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Home My WebLink About936010 RECEIVED 11 at 9:47 AM RECEIVING # 936010 BOOK: 683 PAGE: 5 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER WY UTILITY EASEMENT AGREEMENT ,~jl 000005 ~HIS ~TILITY ~ASEMENT A~~M~J (this "Agreement") is made ~d entered mto thIS l (/ 1''''- day of N~r, 2007, by and between Alpme Development Group, 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"); WHEREAS, Grantor 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 that portion of the Grantor Property specifically described on Exhibit B attached hereto (the "Utility Easement") for the purposes of constructing, operating, placing, maintaining, inspecting, protecting, repairing, altering, substituting, relocating, replacing and removing utilities, including but not limited to water, electric, telephone, cable television and propane and natural gas, and such other 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 (collectively, the "Utilities"). Utility Easement Agreement Snake River Junction Subdivision Page 1 of7 OOOOÒ6 2. Installation. Imorovement and Maintenance. Grantor further grants to Grantee and its successors, assigns, employees, agents and contractors, specifically including Lower Valley Energy, 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 Utilities. After the installation, construction or repair of the Utilities 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. 4. Restriction and Maintenance Costs. 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 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. 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. Utility Easement Agreement Snake River Junction Subdivision Page 2 of7 000007 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 Utilities contemplated herein. Grantee shall indemnify, save and hold Grantor, its successors and ¡lssigns, harmless from any loss, claim or liability arising out of, or attributable to, Grantee's use, maintenance (or lack thereof) 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 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 Development Group, LLC P.O. Box 12910 [Physical address 1 San Luis Obispo, California 93401 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 Å2reement: 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. Utility Easement Agreement Snake River Junction SubdivisionsPage 3 of7 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. 000008 DATED as of the date first set forth above. GRANTOR: Alpine Development Group, LLC, a Wyoming limited liability company By: Mavis and Vernon Properties, Inc., d.b.a. Covelop, Inc., a California corporation, its Manager ~¿\/'-- Name: 1S;RA~1. G V£ft.~ Title: ""Se.,<:.-~·tA~'f GRANTEE: North Star Utility, ::Y~lity company Name: \~ ¡.¡.. II. Title: "" -'If ~ (ACKNOWLEDGEMENTS ON FOLLOWING PAGE) Utility Easement Agreement Snake River Junction Subdivision Page 4 of7 STATE OF WYOMn.q:Q C1;\-L.-IFö"~¡..J IA- ) )ss COUNTY OF ,T-ETON S/4-IV l.ll1S ()6~h) 000009 On this \ ~ 'it\.. day of DeLE/)\. e) e1e.. , 2007, before me personally appeared "'BQ.A-O Ley Ó'. VE'R-AJ610 , personally known to me, or proved to me on the hasis 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. ~~.A.'-"'-"""""'-"__ -..--.-...-.........( Ó M. T. MARTIN ., ,n COMM. #1749796 ~, ~ NOTARY PUBLIC· CAUFORNIA ~j . IIC SAN LUIS OBISPO COUNTY 0 COMM. EXPIRES JUNE 19,2011 '" STATE OF ¿Jr/~Ü COUNTY OF ---¡: ~ ) )ss ) On this ~I~J.-day of~ca..~ , 2007, before me personally appeared me ~11..( L L -r-I eJLp~ , 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. WTINESS my hand and official seal'(l ~ .s _ J "--~ ~ ~ary PublIc My commission expires: 7/.a I/O ~ JULÈ s, FMPPART - NQTARY PUBUO -:C: ØI Ift\. ' -. of ,'III Wwoming t I 2001, Utility Easement Agreement Snake River Junction Subdivision Page 5 of7 EXHIBIT A [Legal Description of Grantor Property] 00001.0 Lots 26, 27 and 31 of Snake River Junction Second Filing, a subdivision of record in the Office of the Clerk of Lincoln County, Wyoming as Plat No. 932576, which has a receiving date of August 29,2007 and receiving number of 932576, said subdivision being part of the S1/2 Section 20 and the N1/2 Section 29, T37N, R118W, 6th P.M., Lincoln County, Wyoming Utility Easement Agreement Snake River Junction Subdivision Page 6 of7 11 EXHmIT B [Legal Description of Easement] 00001.:1 A 20' wide easement across Lots 26, 27 and 31 of Snake River Junction Second Filing, a subdivision of record in the Office of the Clerk of Lincoln County, Wyoming as Plat No. 932576, which has a receiving date of August 29,2007 and receiving number of 932576, said subdivision being part of the S1/2 Section 20 and the N1/2 Section 29, T37N, Rl18W, 6th P.M., Lincoln County, Wyoming, said easement being more particularly described as follows; BEGINNING at the northeast corner of said Lot 26; THENCE along the east boundary line of said Lot 26 S19°51'45"E, 90.41 feet to the southeast corner of said Lot 26; THENCE continuing S19°51'45"E, 143.00 feet along the east boundary line of said Lot 27 to the southeast corner of said Lot 27; THENCE continuing S19°51'45"E, 74.19 feet along the east boundary line of said Lot 31; THENCE departing said east boundary line of Lot 31 S70008'15''W, 20.00 feet; THENCE N19°51'45"W, 74.95 feet to an intersection with the south boundary line of said Lot 27; THENCE continuing N19°51'45"W, 143.00 feet to an intersection with the north boundary line of said Lot 27; THENCE continuing N19°51'45"W, 91.15 feet to an intersection with the north boundary line of said Lot 26; THENCE along the said north boundary line of Lot 26 N74°24'03"E, 20.06 feet to to the POINT OF BEGINNING; Utility Easement Agreement Snake River Junction Subdivision Page 7 of7