section
9:NE 1/4 and NW 1/4 and SW 1/4
Section
near lIP 98
8:’SE 1/4 and SW 1/4
Section
: 1/4 and NW 1/4
E
17
N
Section 1
7:-SE 1/4
Section
SW 1/4 inc]. GL 4
Section 18:’NW 1/4 inc]. GL 1
Section
Township 139 North,
Section
Section
Section
Section
Section
Section
Section
Section
Range 95 West:
12:’ SE 1/4
13:-NE 1/4 and NW
14:-NE 1/4 and NW
15:”NE 1/4 and NW
near MP 102
10:-SE 1/4
16:dSE 1/4 and NE
9:SW 1/4
8:SE 1/4 and SW
near MP 106
Page 5 of 8
1/4
1/4
1/4 and SW 1/4
1/4 and NW 1/4
1/4 and NW 1/4
BOOKi I PACE
ooKAZi I
?AE 1
Section
7:,’NE
SE
SW
NW
Township 139 North,
1/4
1/4
1/4 mci.
1/4 md.
GL 3
GL 2
Range 96 West:
Section 12:’SE 1/4 and NE 1/4 and NW 1/4
Section 11:, NE 1/4 and NW 1/4
Beginning the vicinity of Dickinson,
2:’SE 1/4 SE 1/4 and SW 1/4 SE 1/4;
SE 1/4 SW 1/4 and SW 1/4 SW 1/4
Between stations 1034+37 and 1022+01 cable
lies approx. 75’ north of main line track
center line (“MLT”).
Station no. 1022+01 cable crosses MLT to
21’ south.
varies from 21’ to 65’ south of MLT.
SE 1/4 SE 1/4 and SW 1/4 SE 1/4;
1
3:
Section
SE 1/4 SW 1/4 and SW 1/4 SW 1/4
near MP 110
varies from 65’ to 48’ south of MLT.,
21’ north.
varies from 21’ to 40’ north of MLT.
44’ south.
varies irregularly from 44’ to 302’ to
118’ south of MLT.
4:/SE 1/4 SE 1/4 and SW 1/4 SE 1/4;
Section
SE 1/4 SW 1/4 and SW 1/4 SW 1/4
939+02 and 913+21 no
stations
Between
distance is given.
varies from 108’ to 217’ to 123’ south of
MLT.
9:’NW 1/4 of NW 1/4
Section
5:.SE 1/4 SE 1/4 and SW 1/4 SE 1/4;
Section
SE 1/4 SW 1/4 near MP 112
varies irregularly from 123’ to 40’ south
of MLT.
Section
I )
ti-’
ND:
Page 6 of 8
E 1/4 NE 1/4 and NW 1/4 NE 1/4;
B:
N
1
NE 1/4 NW 1/4 and NW 1/4 NW 1/4
varies from 73’ to 37’ south of MLT.
48’ north.
829+12 cable
Between stations 864+80 and
of MLT.
north
varies from 18’ to 103’
Section
Ending the vicinity of Dickinson,
Section
7:/NE 1/4
NW 1/4 md.
SW 1/4 mci.
Township 139 North,
Section
Section
Section
Section
Section
Section
Section
Section
12:”SE
11:-SE
14:1 NE
15: NE
16:’NE
NE
1
17:
8:-SE
7: ‘SE
SW
Township 139 North,
ND.
GL 2
GL 3
Range 97 West:
1/4
1/4
1/4
1/4
1/4
1/4
1/4
1/4
1/4
and
and
and
and
and
and
and
SW
SW
NW
NW
NW
NW
SW
mci.
