The URL can be used to link to this page

Home My WebLink About923072 .....,-.............,-....,-. .........,..,.,-.....,....,--..... '-. . ".,.-,.,...'-.......-,., .,. 00085,1) CORRECTIVE WATER LINE RIGHT -DF-W A Y EASEMENT DEED RECITALS 1. Grantor and Grantee entered into a Water Line Right-of-Way Easement dated September 4, 2001 recorded December 4,2001 in Book 478, at page 646, in the records of Lincoln County, Wyoming. 2. This easement failed to adequately describe the location of the water line. 3. Grantor and Grantee now desire to identify the specific location of the water line for the public record. 4. This Easement replaces and supersedes the easement dated September 4,2001, AGREEMENT THIS AGREEMENT made and entered into on this Z,...I day of 0 c -I.. ¿ e ". ,2006, by and between The Pittsburg & Midway Coal Mining Co., a Missouri corporation with a place of business at 116 Inverness Drive East, Suite 207, Englewood CO, 80112 ("Grantor") and The Oakley Service & Improvement District, P. O. Box 43, Frontier, WY 83121, organized and existing under any by virtue of the laws of the State of Wyoming, its successors, and assigns, ("Grantee"). Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged and in further consideration of these covenants and agreement of Grantee herein contained by these presents, insofar as it has the right to do so, grants the right to enter upon the hereinafter descnbed lands and to construct, reconstruct, operate, and maint~jn a water line system on the hereinafter described lands, to cut and trim trees and shrubbery that may interfere with or threaten to endanger the operation and maintenance of said line or system and to license, permit, or otherwise agree to the joint use or occupancy of said line or system by any other person, firm, or corporation for water purposes. Said land being located in Lincoln County, Wyoming and described as follows: See attached legal description described as Exhibit "A. " The Grantee agrees to pay to the Grantor the actual damages to Grantor's real property, including damage to growing crops, arising out of initial construction of said lines; and to pay thereafter actual damages to growing crops occasioned by operation and maintenance of said lines, The initial consideration for the grant of this right-of-way easement shall be $500.00, receipt of which is acknowledged by Grantor, 703-()I)I;7:~,~, ;, 9/26J:J~,:~;},'...:' Page; ,I...... , : ~~; ~~l;~~~~t~im~ i ~~ RECEIVED 10/4/2006 at 2:32 PM RECEIVING # 923072 BOOK: 635 PAGE: 855 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMME~ER, WY . , , ::: :,~,:~! f:;~".·"~;:r:;;i~;i,;::";:· ~~m~ ßT;;"~ ):; ,:;:~:;::~; I' ::::;! ·····'.'.-.-.·r._. ..... _ ....,.._ ,_. ___.'.'_..._.........~_'...' _ 0008Sc;. The Grantee agrees that all equipment installed on the above-described premises at the Grantee's expense shall remain the property of the Grantee, removable either at the option of the Grantee or upon termination of this right-of-way. The Grantor reserves the right to occupy, explore, mine and cultivate said lands for all purposes, except that Grantor will not erect, construct or permit to be erected or constructed any building or other structure, plant any trees, drill any well, or alter ground level by cut or fill, within the limits of said Right-of-way without the express written permission of Grantee. Grantor also reserves the right to require Grantee to move its above-mentioned facilities at any time, and any number of times at Grantor's expense when such facilities in Grantor's sole discretion are deemed to interfere with Grantor's present or future exploration and mining activities, mining plans, or future mining plans. Grantee shall indemnify and save harmless Grantor from and against any and all claims, demands, suits, or causes of action of every kind and nature to persons and property occurring on or about the above described lands arising from Grantee's activities thereon. Grantee s1íall hold Grantor harmless and hereby releases and discharges Grantor of and from all liability for direct or consequential damage or injury of any kind for damages to Grantee's facilities located on, over, or under the above-described lands arising from Grantor's operations. Grantee is to have and