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200400844
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200400844
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Last modified
10/16/2011 11:47:19 AM
Creation date
10/20/2005 11:11:47 PM
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DEEDS
Inst Number
200400844
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200400844 <br />00'00" and running westerly parallel with the south line of said S' /zSW' /4, a distance of <br />474.0 feet; thence deflecting left 90 degrees 00'00" and running southerly, perpendicular <br />to the south Line of said S` /zSW' /4, a distance of 140.0 feet; thence deflecting right 45 <br />degrees 00'00" and running southwesterly, a distance of 95 feet; thence deflecting left 45 <br />degrees 00'00" and running southerly, perpendicular to the south Line of said S` /zSW' /4, a <br />distance of 205 feet to the point of beginning; <br />and <br />WHEREAS, in order to properly irrigate a portion of the crops grown on Tract 1, Grantee <br />is desirous of using the irrigation well which is presently located on Tract 2; and <br />WHEREAS, Grantors are willing to permit Grantee to use the irrigation well located on <br />Tract 2 to irrigate a portion of the crops grown on Tract 1 and to grant Grantee an easement over, <br />through and upon Tract 2 in connection with the use of said irrigation well upon the terms and <br />conditions provided hereinbelow. <br />NOW, THEREFORE, in consideration of the mutual covenants and conditions contained <br />herein and for other good and valuable consideration the parties hereto agree as follows: <br />1. Grantors hereby grant to Grantee and to Grantee's heirs, successors and assigns <br />the right to use the irrigation well located on Tract 2 to irrigate a portion of the crops grown on <br />Tract 1 by Grantee or Grantee's heirs, successors and assigns until said grant terminates as <br />provided hereinbelow at Paragraph 5. <br />2. Grantors hereby additionally grant to Grantee and to Grantee's heirs, successors <br />and assigns an easement for ingress and egress access to said irrigation well as necessary to <br />irrigate a portion of the crops grown on Tract 1 over, through and upon the following described <br />portion of Tract I. <br />A tract of land described as Five (5) feet either side of a line running parallel to the <br />westerly property line of Tract 2, which line starts at said irrigation well and continues <br />northerly to the north property line of Tract 2 as identified on the drawing attached hereto <br />as Exhibit "A ". <br />The foregoing easement shall continue in effect until the termination of the easement as provided <br />hereinbelow at Paragraph 5. <br />3. Grantors do not warrant the condition of said irrigation well for the uses intended <br />by Grantee and the parties hereto agree that Grantors shall have no obligation whatsoever to <br />maintain or repair said irrigation well. Grantee accepts said irrigation well in its present <br />condition and Grantee agrees to pay for all expenses in connection with the maintenance and <br />repair of said irrigation well. For purposes of clarification, the parties acknowledge that the right <br />to use said irrigation well and the easement granted to Grantee hereinabove is limited only as to <br />the use of said existing irrigation well and does not give Grantee the right to drill a replacement <br />well on the easement area. <br />2 <br />
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