1/4 near MP 114
1/4
1/4
1/4
1/4
1/4 near MP 118
1/4
GL 4
Range 98 West:
Section 12:”SE 1/4 and SW 1/4
—Section 11:-SE 1/4 and SW 1/4
—Section 10:-SE 1/4 and SW 1/4 near MP 122
9:-SE 1/4 and NE 1/4 and NW 1/4
—Section
8:dNE 1/4 and NW 1/4
Section
5:-SW 1/4
Section
6:’SE 1/4
Section
SW 1/4 md. GL 6 near MP 126
Township 139 North,
Section
Section
Section
Section
Section
Section
1: SE
2: SE
3:-SE
4: / SE
5: SE
6:’ NE
NW
Range 99 West:
1/4
1/4
1/4
1/4
1/4
1/4
1/4
and SW 1/4
and SW 1/4
and SW 1/4
and SW 1/4 near MP 130
and NE 1/4 and NW 1/4
mci. 61. 2
mci. GL 3, 4
Stark County line, Sprint station no.
BN Station no. 6934+26, MP 132.33
965+00,
Page 7 of 8
8OOKA27 PAGE
25
____
BoUKA297 PAGE 2C
Regen Sites:
Richarciton, station no. 5+70
Township 139 North, Range 92 West
Section 11: SW 1/4
BN MP 83.2
I
j
Dickinson, station no. 34+00
Section 8: SE 1/4
BN MP 105.9
Belfield, station no. 1180+64
Section 3: SE 1/4
BN MP 128.3
2S1274
occuM:HT ;:0._—
-
0”c ci
State of NoEth Dakota,
s S• RcgiS.( cr Deeds
of Stark
was filed In
I hereby codify that the within Instrument
g
day of
this office for record on theJ
tit,
4.fitc
and a. dy
r-cBy
FCES$
‘735 2Jt
1f
O-Q2-L.
k’c
/Z
ttc
?
2
Page 8 of 8
P’t?
_____
_____________________day
______________-
MONTANA-DAKOTA UTILITIES CO.
21392(4-90)
N AGREEMENT
EASEMENT MODIFICATIO
June 10, 1946
easement(s) dated
PURSUANT to that certain
and recorded
on the
19th
day of
Zarak, a/k/a
I, (We), William J.
99161
tNo.
men
Docu
392
JI1j
0
A29
in Book
June, 1946
eSouth Heart, North Dakota 58655
Jr. and Darlene L. Zarak, husband and wif
ak,
William J. Zar
,
am (are) the present
owner(s) of the following
described land(s):
1’
Section Eight (8), Township One
South Half of the South Half (S1/2S1/2) of ety-eight (98) West of the 5th Principal
Hundred Thirty-nine (139) North, Range Nin
Meridian. Stark County, North Dakota,
s Group, Inc., a corporation,
ITIES CO., a Division of MDU Resource
UTIL
TA
AKO
A-D
TAN
it
MON
perm
to
e
and do hereby agre
ided the said electric transmission line
ion line on the herein-described land(s), prov
miss
trans
ric
elect
ing
exist
its
ct
nstru
reco
to
will
remain in
All of the
in
full
force
Dated
its present location.
and
but not
limited
to the
damage
easement will
clause, of the above described
remain
ion line or
e for daiiage caused to Ccnpany’s transmiss
Additionally, (ner shall not be liabl
ce of (&ner.
igen
negl
by
ed
caus
daiage
“
other property located on the above land other than
ü)
,
19
IL
ihr
Dp
day of
/T/’4
effect.
this
including
conditions,
terms and
‘?<5
,
IC)
North Dakota
STATE OF
County of
Stark
before me personally appeared
Deceiner
19 93
10
day of
husband and wife
ak,
Zarak Jr. and Darlene L. Zar
William J. Zarak, a/k/a William J.
,
,
On this
be
known to me to
the
same person.. described in
and
who executed
me that
(THIS SPACE FOR RECORDING DATA ONLYJ
owledged to
the above and foregoing instrument and ackn
to be the
me
to
.LJie.....y.. executed the same, (known
and
is described in and that executed
that
on
orati
corp
ly, of the
respective
DOCUMENT NO.
29517
ss.
County of Stark
INDEXED
M
G
G
P
j
foregoing instrument, and
).
corporation executed the same
the
LL- 4—
Office of
Register of Deeds
I hereby certify that the Within instrument was filed in
of
s office for record on the
d was duly recorded in
on Page
acknowledged to me that such
at/:R7 o’cloclcl? M.,
BooIcJ? 3/_p of /744_)
Notary Public,.