hold said easement so long as Grantee, its successors or assigns, shall continue to use the said lands for the purposes herein specified with no cessation of use longer than six (6) consecutive calendar months, Grantee may at any time, and upon termination of this easement shall execute a reconveyance and release hereof. Within six (6) months after termination of this easement, Grantee shall remove its water lines and associated facilities and restore the surface of the lands as near as practicable to its original condition. The easement is subject to all valid and applicable laws, rules, regulations and orders of federal, state, and other governmental bodies or agencies having jurisdiction of the premises. This easement is conveyed by Grantor and accepted by Grantee without covenants of warranty of title, expressed or implied. Grantee shall have no claim for damages or refund against the Grantor for any claimed failure or deficiency of Grantor's title to said lands or for interference by any third party , This easement is binding upon the successors and assigns of the parties hereto. 703-OOI-AB 9/26/2006 Page 2 · ...-.__...... ,',' .~.... - .-..._--............_~, --,"'-'" -. "_..,......'...............,,. "............ ..-......,........;.; . OOOB5~ IN WITNESS WHEREOF this easement is executed as of the date first written above, GRANTEES GRANTOR The Oakley Service & Improvement District By:~~,,;f\~-f Its: & a,~.# (!~tU.~~,n- The Pittsburg & Midway Coal ~~~ Robert G. Utter, Attorney-in-Fact 703-00 b!~.R 9/26~f~L> ¡ PageJ ,.. .';':1';:'. '«f,':' ~i::::::t '::~~~:~: ~;~~j;lim;t¡i,;ii~1 ·. .,..,.."....,...,.,....' ....-...........,.. STATE OF COLORADO ) ) ss. ARAPAHOE COUNTY ) I, ~ (fJ~-ú ,a notary public in for said county in said state, hereby certify t Robert G. Utter. whose name as Attomey-m-Fact of The Plttsburg & Midway Coal Mining Co.. a Missouri corporation. is signed to the foregoing instrument. and who is known to me. acknowledged before me on this day that. being informed of the contents of the instrument, he. as such officer and with full authority. executed the same voluntarily for and as the act of said corporation. 000858 STATE OF WYOMING ) ) ss. ) Given under my hand ~ day of My commission expires: o 7jrll,/,!;lI)r) 9 COUNTY OF LINCOLN MyCalmilllclt EIpiIIØ71MØ . "~. ,~ unde~signed. a 11f?tary public in and fo~ sai~unty. in said state. hereby certify tbat"':"1:~.u.::~.lV·t"L.-~~ . as~,l.(j. " ~\D w'rY\OJ\.... ßf the Oakley Service and Improvement District. whose name is signed to the foregoing instrument. and who is known to me. acknowledged before me on this day that. being informed of the contents of the instrument, ~ executed the same voluntarily on the day the same bears date. Given under my hand this -±- day of ö(3-- My commission expires: ß~Cf( .M:IMTER - NOrMY PIB.I: CXJIJfIY Of tlCOlN ~ CGImissioa ExpOs Prepared by: David M, Amolds. Esq. P. O. Box 6518 Englewood. Colorado 80155-6518 703..()() l-AB 9/26/2006 Page 4 . ~. ... ......~..... '..' -'.' '-' . . . .. .,.......-'1.._-,..... . ,... _...,......, .~:"..". ":,. EXHIBIT A Legal Description For Oakley Service & Improvement District OOOBS~ Oakley Water Line Easement A water line easement through portions of Lot 1 of the Diamondville South Subdivision and through Tracts 41, 39, 38 ], 38 L and within the SW ~f Section 25 and the W Yz of Section 36 all of the resurvey of T. 21 N., R. 116 W., of the 6th P.M., Town of Diamondville, City of Kemmerer, Lincoln County, Wyoming. Said easement being 20.00 feet in width and being 10.00 feet each side the following described centerline. Commencing at the southeast corner of the South Park Addition to the Town of Diamondville where is found a 3" diameter aluminum cap on 2 W diameter aluminum pipe thence NI7'20'52"W 19.99 feet to the southwest comer of the Hillcrest West Addition to the Town of Diamondville where is found a rebar with aluminum survey cap; Thence N72° 38'34"E along the common boundary line between the Hillcrest West and Hillcrest Subdivision and the Diamondville South Subdivision all to the Town of Diamondville, Wyoming, 139.36 feet to the Point of Beginning of this description. The following three (3) courses being through Lot 1 of the Diamondville South Subdivision. Thence