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Home My WebLink About911279Member # 1303936 WO# 60710 Section 36, T32N, R119W AGREEMENT FOR PROVDING ELECTRIC DISTRIBUTION SYSTEM This agreement, is entered into this 21st day of July, 2005, between LOWER VALLEY ENERGY, and Afton Airpark Addition c/o Brad Morehouse, PO Box 1662, Afton, WY 83110, ("Developer"). Lower Valley Energy agrees to provide an underground primary electric distribution system to: SECTION 36, T32N, Rll9W LINCOLN COUNTY, WYOMING 1. SYSTEM CHARACTERISTICS: System shall be underground alternating current, single phase line, sixty cycle, and 7,200 volts ("Electric System"). 2. LOCATION: The Electric System shall be provided at: AFTON AIRPARK ADDITION LOTS 1 THROUGH 55 SECTION 36, T32N, RI 19W LINCOLN COUNTY, WYOMING ("Property"). RECEIVED 8/26/2005 at 10:47 AM RECEIVING # 911279 BOOK: 595 PAGE: 680 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY COSTS: MATERIALS & LABOR $151,830.73 TOTAL COST $151,830.73 4. DUTIES OF PARTIES: (A). Developer: Developer agrees to establish a final road located on the Property and final grade the Property before installation of Lower Valley Energy Electric System; to backfill and to trench when necessary for repair of normal settling; to advise Lower Valley Energy of the location of all existing and planned underground facilities, such as, water, sewer, telephone, cable TV and Developer owned electric wiring; and to be responsible, indemnify and hold Lower Valley Energy harmless, including Lower Valley Energy attorney fees, for all damages resulting from failure to so notify Lower Valley Energy.. The Developer shall furnish a 42" deep trench for Lower Valley Energy and bedding materials at Lower Valley Energy's request, at no cost to Lower Valley Energy. The Developer shall assume all liability, indemnify and hold Lower Valley Energy harmless, including Lower Valley Energy attorney fees, from any accidents or damages resulting from the trench and trenching activities. The Developer shall be responsible for obtaining all applicable Federal, State and Local permits necessary for the trench and trenching activities. The Developer promptly shall furnish easements to Lower Valley Energy for this system at no cost to Lower Valley Energy. (B). Lower Valley Energy: Lower Valley Energy shall furnish and install the underground Electric System to the Property. If for any reason some of the Electric System is not installed or if more is installed, the payment described below will be adjusted accordingly. The above computed costs are current as of the date of this agreement and are valid for 120 days from that date. Should construction begin more than 120 days after the date of the Agreement, Lower Valley Energy reserves the right to review the quoted costs, make necessary adjustments and change the payment stipulated below to reflect current costs. This agreement provides for an Electric System to the specified lots as platted on the property. Each lot owner will be required to enter into a separate agreement with Lower Valley Energy to extend the underground Electric System from the primary distribution point to the lot owners' metering point. The entire Electric System installed under this agreement shall be owned, maintained and operated by Lower Valley Energy. WORK ORDER # 61555 SEC.17, T34N, R118W DISTRIBUTION EASEMENT 8i KNOW ALL MEN BY THESE PRESENT: That the undersigned, Kay W. Wilkes and Patsy A. Wilkes, as Trustees of the WILKES FAMILY TRUST, dated 2-20-2004, ("Grantor") for a good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, convey and warrant unto Lower Valley Energy, a Cooperative Corporation, of Afton and Jackson, Wyoming and to its successors and assigns, ("Grantees"), a perpetual easement and fight of way for the constructioh and continued maintenance, repair, alteration and replacement of the electric distribution circuits, lines and equipment of the Grantee to be constructed and maintained under, upon and across the premises of Grantor in Lincoln County, State of Wyoming, along a line described as follows, to wit: BEING a portion of the SE1/4SE1/4 of Section 17, T34N, R118W, in Lincoln County ,Wyoming more particularly described as follows: BEGINNING at a point 358 feet North and 11 feet 6 inches West of the SE comer of the SE1/4SE1/4 of said Section 17. Thence N 75° W, 