State of
7D
-
1-”
---
‘IFS
k4At
“-“
Register of Deeds
Deputy.._.
By
FEES
______
____
________
$___
INSTRUMENT RETURNED TO
My Commission Expires;
18-’
1O71-153-161
TRACF Wb.’_______
W.O._______
4,o
.‘‘
AI
LRR. No
BOUKA3I3
/,/, on,/
35081
1AGE
705
WHEN RECORDED MAIL TO:
CATELLUS FIBER OPTICS, LLC
ST
Avenue, Suite 400
811 1
Seattle, WA 98104
MEMORANDUM OF EASEMENT
Catellus Fiber Optics Parcel No. 57, County of Stark, State of North Dakota
WHEREAS, BNSF RAILWAY COMPANY, a Delaware corporation (formerly
known as The Burlington Northern and Santa Fe Railway Company and formerly known
as Burlington Northern Railroad Company), (“Grantor”) and CATELLUS FIBER
OPTICS, LLC, a Delaware limited liability company (“Grantee”) entered into that
certain Agreement for Sale of Certain Telecommunications Easements (“Agreement”)
dated December 18, 1998. Grantor agreed to grant Grantee subject to the terms and
conditions hereinafler set forth, a permanent, perpetual and exclusive
Telecommunications Easement over, under and across all land (including, but not limited
to, surface rights and subsurface rights) in which Grantor has an ownership interest (fee,
easement or other interest) that is located within the outside boundaries of all such land
that is subject to the fiber optic leases, right of way agreements, licenses, and easements.
Grantor did grant to Grantee an Easement dated December 30, 1998 (“Master
Easement”) to multiple parcels in various states that would not be in recordable form for
such state. An individual easement (“Underlying Easement”) within one foot on either
side of the outside boundaries of the area encumbered by the installation as conveyed by
the Master Easement has been established under the Agreement with respect to the
page(s) with the
property described on the attached Exhibit A consisting of 9
beginning point, end point and any crossing of railroad tracks shown on the attached
Exhibit B, consisting of 5 page(s), (“Property”) for the purpose of maintenance and use
for Telecommunication purposes only.
WHEREAS, Grantor is executing this Memorandum of Easement to evidence the
Easement with respect to the Property.
NOW, THEREFORE, for Ten and No/lOG Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, in
confirmation of and pursuant to the terms of the Agreement and the conveyance by the
Master Easement, an individual easement (“Easement”) has been established under the
Agreement and Grantor has and does hereby grant, transfer, sell, convey, release,
quitclaim and remise to Grantee a permanent, exclusive easement in, over, under and
across the Property. The grant of easement rights as evidenced hereby shall be subject to
all of the terms, conditions, limitations and provisions contained in the Agreement. jj
I
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p9
11/2812005 1157A
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the event of a conflict between this Memorandum of Easement and the Easement,
the Easement shall prevail.
IN WITNESS WHEREOF, this Memorandum of Easement is executed to be effective as
th day of December, 1998.
of the 30
Grantor:
BNSF RAILWAY COMPANY, a Delaware
Grantor’s Address:
BNSF Railway Company
2500 Lou Menk Drive
Fort Worth, Texas
Davi P. Schneider,
Management
eral Director-Land Revenue
{SEAL
Assistanttretaiy
THE STATE OF TEXAS
COUNTY OF TARRANT
AUG 12 2005
by
This instrument was acknowledged before me on
David P. Schneider, General Director—Land Revenue Management and Patricia Zbichorski,
Assistant Secretary, respectively, of BNSF Railway Company, a Delaware corporation, on behalf
of said corporation.