S14° Q6'25"E, 440.13 feet; Thence ~3° 25'54"E, 386.65 feet; Thence S7° 59'23 "E, 136.50 feet to a point on a curve on the common boundary line between the east right of way boundary of U.S. Highway 30 and the Diamondville South Subdivision from which the southwest corner of said Diamondville South Subdivision bears S19° 30'Q6"E, 91.43 feet. The following two (2) courses being within the right of way of said U.S. Highway 30. Thence S7° 59'23"E, 140.90 feet; Thence S7° 58'11 "E, 316.10 feet to a point on the line of a jog in the east right of way boundary line of said U.S. Highway 30 from which a standard concrete highway right of way marker to the inside of said highway right of way jog bears S800 05'12"W a distance of 16.95 feet; Thence continuing S7° 58'11 "E, 376.31 feet to a point from which corner number 1 of Tract 39 of the resurvey of T. 21 N., R. 116 W, bears N87° 57'20"E, 675.46 feet. Said corner number 1 being monumented by a standard U .S.G.L. 0, brass cap; Thence 56° 25'14"W, 734.27 feet; Thence S5° 53'47"W, 587.14 feet; 703-f!01_.~.H 9/26j::,i~:;:::::c ' Pag~,.~.....,.,. , , ¡~:!m~~~~{. ';;f~¡l~~W;;~!;' §:*~::~:*::::~r '~'~!'!"&'·;~I"·f! ...-.-.... -.- ....-.......--.........,-..--_.~,___~_...~...,.,..,_... .L.L. ....-'-...,.-.'...-......... ....~......"".............._"--'---,.........'"<~......~- '....",...;,-.., ,",'" OOOS6l!: Thence S5° 55'27"W, 736.28 feet to the PC of a curve to the left from which comer number 2 of said Tract 39 bears S67° 28'32"W, 988.41 feet where is found a standard U.S,G.L.O, brass cap; Thence 1843,05 feet along the arc of said curve to the left to the PT of said curve. Said curve to the left having a central angle of 470 58'20" and a radius of 2201,25 feet; Thence S41° 36'24"E, 93.79 feet; Thence S49° 11 '4O"E, 101.26 feet; Thence S460 28'24"E, 135.66 feet to a point on the north or west boundary line of that particular parcel of land conveyed by QCD to the Oregon Short Line Railroad identified as Parcel 2 as recorded in book 131 PR on page 306 on file in the Lincoln County Clerk's Office. Thence the following six (6) courses being through property of said Oregon Short Line Railroad; Thence S460 28'24 "E, 116.19 feet; Thence N51 0 12'35"E, 180.48 feet; Thence S56° 33'41"E, 60.35 feet: Thence S33° 24'47"E, 89.74 feet; Thence S39° 29'33"E, 35.95 feet; Thence S440 53'18"E 54.26 feet to a point on the east right of way boundary of said Oregon Short Line Railroad. The intersection of said east right of way boundary of said railroad and the east right of way boundary line of said U.S. Highway 30 bears S7° 26'24"W, 244.13 feet where is found 'a rebar with 2" diameter aluminum CCI survey cap; Thence S440 53'18"E, 45.77 feet; Thence S49° l1'45"E, 75.25 feet; Thence 8400 07'18"W, 4.81 feet; Thence S16° 49'56"W, 89.08 feet; Thence S60 0I'42"E, 107.60 feet; Thence S28° 31'00"E, 92.23 feet; Thence S14° 07'33"E 26.48 feet to a point on the north or east right of way boundary line of said U.S. Highway 30. Said intersection of the east right of way boundary of said railroad and the east right of way boundary line of said U.S. Highway 30 bears N47° 14'35"W, 209.43 feet where is found a rebar with 2" diameter aluminum CCI survey cap. The following eight (8) courses being within the right of way of U.S, Highway 30 or Lincoln County Road 12-329 (Oakley Road); Thence continuing S14° 07'33"E, 59.94 feet; Thence S38° 42'41"E, 91.70 feet; Thence S51° 05'50"E, 96.47 feet; Thence S35° 20'28"E, 78,96 feet; Thence S51 0 4O'13"E, 30.08 feet; 703-OO1-AB 9/26/2006 Page 6 .. "..,,-.-",..- 00086~~t Thence S460 57' 11 "E, 430.21 feet to the PC of a curve to the left; Thence 209.21 feet along the arc of said curve to the left to the PT of said curve. Said curve to the left having a central angle of 43° 44'41" and a radius of 274.01 feet; Thence N89° 18'08"E, 363.08 feet to the point of terminus from which comer number 3 of Tract 44 being identical with the southwest comer of the Quarry Subdivision bears S72° 13'lO"W, 184.39 feet where is found a 3" diameter aluminum survey cap appropriately stamped but without an LS number on it. The total length of the easement above described along it s centerline being 8,575 feet more or less. 703~:k~: 9/26i;¡~š;~ilij;:;:: P~,~;,J..s.¡.;",;.;·. :~:~~~1:~¡