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KNOW ALL MEN BY THESE PRESENTS: <br />That John J. Hetfield and Beverly L. Hetfield, husband and wife, whose address is 2632 N. Bluff Center Road, Cairo, <br />Nebraska 68824 of the County of Hall and State of Nebraska ( "Grantor "), for themselves, their heirs, successors, or assigns, for <br />and in consideration of the sum of Five Dollars ($5.00), receipt and adequacy of which consideration are hereby acknowledged, do <br />hereby grant, convey and confirm unto Kinder Morgan Inc., whose address is P. O. Box 281304, Lakewood, CO 80228 -8304, <br />its successors and assigns (collectively, "Grantee "), the right -of -way and easement to survey, construct, install, inspect, maintain, <br />renew, repair, remove, replace and operate cathodic protection units and related equipment in, on, over, under, upon and through <br />the following - described lands situated in the County of Hall and State of Nebraska, to wit: <br />0 <br />TOWNSHIP 11 NORTH - RANGE 12 WEST, 61h P.M. <br />Section 5: SE /4SE /4. Construction to consist of the installation of a rectifier on a pole <br />located approximately 1000 feet North and 165 feet West of the Southeast corner of said SENSE /4. Thence from the <br />rectifier, due East approximately 85 feet, the installation of #8 cable, buried a minimum of 30 inches deep, to the location <br />and installation of the first of two graphite anodes. Thence continuing due East, the installation of #8 cable, for <br />approximately 20 feet, to the location and installation of the second graphite anode. Also iron the rectifier, due East for <br />approximately 130 feet, the installation of a second #8 cable, buried a minimum of 30 inches deep to an existing pipeline. <br />TO HAVE AND TO HOLD said right -of -way and easement unto Grantee so long as said facilities, or any part thereof, shall be <br />maintained, together with the right of ingress to and egress from said lands for the purposes herein stated at will of Grantee. <br />Grantor retains the right to use and enjoy said lands subject only to the right of Grantee to use and occupy the same for the purposes <br />herein expressed. <br />Grantee agrees to pay Grantor for damages to growing crops, fences, or other improvements, which may arise from operations of <br />Grantee. Any such damages, if not mutually agreed upon, shall be ascertained and determined by three disinterested persons, one <br />appointed by Grantor, one by Grantee and the third chosen by the two so appointed. The written award of a majority of such three <br />persons shall be final and conclusive upon the parties hereto. <br />IN WITNESS WHEREOF, Grantor has hereunto set its hand this day ofe� , 2003. <br />WITNESS: <br />STATE OF 7 ) <br />ss <br />COUNTY OF ) <br />On this � day of� , , 2003, <br />pd'rson(s) who execut6d the foregoing instrument, and <br />voluntary act and deed. <br />a,. - . <br />Jo(fn J. Heklield I/ <br />/ <br />t <br />a notary public, in and for said county and state, personally came <br />is , who is /are personally known to me to be the same <br />rson(s) duly acknowledged the execution of the same as their <br />IN WITNESS WHEREOF I have hereunto set my hand and affixed my notarial seal the day and year last above written. <br />1FJlAl N07attY-State of Nebraska <br />y rj 9JXENMANN <br />My Cornet, Exp, June 28, 2004 <br />KMI AFE #: 21287- 3760007007 <br />CathFs I (form 322) mv. 9/9194 <br />,ONAVg , , <br />r <br />Notary Public <br />N <br />(y) <br />=yz <br />w <br />°frl <br />CIO p <br />°o �-� 200306946 <br />rT1 y <br />` = <br />N <br />, <br />rn <br />'� <br />- <br />L- <br />N <br />CL <br />C <br />-) <br />CATHODIC UNIT EASEMENT <br />rrt <br />' <br />o <br />rn <br />Kinder Morgan Inc. <br />� <br />cn <br />MCD <br />KNOW ALL MEN BY THESE PRESENTS: <br />That John J. Hetfield and Beverly L. Hetfield, husband and wife, whose address is 2632 N. Bluff Center Road, Cairo, <br />Nebraska 68824 of the County of Hall and State of Nebraska ( "Grantor "), for themselves, their heirs, successors, or assigns, for <br />and in consideration of the sum of Five Dollars ($5.00), receipt and adequacy of which consideration are hereby acknowledged, do <br />hereby grant, convey and confirm unto Kinder Morgan Inc., whose address is P. O. Box 281304, Lakewood, CO 80228 -8304, <br />its successors and assigns (collectively, "Grantee "), the right -of -way and easement to survey, construct, install, inspect, maintain, <br />renew, repair, remove, replace and operate cathodic protection units and related equipment in, on, over, under, upon and through <br />the following - described lands situated in the County of Hall and State of Nebraska, to wit: <br />0 <br />TOWNSHIP 11 NORTH - RANGE 12 WEST, 61h P.M. <br />Section 5: SE /4SE /4. Construction to consist of the installation of a rectifier on a pole <br />located approximately 1000 feet North and 165 feet West of the Southeast corner of said SENSE /4. Thence from the <br />rectifier, due East approximately 85 feet, the installation of #8 cable, buried a minimum of 30 inches deep, to the location <br />and installation of the first of two graphite anodes. Thence continuing due East, the installation of #8 cable, for <br />approximately 20 feet, to the location and installation of the second graphite anode. Also iron the rectifier, due East for <br />approximately 130 feet, the installation of a second #8 cable, buried a minimum of 30 inches deep to an existing pipeline. <br />TO HAVE AND TO HOLD said right -of -way and easement unto Grantee so long as said facilities, or any part thereof, shall be <br />maintained, together with the right of ingress to and egress from said lands for the purposes herein stated at will of Grantee. <br />Grantor retains the right to use and enjoy said lands subject only to the right of Grantee to use and occupy the same for the purposes <br />herein expressed. <br />Grantee agrees to pay Grantor for damages to growing crops, fences, or other improvements, which may arise from operations of <br />Grantee. Any such damages, if not mutually agreed upon, shall be ascertained and determined by three disinterested persons, one <br />appointed by Grantor, one by Grantee and the third chosen by the two so appointed. The written award of a majority of such three <br />persons shall be final and conclusive upon the parties hereto. <br />IN WITNESS WHEREOF, Grantor has hereunto set its hand this day ofe� , 2003. <br />WITNESS: <br />STATE OF 7 ) <br />ss <br />COUNTY OF ) <br />On this � day of� , , 2003, <br />pd'rson(s) who execut6d the foregoing instrument, and <br />voluntary act and deed. <br />a,. - . <br />Jo(fn J. Heklield I/ <br />/ <br />t <br />a notary public, in and for said county and state, personally came <br />is , who is /are personally known to me to be the same <br />rson(s) duly acknowledged the execution of the same as their <br />IN WITNESS WHEREOF I have hereunto set my hand and affixed my notarial seal the day and year last above written. <br />1FJlAl N07attY-State of Nebraska <br />y rj 9JXENMANN <br />My Cornet, Exp, June 28, 2004 <br />KMI AFE #: 21287- 3760007007 <br />CathFs I (form 322) mv. 9/9194 <br />,ONAVg , , <br />r <br />Notary Public <br />