JcvyyJ_
Notary Public i and
j1&W’
r the State of Texas
MMY K. HERNOOK
Notary’s Typed or Printed Name
My Commission Expires_____________
1
1
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11129120B5 Ii
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ii1.Otark County ND
I
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11128(2005 11 57A
ii1.0tark County NO
EXHIBiT A
CATELLUS FIBER oPTIC PARCEL 057
STARK COUNTY
A strip of land, generally 2 feet wide, being one foot on each side of a fiber optic line, by
approximately 47.13 miles in length, constituting a longitudinal fiber optic Route as now located,
constructed upon, over and across the right-ofway of ENS? RAILWAY COMPANY, a Delaware
corporation (formerly known as The Burlington Northern and Santa Fe Railway Company and
formerly known as Burlington Northern Railroad Company), as said fiber optic line right-of-way
extends from engineering station 3829+ 52, mile post (“MP”) 72.53 and continues in a generally
westerly direction to engineering station 69 34+26, MP 131.33, and is more particularly described as
traversing the County of Stark, State of North Dakota in the following Townships, Ranges and
Sections, 5th Principal Base and Meridian.
Said fiber optic line enters the County of Stark, on the southerly side of the Railroad right-of-way
opposite MP 72.53 and extends longitudinally along the southerly side of said right-of-way in a
westerly direction through the following Sections, Townships and Ranges, 5th Principai Base and
Meridian:
Township 140 North, Range 91 West,
5th
Principal Base and Meridiaxt
NE ¼ of the SE ¼ of Section 36,
NW ¼ of the SE ¼ of Section 36,
NE ¼oftheSW¼ofSection36,
NW ¼ of the SW ¼ of Section 36,
SW ¼ of the SW 1/4 of Section 36,
SE ¼ of the SE 1,4 of Section 35,
SW ¼ of the SE ¼ of Section 35,
SE ¼ of the SW ¼ of Section 35,
SW ¼ of the SW ¼ of Section 35,
SE ¼ of the SE ¼ of Section 34,
Township 139 North, Range 91 West, 5” Principal Base and Meridian:
NW ¼ of the NW ¼ of Section 3,
NE ¼ oftheNE ¼ of Section 4,
NW ¼ of the NE ¼ of Section 4,
NE ¼ of the NW ¼ of Section 4,
SE ¼ of the NW ¼ of Section 4,
SW ¼ of the NW ¼ of Section 4,
SE ¼oftheSW¼ofSection5,
SW ¼ of the SW ‘A of Section 5,
NW ¼ of theNW ¼ of Section 8,
NE ¼ of the NE ¼ of Section 7,
BNSF3447-057-13, 14
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1112812005 11 57R
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111 Btark County ND
SE ¼ of the NE ¼ of Section 7,
NE¼of the SE ¼of Section 7,
SE ¼ of the SE ¼ of Section 7 entering the Railroad Station of Antelope
and continuing in a generally southerly and westerly direction through,
SW ¼ of the NE ¼ of Section 18,
NW¼of theSE ¼ of Section 18,
NE ¼ of the SW ¼ of Section 18,
NW ¼ of the SW ¼ of Section 18 leaving the Railroad Station of Antelope
and continuing in a generally southerly and westerly direction through,
Township 139 North, Range 92 West, 5th Principal Base and Mericliare
SE ¼oftheNW¼ofSectionl3,
NW ¼ oftheNE ¼ of Section 14,
NE ¼ oftheNW ¼ of Section 14,
SE ¼oftheSW¼ofSectionll,
SW ¼ of the NE ¼ of Section Id,
SE ¼oftheNW¼of Section 10,
SW¼ oftheNW¼ of Section 10,
NE ¼ oftheNE ¼ of Section 9,
SE ¼ of the SE ¼ of Section 4 entering the Railroad Station of Richardton
and continuing in a generally westerly direction through,
NW ¼ of the SW ¼ ofSection4,
NW¼of the SE ¼ of Section 5,
SE ¼ oftheNE ¼ of Section 6,
SW ¼ oftheNE ¼ of Section 6,
SE ¼ of the NW ¼ of Section 6 leaving the Railroad Station of Richardton
