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Home My WebLink About937153 000715 ALPINE MEADOWS UTILITY EASEMENT ALPINE JUNCTION, LLC, a Wyoming limited liability company (hereafter referred to as "Declarant") executes this ALPINE MEADOWS UTILITY EASEMENT (this "Declaration") as of this 20th day of February, 2008, RECITALS WHEREAS, Declarant is the developer of that certain real property in Lincoln County, Wyoming commonly known as Alpine Meadows Subdivision (collectively, the "Property") which is more particularly described on that Final Plat recorded in Lincoln County, Wyoming on August 23,2005 as Plat No, 206A, with receiving number 911176 (the "Plat"); WHEREAS, on October 6, 2006, Declarant filed that certain Amended and Restated Declaration of Covenants, Conditions and Restrictions for Alpine Meadows subdivision (the "Declaration") in the Office of the Clerk in Lincoln County, Wyoming in Book 636 of Photo, Page132 with receiving number 923138; and WHEREAS, pursuant to the terms of Section 12.2 of the Declaration, Declarant reserved the right to grant non-exclusive easements over the Property, or any portion thereof, as may be necessary, in its sole discretion, for the orderly development of the Property; and WHEREAS, Declarant desires to declare and establish in, under, over and across those portions of the Property specifically described as Road Lots and the Roadway System in the Declaration and as utility easements on the Plat (the "Easement Area") an express, non-exclusive utility easement appurtenant to and for the benefit of the Property and in favor of North Star Utility, Silver Star Communications, and Lower Valley Energy, and their respective successors and assigns (each, a "Utility Provider" and collectively, the "Utility Providers") according to the terms and conditions set forth herein. DECLARATIONS NOW, THEREFORE, Declarant hereby declares that the Easement Area and all portions thereof shall be held, sold, transferred, conv~yed and occupied subject to the covenants, conditions, restrictions, easements, uses, privileges, charges and liens hereafter set forth, all of which shall be binding on all parties having or acquiring any right, title and interest herein, or in the Easement Area or any portion thereof, and shall inure to the benefit of the Property and the Utility Providers: 1. Grant of Non-Exclusive Utilitv Easement. Declarant hereby declares and establishes for the benefit of the Property and in favor of the Utility Providers, and their respective heirs, successors, assigns, employees, agents, contractors, licensees, tenants and other invitees, a non-exclusive access and utility easement in, under, over and across the ~,asement Area (the "Utility Easement") for the purposes of constructing, operating, placing, maintaining, inspecting, protecting, repairing, altering, substituting, relocating, replacing and removing utility lines, together with such underground and aboveground appurtenances thereto, as the owners of the RECEIVED 2/25/2008 at 11 :21 AM RECEIVING # 937153 BOOK: 687 PAGE: 715 JEANNE WAGNER INCOLN COUNTY CLERK, KEMMERER, WY Alpine Meadows Utility Easement Declaration Page 1 of 3 000716 Property and the Utility Providers, and their respective successors and assigns, may ff/Jm time to time require (collectively, the "Lines"). 2. Improvement and Maintenance. The Lines shall be maintained by the respective Utility Provider responsible for the installation of the related utility, Mter the construction or repair of the Lines and also after any later operatif)n done or cause to be done which affects the Property or any part thereof, the Utility Provider responsible for such construction or repair shall promptly restore the surface grade affected thereby to the same condition it was prior to such operations, The access easement referenced in Section 1 above shall be for the benefit of the Utility Providers and its purpose shall be limited to the installation, improvement, repair and maintenance of the Lines, 3. Restrictions. The Utility Providers shall use the rights granted above, with due regard to the rights of others and their use thereof, and shall not use the Utility Ease~ent in any way that would impair the rights of the owners of any portion of the Property to the use of the same and shall not obstruct passage thereon. 4. No Men!er. This Declaration is intended to remain separate from the fee estate of Declarant in the Property and shall not merge therewith. 5. Construction. Any recitals in this Declaration are represented to be accurate and constitute a part of the Declaration. This Declaration 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 Declaration, the( defaulting party agrees to pay all costs incurred ror the non- defaulting party, including attorney's fees whether suit is brought or not. 7· Tenn. The easements, covenants, conditions and restricSonscont~ed in this Declaration shall be effective· ¿ommencing on the date of recordation of this Declaration in the Office of the County Clerk of Lincoln County, Wy,pming and shall remaip. in full force and effect thereafter in perpetuity, ' 8. No Assumption of Liabilitv. Declarant, by declaring and establishing the Utility Easement, does not assume any responsibilities. or liabilities with respect thereto, nor shall Declarant 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, 9. Bindine Effect~ Real Covenants. This Declaration shall be binding on the Easement Area and the owners of the Easement Area and their respective heirs, successors and assigns. All covenants, conditions, easements, rights, benefits and privileges grant~d, created, reserved or declared by this Declaration shall be covenants appurtenant, running with the land and shall at all times inure to the benefit of the Property, the Utility Providers and the owners of any of the Property. An owner, by acceptance of a deed conveying title to the Property or any portion thereof, or the execution of a contract for the purchase thereof, or the acceptance of a license or lease therefore, or the. ~aking possession thereof,. whether from Declarant or another owner or lessee, shall for himself, his Sl:í,.cessor and assigns, be deemed to accept such deed, contract, lease, license or possession upon a.'2d subject to each and all of-the provisions of this Declaration, whether or not any reference to this Declaration is contained in the instrument by which such owner or other :. " Alpine Meadows Utility Easement Declaration Page 2 of 3 : I ",' , . .' .û0071.7 , II person acquired said interest. Declarant expressly intends to and by the recording of this Declaration in the Office of the County Clerk of Lincoln County, Wyoming, does hereby subject the Property to the provisions of this Declaràtion.· . 10. Severability, In case anyone or more of the provisions contained in this Declaration 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 Declaration shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein, day of të!o ru IJ.n.¡ ,2008. DATED this z.o DECLARANT: Alpine Junction, LLC, a Wyoming limited liability company By: Meridian Group, Inc" Its manager STATE OF WYOMING ') .. )ss ) COUNTY OF TETON On this 20th day of February, 2008, before me personally appeared Michael T, Halp~, Vice President of Meridian Group, Inc" the manager of Alpine Junction, LLC, 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. ~LISA MAADDì:EFê>RD. NOTARY PUBLIC County of State of Teton Wyoming My Commission F.xpires September 12, ~ -- l.íFft tv\ PMtÁ k-fud Notary Public My commission expires: oq.l'l·1.OO~ My commission expires: .. Alpine Meadows Utility Easement Declaration Page 3 of3