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Home My WebLink About934991 Kt:\..;!:::IVIN\.j 'If ~;j4~~1 BOOK: 679 PAGE: 127 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY TEMPORARY CONSTRUCTION EASEMENT AGREEMENT 0001.27 THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this "Agreement") is made and entered into this 16th day of November, 2007, by and between Flying Saddle, 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. 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"); L-~ "1 I ',c) ì ~i IV / Ò ð 1(." WHEREAS, Grantor desires to grant to Grantee, an express, non-exclusive temporary construction 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 until the term of this Agreement expIres. AGREEMENTS NOW, THEREFORE, for and in consideration of the foregoing recitals, the sum ofTEN AND NO/100 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 temporary construction easement in, under, over and across that portion of the Grantor Property specifically described on Exhibit B attached hereto (the "Temporary Easement") for the purposes of accommodating construction traffic, temporary placement of spoil piles, and incidental sloughing of trenches dug for utility placement on the immediately adjacent property, Snake River Junction subdivision. 2. Installation. Improvement and Maintenance. Grantor further grants to Grantee and its succëssors, assigns, employees, agents and contractors, the additional right to enter onto the Grantor Property as necessary from time to time during the term of Temporary Construction Easement Agreement Page 1 of7 this Agreement. Grantee shall promptly restore the surface grade affected by any of the Grantee's actions hereunder to the same condition it was prior to such operations. 000128 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 Temporary Easement, provided such use does not unreasonably impair, interfere with or obstruct the use of the Temporary 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 Temporary 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 Temporary Easement by Grantee. 4. Restriction and Maintenance Costs. The costs of any work conducted by Grantee within or related to the Temporary Easement shall be at the sole obligation and expense of Grantee. 5. Survival: Term of A2:reement: Construction. This Agreement shall survive the execution of the delivery and recordation of the Temporary Easement which is described herein, and shall remain and continue in full force and effect for a period of one year from the date first set forth above. After such date, this Agreement shall be considered vacated, void and of no further force or 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 Temporary Easement shall be "in gross", and shall inure to the benefit of the Grantee, and Grantee's successors, legal representatives and assigns, during the term that this Agreement is in effect. The Grantor Property shall be the property burdened by the Temporary 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 TemporaryEasement 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, during the effective term of this Agreement. This Agreement shall be binding on the parties hereto, their successors and assigns. 8. No Assumption of Liabilitv. Grantor, by granting the Temporary 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 use of the Temporary Easement contemplated herein. Grantee shall indemnify, save and hold Grantor, its successors and assigns, Temporary Construction Easement Agreement Page 2 of7 harmless from any loss, claim or liability arising out of, or attributable to, Grantee's use, maintenance (or lack thereof) and occupation of the Temporary Easement. 0001.29 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: Flying Saddle, LLC P.O. Box 8940 4200 South Wilson Road Jackson, Wyoming 83002 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 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. 11. Entire Ae:reement; 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. 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 connection with this grant and the Temporary 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 Temporary Easement contained herein. Temporary Construction Easement Agreement Page 3 of7 DATED this 16th day of November, 2007. 0001.30 GRANTOR: Flying Saddle, LLC, a Wyoming lim' d liability company By: Name: Title: GRANTEE: North Star Utility, a Wyoming public utility company By: 8t v C Name: $Hfú)~ €. 11:4wItJ:ÆSo . Title: Þ..~ 'V()lI\btL. 0 :' M,òJt~'f rO;IL M ;:~A:!::L or: I1.Ä-Lr"'MJ ,1>{'~"~"i (ACKNOWLEDGEMENTS ON FOLLOWING PAGE) Temporary Construction Easement Agreement Page 4 of7 STATE OF WYOMING ) )ss ) 000131 COUNTY OF ,TETON On this I{,+t, day of U ~ 2007, before me personally appeared ShlJc..Jn £. f/I+wk..ì t1 S , 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. JANE HILT - NOTARY PUBLIC COUNTY OF STATE OF TETON WYOMING M CommIssion Ex irès 2/1/2010 .. . r f): ¥ -<-- d . 0.4 -- ~ Notary Pu 'c My commission expires: 'ì-/ (/ ~ / C> STATE OF t<J'I~1 COUNTYOF-Î~ ) )ss ) On this //'fJ,. day of 11 () 1/ ~ , 2007, before me personally appeared '111! 1<:' ~ ¡V14'1. ' 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. ~ . . /k-t.JL-- Notary Public My commission expires: ;;'-"/1 / ~ 10 Temporary Construction Easement Agreement Page 5 of7 EXHffiIT A [Legal Description of Grantor Property] 000132 Lot 4 of Flying Saddle, a subdivision of record in the Office of the Clerk of Lincoln County, Wyoming as Plat No. 164-A, which has a receiving date of December 30, 2002 and receiving number of 886599, said subdivision being part of GLO Lot 1 (SE1I4SEl/4) Section 20, T37N, Rl18W, 6th P.M., Lincoln County, Wyoming. Temporary Construction Easement Agreement Page 6 of7 EXHIBIT B [Legal Description of Easement] 0001.33 An easement across Lot 4 of Flying Saddle, a subdivision of record in the Office of the Clerk of Lincoln County, Wyoming as Plat No. 164-A, which has a receiving date of December 30, 2002 and receiving number of 886599, said subdivision being part of GLO , Lot 1 (SEl/4SE1/4) Section 20, T37N, R118W, 6th P.M., Lincoln County, Wyoming, said easement being more particularly described as follows; COMMENCING at the northwest corner of said Lot 4, which is marked by a 5/8" diameter rebar with a 2" diameter aluminum cap inscribed "Surveyor Scherbel LTD Afton WY PLS 3568"; THENCE S19°53'06"E, 15.04 feet to a point located on the west lot line of said Lot 4, the POINT OF BEGINNING; THENCE N74°21'28"E, 10.03 feet; THENCE S19°53'06"E, 84.40 feet; THENCE S70006'54''W, 10.00 feet to an intersection with the west lot line of said Lot 4; THENCE along the west lot line of said Lot 4 N19°53'06"W, 85.14 feet to the POINT OF BEGINNING; Temporary Construction Easement Agreement Page 7 of7 dL