70 feet to a transformer location. EASEMENT to include 10 feet on each side of described line, together with all necessary and reasonable rights of ingress and egress and to excavate and refill ditches and trenches for the location and repair of said · facilities and to cut, trim, spray herbicides, or remove trees, shrubbery, undergrowth or other obstructions interfering with the repair and maintenance of the facilities. The Grantor acknowledges that Electric and Magnetic Fields (EMF) are naturally occurring in the transmission or distribution of electricity, and that the Grantee has here notified Grantor that EMF testing and information is available upon request from the Grantee. This Easement by Grantor is intended to include so much space as is necessary or appropriate to the presence of EMF and reasonable operation of the Grantee's distribution lines. Grantor agrees that all poles, wires and other facilities, installed on or under the described lands shall remain the property of the Grantee removable in the sole discretion of the Grantee at the Grantee's expense. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the parties, their heirs, executors, administrators, successors and assigns. Grantor shall compensate Grantee for any damages to Grantee's facilities caused by Grantor, including payment of Grantee's attorney fees if action is undertaken by Grantee to enforce the commitments described in this easement. Grantor reserves the right to improve, occupy and use this easement for all purposes not inconsistent with the easement grant. Each party shall have the remedy of specific performance regarding this easement. The rights and obligations described in this easement shall mn with the land. This easement is not exclusive, and Grantor retains all rights not specifically granted by this easement. This is the entire agreement of the parties regarding this easement, except as may be set forth in writing after the date of this easement and signed by the parties. Grantor hereby releases and waives all rights by virtue of the Homestead Exemption Laws of Wyoming. WITNESS the Hand of the Grantor, this ~?d'ay of ~ ,2005. WILKES FAMILY TRUST Patsy A. V3qlk~s, Trustee HEATHER H~ ~[~tnlng J Linc°In ~ My~c~( ,. Witness my hand and official seal. STATE OF COUNTY O~ ~fi~.e:going instrum, ent ,was ac. kno~.wledged b_efore me b .g~.~,c~ _//.,/z,/~//ff_.d~ ~ 'ng prop% authofi~ as the ~mstees of the ~g ~~ ~S~ dated t~is ~'~/ G00682 5. PAYMENT: The Developer shall pay the sum of $151,830.73 to LVE prior to the commencement of construction of the Electric System. The consideration paid by the Developer is a charge for the cost of the electric system, for this type of development and is not a deposit for security. After five (5) years, if Lower Valley Energy is not collecting sufficient revenue to cover operating and maintaining'the Electric System, then the Developer or assignees agrees to pay an annual amount equal to five percent (5%) of the installed cost less any revenue received during the year. Such payment to Lower Valley Energy shall continue until revenue from meters installed equals the costs to operate and maintain the Electric System. As electric service is requested for each lot, that lot owner will be required to enter into a contract with Lower Valley Energy for the electric service in accordance with Lower Valley Energy's current Rules & Regulations. 6. TERM: This agreement shall become effective on the date above and shall remain in effect for five (5) years following the installation of the Electric System and thereafter until terminated by either party giving to the other sixty (60) day notice in writing. 7. SUCCESSION: This agreement shall be binding upon and shall accrue to the benefit of the heirs, transferees, successors, legal representatives and assignees, as their interests may appear, of all parties to the agreement. IN WITNESS WHEREOF, THE PART1-F.S HAVE CAUSED THIS AGREEMENT TO BE EXECUTED BY THEIR .DULY AUTHORIZED REPRESENTATIVES, EFFECTIVE ON THE DATE WRITTEN ABOVE. LOWER VALLEY ENERGY DEVELOPER AFTON AIRPARK ADDITION BY: Brad l~oTeh~u~se COUNTY OF~z/~5//~/ ) The foregoing instrument was acknowledged before me by Brad Morehouse, this y~.'~..~5/' ,2005. _ day of ~ He~rHER HESo- NOTARY ~~tness my hand and official seal. "" .......... ~'¢~~~"' Notaw Public My commission expires: