This is a clip from a very recent deed.
The question I have concerns the 60 foot radius mining limits. The "such radius to begin at the southern edge of the easement" is confusing me.
The first choice makes the most sense but more information could change the answer.
More information;
The pole centers are 11'-2" north of the south line, There are four poles and that dimension is good within 0.04' or so. These are the giant transmission poles, exact size not known by me at this time.
EDIT: that is where they were staked, i have not done the as-built on them yet.
What does Exhibit "A" show, or is it not filed (happens a LOT around here)
Exhibit A describes a 60 foot wide easement adequately. Basically it is the north 60 feet of the south 90 feet of a section which places the easement adjacent to a 60 foot road along the section line.
Seems like a logical placement from the face of the agreement would be to put the radius point on the south line of the easement at a point perpendicular to the pole location... that it how it reads to me.
I'd say the intention was to provide a 60' clear zone around the poles. So the poles are the radius points. IMO.
That was the intention. I agree with the way Dave Vliem reads it and that is how I would plot it if I didn't know the real intention from first hand information.
To my thinking if you place the 60' radius point at center of pole, that would preclude the owner from disturbing ground which is outside of the agreed easement... would not seem a likely interpretation of the agreement?
That is how I would interpret it if I were not involved.
In my opinion, the first choice is the only choice.
The description reads...60' radius of each pole location...
I also believe it is the intention of the easement language to cover a 60' radius of ground, centered at each pole location, and this 120' diameter circle is cut off at the south line. Since the stated intention is to put the poles as close to the south line as possible, this would limit the amount of "extra" easement area that is north of the 60' wide strip.
And that is where the sentence should have ended, the rest is confusing and does not apply since we can't mine in the public right-of-way anyway.