8N5F3447-057-I3, 14
5th
Principal Base and Meridiare
111111111
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NW ¼ of the NE ¼ of Section 1,
SE ¼oftheNE ¼ of Section2,
NE ‘A of the NE ¼ of Section 2,
NW ¼ of the NE ¼ of Sectionz,
NE ¼ oftheNW¼ of Section 2,
Township 140 North, Range 93 West, 5th Principal Base and Meridiarn
NE ¼ of the SE ¼ of Section 33 entering the Railroad Station of Taylor
and continuing in a generallywesterly direction through,
NW’A of the SE ¼ of Section 33,
SW ¼ of theNE ¼ of Section 33,
SE ¼ oftheNW ¼ of Section 33,
SE ¼ of the SW ‘A of Section 32,
SW ¼ of the SW ‘A of Section 32,
Township 139 North, Range 93 West, 5th Principal Base and Meti&an
NE ¼ of the NE ¼ of Section 6 leaving the Railroad Station of Taylor and
continuing in a generally westerly direction through,
NW’A of the NE ¼ of Section 6,
5th
Principal Base and Meridian:
SW¼of theNE¼of Section 1,
SE ¼ of the NW¼ of Section 1,
SW ¼ of the NW ¼ of Section 1 to a point that is southerly and opposite
of Railroad MP 94.07;
BNSF 3447-057-13, 14
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Said fiber optic crosses tight-of-way at Railroad MP 94.07 along the westerly line of said Section 1
and exits the northerly right-of-way at Railroad MP 94.07;
And also:
Said fiber optic line continues and enters said Railroad tight-of-way northeasterly and opposite of
Railroad MP 105.11 at the Railroad Station of LeHigh and crosses the centerline at Railroad MP
105.12 to apoinrthatis southerlyand opposite ofRailroadMP 105.25, where it extends
longitudinally along the southerly side of the tight-of-way in a westerly direction through the
following Sections, Townships and Ranges:
Principal Base and Metidiait
5th
SE ¼ of the NW ‘A of SectionS leaving the Railroad Station of LeHigh and
continuing in a generally westerly clireaion through,
SW 1/ of the NW ¼ of Section S to a point that is southerly and opposite
of MP 105.63,
Said fiber optic crosses right-of-way at Railroad MI? 105.65 to a point that is northerly and opposite
ofRailroadMP 105.71, located in the SE ¼ of the NE ¼ of Section 7, Townhip 139 North, Range
95 West, 5th Principal Base and Metidian
Said fiber optic line, then, extends longitudinally along the northerly side of the tight-of-way in a
westerly direction through the following Sections, Townships and Ranges:
5th
NW¼oftheSW¼ ofSection7,
SW ¼ oftheNW ¼ of Section 7,
5th
Principal Base and Meridiarn
NE¼ oftheNW¼of Section 12,
SE ¼ of the SE ¼ of Section2,
SW¼of theSE ¼ofSection2,
SE ¼ of the SW ¼ of Section 2 entering the Railroad Station of Dickinson
and continuing in a generally westerly direction to a point that is northerly
and opposite of Railroad MI’ 108.38,
Said fiber optic crosses tight-of-way at Railroad Ml’ 108.39 to a point that is southerly and opposite
of Railroad MI? 108.40,
BNSF 3447.057-13, 14
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Said fiber optic line, then, extends longitudinally along the southerly side of the right-of-way in a
Township 139 North, Range 96 West, 5” Principal Base and Meridian:
SE 1/4 of the SE 1,4 of Section 3,
SW 1/4 of the SE 1/4 of Section 3 to a point that is southerly and opposite of
MP 109.07,
Said fiber optic crosses right-of-way at Railroad MP 109.11 to a point that is northerly and opposite
of MP 109.13,
Said fiber optic line, then, extends longitudinally along the northerly side of the right-of-way in a
5th
SE ¼ of the SW ‘A of Section 3 to a point that is northerly and opposite of
