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HomeMy WebLinkAbout930553 ...,,~ ...." ..~. ~...~ III" .. WORK ORDER # Section 10 &: 19, T37N, R118W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Alpine Development Group, LLC, a Wyoming limited liability company, ("Grantor"), for good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, convey and warrant unto Lower Valley Energy, a Cooperative ColpOnttion, 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, altemtion and replacement of underground electric distribution circuits, lines and equipment of the Grantee and necessary associated aboveground appurtenances to be constructed and maintained under, upon and across the premises of Grantor in LINCOLN COUNTY, State of WYOMING in an area described as follows, to wit: As described In Exhibit "A" attacbed bereto, and by tbls reference made a part bereof. The Grantor acknowledges that Electric and Magnetic Fields (EMF) are naturally occwring in the transmission or distribution of electricity, and the Grantee has hereby notified Grantor that EMF testing and information is available upon request ftom the Grantee. This Easement by Grantor is intended to include so much space as is necessary orappropriate to the prc:scnce of EMF and reasonable operation of the Grantee's distn'bution lines. Grantor agrees that all wires and other facilities, installed under or on the above described lands at the Grantee's expense sball remain the property of the Grantee, removable at the sole discretion of the Grantee and at Grantee's expense. The rights, conditions and provisions of this easement sha1I 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's fees if action is undertaken by Grantee to enforce the commitments descnbed in this easement Grantor reserves the rights to improve, occupy and use this easement for all purposes not inconsistent with the easement grant. Each party sball have theremcdy of specific performance n:garding this easement The rights and obligations described in this easement sha1I run with the land. This easement is not exclusive, and Grantor reserves 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. IN. WITNESS WHEREOF the Grantor has hereunto set its hand to be effective as of the 1.:1- day of .::J v i'\ (... ,2007, hereby waiving and releasing any and all rights under and by virtue of the Homestead Exemption Laws of the State of Wyoming. GRANTOR: By: Covelop, Inc., a . . a corporation, its M er RECEIVED 6120/2007 at 3:18 PM RECEIVING # 930553 BOOK: 662 PAGE: 877 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ALPINE DEVELOPMENT GROUP, LLC, a Wyoming limited liability company SIGNATURE ACKNOWLEDGMENT ON NEXT PAGE Page 1 of2 0330553 000878 STATE OF California COUNTY OF Sn Luis ObisDO On June 19. 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. This acknowledgement will attach to document entitled Distribution Easement. WITNESS my hand and official seal, ~ff~ (Signatuæ-ef1l(c)tary Public) - A. CLARK ., COMM, fJl1698066 ~ NOTARY PUBUC - CALIFORNIA G) SAN LUIS OBISPO COUNTY 0 COMM. EXPIRES NOV. 5. 2010 ~ (This area for notarial seal) (notary)(07-02) 000879 O~130S53 EXHIBIT A DESCRIPTION OF PARTS OF LOTS S THROUGH 9 SNAKE RIVER JUNCTION FIRST FILING fora Lower VaDey Energy Distribution Easement TO WIT: SEVEN TRACTS OF LAND being parts of Lots 5 through 9 of Snake River Junction First Filing, a subdivision of record in the Office of the Clerk of Lincoln County, Wyoming 88 Plat No. 294-A; said tracts are located within the S1I2 of Section 20 and the Nll2 of Section 29, TI7N, Rl18W, 61JJ P.M., Lincoln County, Wyoming; THE FIRST TRACI' is parts of Lots 5 and 7 of said Snake River Junction First Filing identical with that twenty foot (20'()O') wide strip, which is parallel with and adjoins the west boundaries of said Lots 5 and 7, and which extends ftom the north boundary of said Lot 7 to the south boundary of said Lot 5, and is identified on said plat 88 a Utility Easement created by the plat; THE SECOND TRACI' is identical with Road Lot 6 of said Snake River Junction First Filing, which contains roads identified on said plat as Iron Horse Drive and Sunbeam Drive; THE THIRD TRACI' is a twenty foot (20.00') wide strip that is part of said Lot 7; said strip is parallel with and adjoins a segment of the north boundary of said Lot 7 and is bounded as follows: on the north by the north boundary of said Lot 7; on the south by a line that is parallel with and offset 20.00' ftom the north boundary of said Lot 7; on the east by the most westerly boundary of the Fifth Tract described herein; on the west by the east boundary of the First Tract described herein; THE FOURm TRACI' is a sixty-five feet (65.00') wide strip of land that is part of Lot 7 of said Snake River JWlction First Filing, and is more particularly descnbed as follows: BEGINNING at a comer of Lot 7 of said Snake River Junction First Filing, coincident with the northwest comer of Lot 8 of said Snake River Junction First Filing; thence S 15°-35' -ST' E, 65.00 feet along the west boundary of Lot 8; thence departing said west boundary and proceeding S 74°-24'-03" W, 633.73 feet into said Lot 7; thence N 15°-35'-57" W, 65.00 