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Home My WebLink About934260 RECEIVED 1 0/221200~ PM RECEIVING # 934260 BOOK: 676 PAGE: 302 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY UTILITY EASEMENT AGREEMENT 000302 THIS UTILITY EASEMENT AGREEMENT (this "Agreement") is made and entered into this /1+( day of O~ ~ , 2007, by and between Alpine Junction LLC, a Wyoming limited liability company (hereafter referred to as "Grantor") and North Star Utility, a Wyoming public utility company (hereafter referred to as the "Grantee"). RECITALS. :3 Ý 1-. 11/,· i / /1· . . ¡".' ..¡¡J I.J" ~.~ ;",1" . WHEREAS, Grantor owns that certain real property in Lincoln County, Wyoming which is more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Grantor Property"); WHEREAS, Grantor, as Grantor and as Founder as that term is defined in the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Alpine Meadows Subdivision, Lincoln County, Wyoming, desires to grant to Grantee, an express, non- exclusive utility easement on the Grantor Property according to the terms and conditions set forth herein; and WHEREAS, the Grantor and Grantee agree that the Grantor Property shall be the property burdened by the easement rights granted herein. AGREEMENTS NOW, THEREFORE, for and in consideration of the foregoing recitals, the sum of TEN AND NO/lOO DOLLARS ($10.00), and other good and valuable consideration, in hand paid, receipt and sufficiency of which is hereby acknowledged and confessed, Grantor and Grantee do hereby agree as follows: 1. Grant of Non-Exclusive Easement. Grantor hereby grants to Grantee its successors, assigns, employees, agents, contractors, licensees, and other invitees specifically including Lower Valley Energy, a Wyoming cooperate utility company, a non- exclusive utility easement in, under,. over and across the entire Grantor Property specifically described on Exhibit A attached hereto (the "Utility Easement") for the purposes of constructing, operating, placing, maintaining, inspecting, protecting, repairing, altering, substituting, relocating, replacing and removing utility lines, including but not limited to water, sewer and underground power lines, and other such underground and aboveground appurtenances thereto as Grantee and its successors and assigns may from time to time require or as applic,able rules, regulations and laws may require from time to time (collectively, the "Utilities"). Utility Easement Agreement (Alpine Junction LLC and North Star Utility / Lot 36) Page 1 of6 000a03 2. Reservation of Grantor. The Grantor reserves unto itself, its guests, invitees, legal representatives, successors and assigns, the right to use the surface and subsurface of the Utility Easement, provided such use does not unreasonably impair, interfere with or obstruct the use of the Utility Easement by Grantee or its successors and assigns, specifically including Lower Valley Utility. The Grantor further reserves unto itself, its successors and assigns, the right to grant additional easements in, under, over and across the Utility Easement and the Grantor Property for any purpose as Grantor deems necessary in Grantor's sole discretion provided such additional easements do not unreasonably impair, interfere with or obstruct the use of the Utility Easement by Grantee or its successors and assigns, specifically including Lower Valley Utility. Notwithstanding the foregoing, Grantor agrees that it, or any other grantee of an easement within the Utility Easement contemplated herein, shall obtain the approval of Grantee prior to the commencement of the construction of any improvements within the Utility Easement, and such approval shall not be unreasonably withheld by Grantee. 4. Restriction and Maintenance Costs. Grantee, or its agents, shall bury the Utilities. The costs of the installation, maintenance, repair and replacement of the Utilities shall be at the sole obligation and expense of Grantee. 5. Survival: Construction. This Agreement shall survive the execution of the delivery and recordation of the Utility Easement which is described herein, and shall remàin and continue in full force and effect. Any recitals in this Agreement are represented by the parties to be accurate and constitute a part of the substantive Agreement. This Agreement shall be construed in accordance with the laws of the State of Wyoming. Venue is in Lincoln County, Wyoming. 