MI? 109.28,
3 109.29 to a point that is southerly and opposite
Said fiber optic crosses right-of-way at Railroad ML
of MP 109.33,
Said fiber optic line, then, extends longitudinally along the southerly side of the right-of-way in a
Township 139 North, Range 96 West, 5th Principal Base and Meridian:
SW 1,4 of the SW ¼ of Section 3,
SE ¼of the SE ¼ of Section 4,
SW¼of theSE ¼ ofSection4,
SE ‘A of the SW ¼ of Section 4 exiting the southerly right-of-way line
opposite of Railroad MP 110.43;
And also:
Said fiber optic line continues and enters Railroad right-of-way at a point that is southerly and
opposite of Railroad MP 110.59 and extends longitudinally along the southerly side of the right-ofway in a westerly direction through SW ‘/4 of the SW ¾ of said Section 4, and exits the southerly
right-of-way opposite of Railroad MP 110.60;
And also:
Said fiber optic line continues and enters Railroad right-of-way at a point that is southerly and
opposite of Railroad MP 110.65 and extends longitudinally along the southerly side of the right-ofway in a westerly direction through the following Sections, Townships and Ranges:
5th
SE ¼ oftheSE ¼of Section 5,
1,4 of the NE ¼ of Section 8,
NE
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NW ¼ of the NB 14 of SectionS to a point that is southerly and opposite
Said fiber optic crosses tight-of-way at Railroad MP 111.31 to a point that is northerly and opposite
of Railroad MP 111.36,
Said fiber optic line, then, extends along the northerly side of the tight-of-way longitudinally in a
Principal Base and Mendian:
5th
NE ¼ of the NW 1/4 of Section 8,
NW ¼ of the NW ¼ of Section 8 leaving the Railroad Station of Dickinson
and continuing in a generally westerly direction through said Section 8 to a
point that is northerly and opposite of Railroad MP 111.77.
Said fiber optic crosses right-of-way at Railroad MP 111.80 to a point that is southerly and opposite
ofMP 111.82,
Said fiber optic line, then, extends along the southerly side of the right-of-way longitudinally in a
SW / of the NW ‘A of Section 8,
SE ¼ of the NE 1/4 of Section 7,
SE ¼ of theNW¼of Section 7,
NW 1% of the SW ¼ of Section 7,
5th
Principal Base and Meridian;
A of Section 12,
NE ¼ of the SE 1
NW¼ of the SE 1/4 of Section 12,
NE 1/4 of the SW ¼ of Section 12 entering the Railroad Station of Eland
Station and continuing in a generally westerly direction through,
SE 1% of the SW ¼ of Section 12,
SW 14 of the SW ¼ of Section 12 to a point that is southerly and opposite
of Railroad MP 113.82
ofRailroadMP 113.85,
Said fiber optic line, then, extends along the northerly side of the right-of-way longitudinally in a
5th
Principal Base and Meridian
SW ¼ of the SE ¼ of Section 11 leaving the Railroad Station of Eland and
continuing in a generally westerly direction through,
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Said fiber optic crosses right-of-way at Railroad MP 115.23 to a point that is southerly and opposite
ofMP 115.24,
westerly direction crossing said right-of-way at Railroad MR 115.31 until it comes to a point that is
northerly and opposite of Railroad MP 115.35 where it, then, extends along the northerly side of the
right-of-way longitudinally in a westerly direction through the following Sections, Townships and
Ranges:
5th
Principal Base and Meridian
NE ¼ of theNW ¼ of Section 15,
SW¼oftheNW¼ of Section 15,
NW¼of theNW¼of Section 16,
NW ¼ of the NE ¼ of Section 17 to a point that is northerly and opposite