feet to the intersection with the north boWldary of said Lot 7; thence N 74°-24'-03" E, 633.73 feet along said north boWldary of Lot 7 to the CORNER OF BEGINNING; THE FIFIB TRACI' is that part of Lot 7 of said Snake River Junction First Filing, more particularly described as follows: BEGINNING at the northeast comer of Lot 1 of said Snake River Junction First Filing, coincident with a comer on the boundary of said Road Lot 6; EXHIBIT  DESCRIPTION OF PARTS OF LOTS 5 THROUGH I SNAKE RIVERJUNCßON FIRST FILING for Lower VaUey Ener¡y Distribution Easement Page 1 00 O~lúu~::l3 thence N 09°-59'-10" E, 47.33 feet along an east boundary of said Road Lot 6 to an angle point on said boundary, coincident with the southeast comer of Lot 2 of said Snake River Junction First Filing; thence departing said east boundary, continuing N 09°-59'-10" E, a distance of 5.26 feet; thence N 81°-56'-4T' E, 140.67 feet; thence N 59°-52'-32" E, 255.75 feet; thence N 30°-07'-28" W, 85.75 feet; thence N 59°-52'-32" E, 80.00 feet; thence S 30"-07'-28" E, 50.00 feet; thence S 59°-52'-32" W, 30.00 feet; thence S 30°-07'-28" E, 98.00 feet; thence S 74°-31'-44" W, 48.42 feet; thence S 59°-52'-32" W, 268.65 feet; thence S 81°-56'-4T' W, 166.71 feet to the CORNER OF BEGINNING; THE SIXTH TRACT is part of Lot 8 of said Snake River Junction First Filing, more particularly described as follows: BEGINNING at the northwest comer of said Lot 8; thence N 74°-24'-03" E, 100.00 feet along the north boundary of said Lot 8; thence S 15°-35'-5T' E, 234.00 feet along the boundary common to said Lot 8 and Lot 9 of said Snake River Junction First Filing to the southwest comer of said Lot 9, coincident with a comer on the boundary of said Lot 8; thence departing said common boundary, continuing S 15°-35' -5T' E, 70.24 feet into said Lot 8; thence N 77°-48'-13" E, 222.59 feet; thence N 72°-18'-19" E, 392.67 feet; thenceS 17"-41'-41"E,5.00feet; thence N 72°-18'-19" E, 86.16 feet; thence N 19°-51'-45"W, 71.14 feet to the intersection with the south boundary of said Lot 9; thence N 74°-24'-03" E, 20.06 feet along said south boundary of Lot 9 to the intersection with the east boundary of said Lot 8; thence S 19°-51'-45" E, 110.43 feet along the east boundary of said Lot 8; thence departing said east boundary and proceeding S 72°-18'-19" W, 86.92 feet into said Lot 8; thence S 19"-51'-44" E, 96.97 feet to the intersection with the south boundary of said Lot 8; thence S 74°-24'-03" W, 40.11 feet along the south boundary of said Lot 8; EXHIBIT A DESCRIPTION OF PARTS OF WTS 5 THROUGH" SNAKE RIVER JUNCI10N FIRST F1L1NG for Lower VaDey Eoer¡y Dbtrlbutioo EaHmeot Page 2 00 000880 O~'30~53 thence departing said south boundary andproceedingN 19°-51'-44" W, 90.49 feet into said Lot 8; thence S 72°-18'-19" W, 376.00 feet; thence S 77°-48'-13" W, 236.90 feet; thence S 74°-24'-02" W, 85.14 feet to the intersection with the west boundary of said Lot 8; thence N 15°-35'-57" W, 353.45 feet along said west boundary of Lot 8 to the CORNER OF BEGINNING; THE SEVENm TRACI' is part of Lot 9 of said Snake River Junction First Filing, more particularly described as follows: BEGINNING at the northeast comer of said Lot 9, where is found a 5/8 inch diameter steel reinforcing rod with 2 inch diameter aluminwn cap inscribed "PLS 164"; thence S 19°-51'-45" E, 234.65 feet along the east boundary of said Lot 9 to the southeast comer of said Lot 9; thence S 74°-24'-03" W, 20.06 feet along said boundary common to said Lots 8 and 9; thence departing said common boundary, N 19°-51 '-45" W, 169.47 feet into said Lot 9; thence S 74°-24'-03" W, 683.00 feet to the intersection with the west boundary of said Lot 9; thence N 15°-35'-57' W, 65.00 feet along the west boundary of said Lot 9 to the northwest corner of said Lot 9; thence N 74°-24'-03" E, 698.21 feet along the north boundary of said Lot 9 to the CORNER OF BEGINNING; except as called for above, at the time of the preparation of this description, the tracts descn'bed above are not monwnented; the BASIS OF BEARING for this description is S 89"56'50· E along the section line common to Sections 20 and 29, T37N, R1l8W 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 performed during the years 2005 and 2006; said tracts are shown on that ILLUSTRATIVE EXHIBIT SHOWING LOWER VALLEY ENERGY DISTRIBUTION EASEMENT WITHIN SNAKE RIVER JUNC110N FIRST FILING attached hereto and by this reference made a part hereof; except as indicated on said Exhibit, none of the comers or angle points of the tracts descnDed herein are currently monwnented. JORGENSEN ASSOCIATES, P.C. I'Rpored May 4,2007; Revised Jooe 7. 2007 H:\200sIOSIl31011Doc:s\17, LVE V..' NewIDe8e LYE Esm! Lots S-9.doc EXHIBIT Å DESCRIPTION OF PARTS OF LOTS 5111ROUGH , SNAKE RIVER JUNcnON FIRST FILING for Lower Valley Energy Dlstrlbnllon E...ment Page 3 00 00088:1. " ~~~~·r·: ¡ ¡~~;. I il t..- ) \ ~i~ ~; t ~ ~~ \~~ t1 ~! (¡ ~ ¡. ~\J',r. s: /, Jo... t I ij) Q .::. .Ì$"'.....:;. --- >1 ~ :r "::"¡-:i .~:t§ 'f~-'" ,: I ~ .~~:, \ C) i Jlt' ~'lItJ ( 1--- :::t ¡"\;'. .f ! ¡ '< .... ;;- [ ~ : I t:.¡ V)'i~ !t; r f ~ &, : "i" \i.:o't¥'::¡:' ·'V.... Ii -. 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