6. Enforcement. If any party is required to take action to enforce the terms and conditions of this Agreement, the defaulting party agrees to pay all costs incurred by the non-defaulting party, including attorney's fees whether suit is brought or not. 7. Declaration. The Utility Easement shall be "in gross", and shall inure to the benefit of the Grantee, and Grantee's successors, legal representatives and assigns, forever. The Grantor Property shall be the property burdened by the Utility Easement and the rights granted herein. Grantor hereby declares that the Grantor Property shall be owned, sold, conveyed, encumbered, leased, used, occupied and developed subject to the Utility Easement and the terms and conditions set forth herein, which shall run with the Grantor Property and shall be binding on all parties having or acquiring legal title or an equitable interest in the Grantor Property, or any part thereof. This Agreement shall be binding on the parties hereto, their successors and assigns. 8. No AssumDtion of Liabilitv. Grantor, by granting the Utility Easement, does not assume any responsibilities or liabilities with respect thereto, nor shall Grantor at any time incur any liability for failure to comply with any law, ordinance, regulation or order with respect to the Utility Easement contained herein. Grantee shall indemnify, save and hold Grantor, its successors and assigns, harmless trom any loss, claim or liability Utility Easement Agreement Page 2 of 6 ansmg out of, or attributable to, Grantee's use, maintenance (or lack thereof) and occupation of the Utility Easement. 000304 9. Notice. Any notice to be given or to be served upon any party hereto must be in writing, and may be given by facsimile, or certified or registered mail and shall be deemed to have been given and received upon confirmed transmission by facsimile, or the day such notice is deposited with FedEx or another generally recognized overnight courier, addressed to the appropriate party hereto, or when a certified or registered letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States Mail. Such notices shall be given to the parties hereto at the following address: If to Grantor: Alpine Junction, LLC P.O. Box 610 330 N. Glenwood Jackson, Wyoming 83001 If to Grantee: North Star Utility P.O. Box 610 330 N. Glenwood Jackson, Wyoming 83001 10. Severability. In case anyone or more of the provisions contained in this Agreement shall for any ~eason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 11. Entire A2reement; Modification. This Agreement embodies and constitutes the entire understanding between the parties with respect to the transactions contemplated herein and all prior or contemporaneous agreements· understandings, representations, statements are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against whom the enforcement of such waiver, modification, amendment, discharge, or termination is sought, and then only to the extent set forth in such instrument. 12. Counternarts. This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. 13. Warranties. Grantor makes no representations or warranties, express or implied, in connection with this grant and the Utility Easement, whether of title, fitness of use, condition, purpose, or of any other nature. Notwithstanding the foregoing, Grantor represents and warrants that Grantor has the authority to grant the Utility Easement contained herein. Utility Easement Agreement Page 3 of6 Ocfc:;b~ DATED this ¡9ft, day of GRANTOR: GRANTEE: ,2007. Alpine Junction, LLC, a Wyoming limited liability company By: The Meridian Group, Inc., Its Manager By: "",TíII Michael T. Halpin, Vice President North Star Utility, a Wyoming public utility company BY:~ ~ì'::::- .... ~.:. (ACKNOWLEDGEMENTS ON FOLLOWING PAGE) Utility Easement Agreement Page 4 of 6 000305 STATE OF WYOMING ) )ss ) 000306' COUNTY OF .TETON On this /'In, day of tJG.:Iv ~ 2007, before me personally appeared Michael T. Halpin, personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed within this instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on this instrument, the entities upon behalf of which the person acted executed this instrument. WITNESS my hand and official seal. , ~J1I/!tt,I.II.~~ß:.:.m.Ct"....í.1'¡~:),~I'~~ JANE HILT ,- NC·fMtY PUBLIC ! COUNTY OF ST,'\TE OF TETON WYOi\¡jjNG M CommlssiOI! E:,pires 2/1/?OiD . ..,- ';30~1(p~.Þ~~~.~:3~"'-':'~ NO~~ If My commission expires: ~ / //J-o f () STATE OF tUCj~J COUNTY OF ,7~ , ) )ss ) On this /9 ff. day of ¿) cÝ-o ~ 2007, before me personally appeared j1/J,ChCle I T: tic! /PI" , personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed within this instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on this instrument, the entities upon behalf of which the person acted executed this instrument. WITNESS my hand and official seal. (. ~J.LJtL Notary p¥c My cOll1lll1ssion expires: ð- /1 / ~o /0 Utility Easement Agreement Page 5 of6 EXHIBIT A 000307 Lot 36 of Alpine Meadows Subdivision, a subdivision of record in the Office of the Clerk of Lincoln County, Wyoming as Plat No. 206-A, which has a receiving date of August 23, 2005 and receiving number of 911176, said subdivision being part of the SEl/4SEl/4 Section 19, SWl/4SW1/4 and SE1/4SW1/4 Section 20, Nl/2NWl/4 Section 29, and NE1/4NEl/4 Section 30, T37N, R118W, 6th P.M., Lincoln County, Wyoming Utility Easement Agreement Page 6 of6