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HomeMy WebLinkAbout930540 SEC. 20, 29, T37N, Rl18W ELECTRIC TRANSMISSION LINE EASEMENT KNOW ALL MEN BY THESE PRESENT: That the undersigned, Alpine Development Group, LLC, a Wyoming limited liability company, and Monica Mason ("Grantors"), 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 Utility Corporation, of Afton and Jackson, Wyoming and to its successors and assigns, ("Grantees"), a perpetual easement and right of way for the construction and continued maintenance, repair, technological upgrades or alteration and replacement of the electric transmission facilities, lines, equipment and related state of the art technological improvements or upgrades, to be constructed and maintained under, upon and across the premises of Grantors in Lincoln County, State of Wyoming, along a line described as follows, to wit: According to attached Exhibit "A" Together with all necessary and reasonable rights of ingress and egress and the repair of said facilities and to cut, trim, or remove trees, shrubbery, undergrowth or other obstructions interfering with the repair and maintenance of the facilities. The Grantors acknowledge that Electric and Magnetic Fields (EMF) are naturally occurring in the transmission or distribution of electricity, and that the Grantee has here notified Grantors that EMF testing and infonnation is available upon request rrom the Grantee. This Easement by Grantors 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. Grantors agree 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. Grantors shall compensate Grantee for any damages to Grantee's facilities caused by Grantors, including payment of Grantee's attorney fees if action is undertaken by Grantee to enforce the commitments described in this easement. Grantors reserve 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 run with the land. This easement is not exclusive, and Grantors retain 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. Grantors hereby release and waive all rights by virtue of the Homestead Exemption Laws of Wyoming. "'T~ =r EFFECTIVE as of the date of the last signature ofa Grantor, on the ~day oL () (t e..2007. RECEIVED 6/20/2007 at 2:31 PM RECEIVING # 930540 BOOK: 662 PAGE: 836 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Alpine Development Group, LLC, sole owner of Lot 7 of Snake River Junction First Filing By: Covelop, Inc., a Califonúa corporation, its manager BY~ ~i. p~ STATE OF COUNTY OF The foregoing instrument was acknowledged before me by Damien T.P. Mavis, affirming proper authority as the President of Covelop, Inc., Manager of Alpine Development Group, LLC, this day of .20_. (Seal) Witness my hand and official seal. S-ërt A-TTAChED ~AJc)WI~ Notary Public My commission expires: Page 1 0£2 000836 O~l30S40 000837 STATE OF California COUNTY OF SAn Luis Obispo On June 14. 2007 before me, A, Clark. Notary Public (Name of Notary Public) personally appeared Damien T, P. Mavis personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~ (SignatYreÕf otary Public) A. CLARK , COMM, #1698066 ~ NOTARY PuBuc - CALIFORNIA G> SAN LUIS OBISPO COUNTY () COMM. EXPIREs NOV. 5, 2010 ~ (This area for notarial seal) A1'r At" 7Z) 13' ú!fctíelè- rl?M Smi.s..s./tJN ¿I µe FA-S£.MIi&Hr (notary)(07-02) <.:a30540 Q...ß, 000838 EXHIBIT A DESCRIPTION OF PARTS OF LOTS 1 & 7 SNAKE RIVER JUNCTION FIRST FILING for Lower Valley Energy Electric Transmission Line Easement TO WIT: A PARCEL OF LAND being parts of Lot 1 and 7 of Snake River Junction First Filing, a subdivision of record in the Office of the Clerk of Lincoln County, Wyoming as Plat No. 294-A; said parcel is located within the S1/2 of Section 20 and the N1/2 of Section 29, T37N, R118W, Lincoln County, Wyoming; said parcel is more particularly described as follows: BEGINNING at an unmonwnented point on the north boundary of said Lot 7, from which the northwest corner of said Lot 7 bears S 74°24'03" W, 863.10 feet; said northwest corner is monumented by a 5/8 inch diameter steel reinforcing rod with no cap; thence N 74°24'03" E, 81.59 feet along the north boundary of said Lot 7 to an unmonumented point; thence through said Lot 7 as follows: proceeding S 04°16'40" E, 140.88 feet to an unmonumented point; thence S 04°25'30" E, 355.56 feet to an unmonumented point; thence S 03°15'01" E, 318.18 feet to an unmonwnented point; thence N 86°44'59" E, 29.30 feet to an unmonumented point; thence S 02°54'51" E, 73.41 feet to an unmonumented point; thence southwesterly 10.25 feet along the arc of a curve to the right having a radius of 10.00 feet through a central angle of 58°42'33" to an unmonumented point; said curve is subtended by a chord that bears S 26°26'26" W, 9.80 feet; thence S 55°47'42" W, 61.37 feet to an unmonumented point; thence northwesterly 15.56 feet along the arc of a curve to the right having a radius of 10.00 feet through a central angle of 89°09'47"; said curve is subtended by a chord that bears N 79°37'25" W, 14.04 feet; thence on a non-tangent bearing N 31 °50'24" W, 5.87 feet to an unmonumented point; thence S 58°09'36" W, 362.87 feet to an unmonumented point; thence S 57°05'14" W, 270.22 feet to the unmonumented intersection with the east boundary of said Lot 1; thence exiting said Lot 7 and proceeding through said Lot 1, continuing S 57°05'14" W, 123.47 feet to the intersection with the south boundary of said Lot 1; thence S 78°49'55" W, 136.45 feet along said south boundary of Lot 1 to the southwest corner of said Lot 1, which is monumented by a 5/8 inch diameter steel reinforcing rod with no cap; EXHIBIT A DESCRIPTION OF PARTS OF LOTS 1 & 7 SNAKE RIVER JUNCTION FIRST FILING for Lower Valley Energy Electric Transmission Line Easement Page 1 of2 O:: 'J,-jO!:"540 000839 thence N 07°59'44" W, 29.96 feet along the west boundary of said Lot I to an unmonumented point; thence N 56°56'21" E, 106.97 feet to an unmonumented point; thence N 57°05' 14" E, 166.64 feet to the unmonumented intersection with the east boundary of said Lot 1; thence N 08°08'24" W, 0.21 feet along said east boundary of Lot 1 to the northeast comer of said Lot 1, coincident with a comer on the boundary common to said Lot 7 and Lot 6 of said Snake River Junction First Filing; thence N 09°29'10" E, 2.47 feet along said common boundary of Lots 6 and 7; thence proceeding through said Lot 7 as follows: continuing N 57°05' 14" E, 233.20 feet to an unmonumented point; thence N 58°09'36" E, 367.43 feet to an unmonumented point; thence N 03°15'01" W, 350.32 feet to an unmonumented point; thence N 04°25'30" W, 354.84 feet to an unmonumented point; thence N 04°16'40" W, 124,97 feet to the POINT OF BEGINNING; SAID PARCEL ENCOMPASSES AN AREA OF 3.24 ACRES, more or less; the BASIS OF BEARING for this description is S 89°56'50" E along the section line common to Sections 20 and 29, T37N, R118W between the one-quarter comer common to said Sections 20 & 29, and the east one-sixteenth comer common to said Sections 20 & 29; this description is based on a survey perfonned during the years 2005 and 2006; all as shown on the EXHIBIT SHOWING LOWER V ALLEY ENERGY ELECTRIC TRANSMISSION LINE EASEMENT WITHIN LOTS 1 & 7 SNAKE RIVER JUNCTION FIRST FILING attached hereto and by this reference made a part hereof JORGENSEN ASSOCIATES, P.C. 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