of Railroad MP 117.26)
Said fiber optic crosses right-of-way at Railroad MI 117.28 to a point that is southerly and opposite
of Railroad MR 117.30,
Said fiber optic line, then, extends along the southerly side of the right-of-way Longitudinally in a
westerly direction to a point that is southerly and opposite of Railroad MR 11733,
Said fiber optic crosses right-of-way at Railroad MI? 117.35 to a point that is northerly and opposite
of MR 117.37,
SW ¼ of the SE ¼ of Section 7 entering the Railroad Station of North
Heart and continuing in a generally westerly direction through,
BNSF 3447-057-13, 14
11:5Th
Ill .øtark County ND
NE ¼ of the NW ¼ of Section 14,
NW 14 of the NW ¼ of Section 14,
NE ‘/i of the NE ¼ of Section 15,
NW ‘4 of the NE ¼ of Section 15 to a point that is northerly and opposite
of RailroadMP 115.22,
17
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SE 1,4 of the SE 1/4 of Section 12,
A of the SE 1/4 of Section 12,
SW 1
1%
SE of the SW ‘A of Section 12,
SW 1/4 of the SW ¼ of Section 12,
SE ¼ of the SE ¼ of Section ii leaving the Railroad Station of North
Heart and continuing in a generally westerly direction thmugh,
SW ‘A of the SE ¼ of Section 11,
SE ¼ of the SW 1/4 of Section 11,
SW 1% of the SE ¼ of Section 10,
NW ¼ of the SW ‘/4 of Section 10,
NE 1,4 of the SE 1/4 of Section 9,
SE 1/4 oftheNE ‘A of Section 9,
SW 1/4 of the NE ‘/ of Section 9,
SE ‘A of the NW ¼ of Section 9,
NW ‘A of the NW 1,4 of Section 9,
NE 14 of the NE 1,6 of Section 8,
NW¼oftheNE ¼of Section 8,
NE ‘4 of the NW ‘A of Section S,
SE 1,4 of the SE ‘A of Section 6,
SW¼oftheSE ¼olSection6,
NW ¼ of the SE ‘A of Section 6,
NW’AoftheSW ¼ of Section 6,
Township 139 North, Range 99 West, 5h Principal Base and Meridian:
NE /4 of the SE ¼ of Section 1,
NW ¼ of the SE 1% of Section 1,
NE 14 of the SW ‘/4 of Section 1,
N’X’ ‘A of theSW’A of Section 1,
SW ‘A of the SW 14 of Section 1,
SE ‘A of theSE ‘A of Section2,
SW ‘A of the SE ¼ of Section 2,
SE 1
A of the SW ¼ of Section 2,
SW ‘A of the SW ¼ of Section 2,
SE ‘A of the SE ¼ of Section 3,
SW ‘4 of the SE ‘4 of Section 3,
SE ‘A of theSW¼of Section 3,
SW ¼ of the SW ¼ of Section 3 to a point that is northerly and opposite of
Railroad MP 128.28;
Said fiber optic crosses right-of-way at Railroad MP 12829 to a point that is southerly and opposite
BNSF 3447-057-13, 14
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5th
SE 1/4 of the SE ¼ of Section 4,
SW’A of the SE ¼ofSection4,
NW ¼ of the SE /4 of Section 4,
NE 14 of the SW ¼ of Section 4 entering the Railroad Station of Belfield
NW ¼ of the SW ‘4 of Section 4,
NE ¼ of the SE 14 of Section 5,
NW ¼ of the SE 14 of Section 5,
SW /4 of the NE 1% of Section 5,
SE ¼ of the NW 1/4 of Section 5
SW 1/4 of the NW ¼ of Section 5 leaving the Railroad Station of Beffield
SE ¼ of the NE L% of Section 6,
SW 14 of the NE ‘4 of Section 6,
SE ‘A of theNW’% of Section 6,
NE ¼ oftheNW ¼ of Section6toapointthat is southerlyandopposite
of RailroadlvlP 130.85;
of Railroad IvlP 130.87;
Township 139 North, Range 99 West, 5th Principal Base and Meridian
N’W 1% of the NW ¼ of Section 6, exiting Stark County at a point that is
northerly and opposite of Railroad MP 13 L33.
BNSF 34474157-13, 14
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1112812005 11:57
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Page: 17 ot 17
1li2I2OO5 11 5Th
111.Btark County ND

Easement for Section 8

Transcription

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