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~ ~~ <br />. <br />~~r ~ ~ ~ r ~ <br />~ C~ F~~ <br /> <br />~~ <br />C <br />~ <br />_ <br />~1 a .i <br />- <br />~ , <br />~ ~ <br /> ~ ~~` ~ ~ ~ <br /> ~ ~ ~ <br />rrt ~ ~ <br />-c ~ rn G~ ~~~ <br /> ~ <br /> ~ <br />W ~~ ~~ Cs q <br />~ m j ~ C7 <br />_ <br /> ~ ~ <br />_ ~ ~ <br />~~ rv "'-"-:`Y' 1 <br /> CJ~i C~3 <br />v ~ ~ <br />Prepared by <br />Attorney Evan L. Hammonds, Land Management <br />American 'l'owers, Inc. r Q <br />c/o American `l'ower Corporation ~ ~ ~ D ~~fl <br />] 0 Presidential Way QI~ (~~ $1tB M <br />Woburn MA 01810 '17~p prpston Road, Suite 15OA <br />Site Name: Shelton NE Pallas, Texas 75252 <br />Site Number: 98583 <br />(Recorder's Use Above this Line) <br />STATE OF NEBRASKA <br />COUNTY OF HALL <br />Premises Parcel No.: 400-396-270 <br />EASEMENT AGREEMENT <br />This Easement Agreement ("Agreement") dated as of April 21, 2010, ("Execution Date") by and between JAMES D. RILEY, an <br />individual, and SHARON J. RILEY, an individual (and, together with James D. Riley, collectively, "Grantor") and AMERICAN <br />TOWERS, INC., a Delaware corporation ("Grantee"). <br />BACKGROUND <br />Grantor is the owner of the real property described on Attachment "A" hereto (the "Premises"). Grantor desires to grant to <br />Grantee certain easement rights with respect to the Premises, as more particularly described below, and subject to the terms and conditions of <br />this Agreement. <br />AGREEMENTS <br />For and in consideration of the covenants and agreements herein contained and other good and valuable consideration, the receipt <br />and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: <br />1. Grant of Easements. Grantor, for itself and its heirs, personal representatives, successors and assigns, hereby grants and <br />conveys unto Grantee, its customers, lessees, sublessees, licensees, agents, successors and assigns: (i) a perpetual, exclusive easement (the <br />"F;xclusive Easement") in and to that portion of the Premises more particularly described on Attachment "B" hereto; and (ii) a perpetual, <br />non-exclusive easement in and to that portion of the Premises more particularly described on Attachment "C" hereto (the "Access and <br />lJtiliiy Easement) (the Exclusive Easement and the Access and Utility Easement being collectively referred to herein as the "E:asements"). <br />The Easements shall be used for the purposes set forth in Section 6 hereof. <br />2. Private Easement. Nothing in this Agreement shall be deemed to be a dedication of any area for public use. All rights, <br />easements and interests herein created are private and do not constitute a grant for public use or benefit. <br />3. Successors Bound. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective <br />heirs, personal representatives, lessees, successors and assigns. It is the intention of the parties hereto that all of the various rights, <br />obligations, restrictions and easements created in this Agreement, including but not limited to those set forth in Sections 1, 10, 11, 12, 23 and <br />25, shall run with the affected lands and shall inure to the benefit of and be binding upon all future owners and lessees of the affected lands <br />and all persons claiming under them. <br />4. Duration. The duration of the Easements granted herein (the "Term") shall be perpetual, unless Grantee provides written, <br />recordable notice of its intent to terminate this Agreement, in which event this Agreement and all obligations of Grantee hereunder shall <br />terminate upon Grantee's recordation of any such notice. In the event that the use of the Easements is abandoned by Grantee, or its <br />Easement Agreement Site Name: Shelton NE <br />Site Number: 98583 <br />