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HomeMy WebLinkAbout935434 UTILITY EASEMENT 0006j.5 KNOW ALL PERSONS BY THESE PRESENTS, that for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, receipt whereof being hereby acknowledged by Grantor, Dream Venture II, LLC, a Wyoming limited liability company, of P.O. Box 747, Jackson, Wyoming 83001, GRANTOR, hereby grants, subject to the below conditions, and conveys to Silver Star Telephone Company, Inc., a Wyoming corporation, of P.O. Box 266, Freedom, Wyoming 83120, GRANTEE, a utility easement for the 1"\ , I V purpose of laying out, constructing, inspecting, operating, maintaining and repairing underground communication lines, together with the right to excavate and refill ditches and trenches for the location of said communication lines, and appurtenant structures, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of said communication lines, over, under and across the ~- 1. ~, j /-( \.1__'[ following described tract: See Exhibits" A" and "B" attached hereto and by this reference made a part hereof. The within grant is an easement running with the land and shall be perpetual so long as it is used for the above-described purposes. Grantor reserves the right to use the property subject to the easement for any purpose whatsoever which does not interfere with the operation and maintenance of the underground utility, specifically including the right to place landscaping materials and features and moveable objects upon the property, together with the right to, at all times, utilize the property for driveway, parking, walkways or recreation purposes. The easement granted hereby is non-exclusive and Grantor reserves the right to grant other or additional easements on the property or portions thereof to serve the property of the Grantor or others and further reserves the right to utilize the property subject to the easement for any purpo::;e which ib not inconsistent with the rights granted and created by this easement agreement. As a condition of this easement Grantee shall be required to and shall repair or replace any items, specifically including survey monuments, fencing, roadways, driveways, walkways and landscaping, which it shall remove, RECEIVED 12/7/2007 at 10:12 AM RECEIVING # 935434 BOOK: 680 PAGE: 615 Page 1 of 3 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER, WY 00061.6 damage or destroy upon the property subject to the easement within thirty (30) days of the completion of construction, all to the condition upon which it was found immediately prior to the commencement of any work done by Grantee or Grantee's agents or contractors within the easement. In furtherance of this condition, Grantee shall replace any and all fencing, trees, shrubs and landscaping materials with the same size and variety of trees, shrubs, and landscaping materials as existed immediately prior to the commencement of the work. Any failure to conform to these conditions by Grantee and this easement shall fail and revert to Grantor, or its heirs, successors and assigns, and shall be of no further force or effect. IN WITNESS WHEREOF, the Grantor has hereunto set its hand this ".., ..r \..- þ. 1\ ?-b day of 1'-.) 0 '^-4.. "'^ ~-e.4 I 2007, hereby waiving and releasing all rights under and by virtue of the homestead exemption laws of the State of Wyoming. GRANTOR: Dream Venture II, LLC, a Wyoming limited liability ::~L Its: \ GRANTEE: Silver Star Telephone Company, Inc., a Wyoming corporation By: ..--,.-.' Page 2 of 3 STATE OF WYOMING ') ) ss. COUNTY OF TETON ) OOÓ6:17 (J The foregoing ins ",:as /acknowledged before me by ~ 1 L I? \.I' c..y- , as 'A17 ßV of Dream Venture II, LLC, a Wyoming limited liability company, this I'rL day of ~b~ r- ,2007. My Commission Expires: tej~ ?Þ~ ·~J~PTARY':PU8UC 'STA1'ÉOF TETON WVOMING MY~SSlON EXPIRES JUNE:M. ~ Witness my hand and official seal. STATE OF WYOMING ) ) ss. COUNTY OF L i f\(D I Y) ) ~ The foregoing instrument was ·,.