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Home My WebLink About934261 RECEIVED 10/22/2007 at 2:47 PM RECEIVING # 934261 BOOK: 676 PAGE: 308 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY UTILITY EASEMENT AGREEMENT 000308 THIS UTILITY EASEMENT AGREEMENT (this "Agreement") is made and entered into this lSih day of OcAlhoY 2007, by and between Alpine Junction LLC, a Wyoming limited liability company (hereafter referred to as "Grantor") and Lower Valley Energy, a Wyoming cooperative utility company (hereafter referred to as the "Grantee"). RECITALS. 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/IOO 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, a non- exclusive utility easement in, under, over and across that portion of the 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, together with two 30,000 gallon underground propane storage tanks (for a total of 60,000 gallons, with the availability of adding a third 30,000 gallon propane tank) and other such underground and aboveground appurtenances thereto as Grantee and its successors and assigns may from time to time require or as applicable rules, regulations and laws may require from time to time, specifically including the right to construct separate fences around the bulkhead and vaporizers (collectively, the "Propane Tank Facilities"). Utility Easement Agreement Page 1 of7 000309 Grantee will not be responsible for maintaining the landscape or other structures except for those installed by Grantee. Landscape of the property will be in accordance with NFPA 58 with respect to flammable materials within certain distances of the tanks or vaporizers and will not impede the normal operations of the facility. The operation, maintenance, inspection, propane deliveries, construction, repairs or any other operations of the Propane Tank Facilities will be at the sole discretion of L VE and will not be dictated by the Homeowners Association, individual property owners or other entities. 2. Installation. Improvement and Maintenance. Grantor further grants to Grantee and its successors, assigns, employees, agents and contractors the additional right to enter onto the Grantor Property as necessary from time to time for purposes of constructing, reconstructing, repairing, replacing, monitoring and installing the Tanks and Facilities. After the installation, construction or repair of the Tanks and Facilities and also after any later operation done or caused to be done by Grantee which affects the Grantor Property or any part thereof, Grantee shall promptly restore the surface grade affected thereby to the same condition it was prior to such operations. 3. 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. 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. 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. Grantee acknowledges that Grantor currently has plans for the construction of a bike/pedestrian pathway through the Utility Easement and Grantee hereby consents to the construction of such bike path, as set forth on Exhibit B hereto. 4. Restriction and Maintenance Costs. Grantee, or its agents, shall bury the Tanks and Facilities. The costs of the installation, maintenance, repair and replacement of the Tanks and Facilities 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 remain 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. Utility Easement Agreement Page 2 of7 000310 6. Enforcement. If any party is required to take action to enforce the tenns 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 tenns 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 Assumption 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, hannless from any loss, claim or liability arising out of, or attributable to, Grantee's use, maintenance (or lack theréof) and occupation of the Utility Easement. 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 confinned 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 Jackson, Wyoming 83001 If to Grantee: Lower Valley Energy P.O. Box 572 Jackson, Wyoming 83001 10. Severability. In case anyone or more of the provisions contained in this Agreement shall for any reason 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. Utility Easement Agreement Page 3 of7 000311 11. Entire Aereement: 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 tenninated except by an instrument in writing signed by the party against whom the enforcement of such waiver, modification, amendment, discharge, or tennination is sought, and then only to the extent set forth in such instrument. 12. Counterparts. 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 cOIll1ection 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. DATED this 1'5Î\'\ day of O(;tb~ ,2007. GRANTOR: Alpine Junction, LLC, a Wyoming limited liability company By: The Meridian Group, Inc., Its Manager GRANTEE: Lower Valley Energy, a Wyo cooperative utility company (ACKNOWLEDGEMENTS ON FOLLOWING PAGE) Utility Easement Agreement Page 4 of? STATE OF WYOMING ) )ss ) 000312 COUNTY OF .TETON On this 1~íV\ day of 06tõÞCY , 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 m hand and official seal. LISA M. PADDLEFORD . NOTARY PUBUC County of State of Teton Wyoml'j My CommIssion expires Se ember 12, ~ lIÍfß W\I ~~~ Notary Public My commission expires: 0'1' (t.. 'UC>f, STATEOF-1)J Yo mi rVa. COUNTY OF ~ inc.-of fl ) .fit· f) -A--t9 - . On this /7 day of ~ , 2007, before me personally appeared ::fa 'f\ es. R. I JJ e.bb . 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. ) )ss WITNESS my hand and official seal. County of Uncoln StateD! Wyoming My Commission expires August 31, 2010 ~~ Notary PUbl~ My commission expires: 8"·3 J ,. '0/ D GAY PETERSEN· NOTARY PUBLIC Utility Easement Agreement Page 5 of7 EXHIBIT A LEGAL DESCRIPTION OF A LOWER VALLEY ENERGY EASEMENT LOCATED WITHIN LOT 169 OF ALPINE MEADOWS SUBDIVISION 0003j,3 A non-exclusive easement located within Lot 169 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 SE1/4SE1/4 Section 19, SW1/4SW1/4 and SE1/4SW1/4 Section 20, N1/2NW1/4 Section 29, and NE1/4NE1/4 Section 30, T37N, R118W, 6th P.M., Lincoln County, Wyoming, said easement being more particularly described as follows; COMMENCING at the northwest corner of Lot 72 of said subdivision, which is marked by a 5/8" diameter rebar with a 2" diameter cap inscribed "PLS 6447"; THENCE SOooOO'OO"E, 18.28 feet to the POINT OF BEGINNING of easement; THENCE N90000'OO"W, 88.00 feet; THENCE SOooOO'OO"E, 112.00 feet to an intersection with the north line of Wintergreen Drive easement; THENCE along said north line, S90000'OO''E, 88.00 feet to an intersection with the west lot line of said Lot 72 which is coincident with the east lot line of said Lot 169, which is marked by a 5/8" diameter rebar with a 2" diameter cap inscribed "PLS 6447"; THENCE along said west lot line NOooOO'OO"E, 112.00 feet to the POINT OF BEGINNING; SUBJECT TO any other easements, rights-of-way, covenants, conditions, restrictions, agreements, reservations or encumbrances of sight and/ or record. 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