ð r,~ ( 0 Cl + e. 6 , as . p £ Teleph ne Co~pany, Inc., a Wyoming cor /\/ () V e M b -e \" , 2007. acknowledged before me by of . _ Å S~lver Star J.1~ayof Witness my hand and official seal. ß..AA {\ ¿ ~ P LVtí\l6-JV\ V Notary Pub[5 My Commission Expires: ANGIE PUTNAM· NOTARY PUBLIC COUNTY OF _, STATE OF LINCOLN . WYOMING MY COMMISSION EXPIRES SEPT. 9, 2009 Page 3 of 3 J ! _lMcI_ .....1(_ W,¡O'~....,IM -~....1fII -............ ..... --...- -,,- W o. ~...- _...._....11070 _~"",m H .............,,~ W o._IIo._ __UÞ, --- III """,- --- LM"'_~_ -,- DESCRIPTION FOR SILVER STAR TELEPHONE COMPANY, INC. FROM DREAM VENTURE II. LLC To-wit: - - 00061.8 11U1l part of tho NWY..NEY. of Section la, TI5N Rl19W, Linco1n County, Wyoming. being part of that tract of record in the Office of the Clock of Lincoln County in Book 661 of Photo static Records on page 325, described as f'Ollows: BEGINNING at a pipe at intersecûon of the northerly right-ai-way lino of Etna Village Drive, as depicted on the BinI!. Village Estates Subdivision - Phasc I plat of record in said Office as Instn.unent No. 930932, and the east line of .said NWY..NBY., NOO°-Ol' ~24"B. 4.23 feet,1roln the southeast comer of said NWv..NBY..; thence N88°-S6'-5S"W, 15.00 feet, along saidnortherJy right-of-way line, to a point; thence Nooo-Ol'-24"B. 15.00 feet, along a line parallel with said east tine, to a point; thence 888°-56'.58"B, 15.00 feel, along a line parallel with said northerly right-of-way line, to a point on said east line; thence 800°-01'-24"1; 15.00 f'-'Ct, to the PIPE OF DEGINNING; the BASE BEARING for this survey is the east line of the NEY.. of Section 10, T35N R119W, being NOO°-08'-36"E; each "comer" fuund as described in the Comer Record filed 01' to be med ìn tho Office of tbe Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rot! with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LID AFfON WY PLS 5368", with appropriate details; each "pipe" marked by a W' black iron pipe with a yellow plastic capin.scr!bed "PElLS 698"; aU in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY BASEMENT DESCRIPTION FOR SILVER STAR TBLEPHONE COMPANY, INC, WITHIN NWl/4NEll4 SECTION 10 N R119W LINCOLN COUNTY, WYOMINO", dated 23 October 2007, as revised. "ModfficaUoo In any way of the foregoing description terminal" lIabUity of the surveyor f' . . EXHIBIT.. j ,. . ·,A..',· ",' 'A' ~-------~~~1~~:_____ I I I I r I , I ~, -, 1"1 ~ §: %, I , I ~ I -.-..1 \ - Ni:d~ \.:1 =-" _ _ ....11 1'-O~~,-.._" -.. ... \ , 450.3i' ~ I I norlh"r1~ ~I-o -"oy line E\no V~Ioq. Orl\'ll ~ ~ C:l"'¡ \" ~"",,,,,,~~:~~:~t.u~n~:,,.,,.... ",.....",,,"..,,,,.,,,, '"''''~;J7~1:''''''' Q/iI,ò6 ",: ()' 5' ~ SCAl.E:' .I" '; LBGBND o . e 'i) --- ------- R"""OfI: 9 N_er 2001 Plol Oole: 9 N_ 2007 MJr. __8~ eUU:U!(lll'J /1Þ'f CA/'E'(¡Q '~1! nap IIOðr. __ ct1W'UlÐP F¥I:: Drw..... Venh.,,,. fl. r.u: (J(J, PR :sa f() . , .. 5' 000619 0... rot. P. £IG 81t Ptl '46 DreQ... Ymtun. fl. LlC (J(J PR 325 ill: . 8~ .p ~~ P/P"r t?/' iJ.ð1:¥'h'7h&' S/¿'¿'If' J'r'(1f' ¿;¡.y¿-;W"n' -,. " ErNA J'fLLAQE PKM! ftna Village Estotes Subdivision Phose I Instrument No. 930932 lIE L,ol 24 BXHIBIT TO ACCOMPANY BASBMBNT DESCRIPTION FOR SILVER STAR TELEPHONE COMP~ INC. W1THIN NW1I4NBV4 SBCIION 10 135N R119W LINCOLN COUNTY. WYOMING Co¡p¡rithl C> 2007 ~~ $orw OOr SdliIII>4oI L'It" All /1o IIÌI _ tNY .Jb.;R1œ'YOR SC7:I:BRB.HL. L "EXHIBIT'. ~ -~MM1~ C :;C:~~~ ~~~ :t'7J~./CfLW ':f~ ._,__._H~"þ~·""U...~..... indicates 0 Corner Record filed in the Office of the Clerk of Lincoln County. indicates 0 5/B' x 24" steel reinforcing rod with 0 2' aluminum cop inscribed. "SURVEYOR SCHERSEL L TO AFTON Wy PLS 5.568" lound this survey. indicates 0 t' iron pipe with or without o yellow plostic cop inscribed. 'PE/lS 698". found this survey. Indicates a 5/8" x 24- steel reinforcing rod with 0 2 aluminum cop Inscribed. "SURVEYOR SCHERBEL L TO AnON wy PlS 53613", sct this survey, indicotes a righl-ol-way line, indicates on easltment line. The Basis or Bearing for this survey is the east line of the NEff.4 of Section 10. TJ5N Rt19W. bein9 NOO'Oð 36"(.