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RECEIVED 6/11/2008 at 9:27 AM
RECEIVING # 939682
BOOK: 696 PAGE: 801
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Warranty Deed
QOQs01.
The TOWN OF AFT ON, a Wyoming municipal corporation, for and in consideration of
TEN DOLLARS ($10.00) and other valuable consideration, in hand paid, receipt of
which is hereby acknowledged, CONVEYS AND WARRANTS to, LOWER VALLEY
ENERGY, INC., a Wyoming cooperative utility, Grantee, its successors and assigns, all
of the Grantor's interest in that certain real estate, including improvements located in the
County of Lincoln, State of Wyoming, more particularly described in Exhibit A attached
and by this reference here incorporated (referred to as the "Premises").
This conveyance is subject to all easements, restrictions, reservations,
encumbrances, and other matter of record as of the date hereof.
To have and hold the Premises, together with all and any ofthe rights and
appurtenances belonging or in anyway relating to the use or benefit of the Grantee, its
successors and assigns forev~r,
IN WITNESS WHEREOF, Grantor has executed and delivered this instrument
on the ~ day of May, 2008.
GRANTOR:
TOWN OF AFTON, WYOMING
~L~
By: Alan Stauffer, Mayor
TOWN OF AFT ON, WYOMING
THE STATE OF WYOMING
)
) SS.
)
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by Alan Stauffer, Mayor
of the Town of Afton, Wyoming, who personally appeared before me this p. Î day of
May, 2008.
County of
Lincoln
State of
Wyoming
\-\Qrt~~ U.)~
NOTARY PUBLIC
My Commission Expires December 15, 2010
My Commission Expires:
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EXHIBIT A
000802
0.6 acres of land on which.the Lower Swift Creek
Hydroelectric Project is located, more particularly described as
follows:
COMMENCING at a point S 72°0' E, 482 feet from the Northwest
Corner of the NE~SE~ of Section 30, T 32 N, R 118 W, 6th
P.M., Lincoln County, Wyoming, which point is the centerline
of the Swift Creek Canyon Road and Swift Creek, and running
thence S 46°47' E, 176 feet, more or less, along the
centerline of said Swift Creek Canyon Road, to the
intersection of the centerline of the Swift Creek Canyon
Road with the Centerline of the Frank Brog access road,
thence, along the centerline of the Frank Brog access road,
S 24° E, 115 feet, thence S 13° W 50 feet, more or less, to
the intersection of the centerline of said Frank Brag access
road with the centerline of Swift Creek, thence, along the
centerline of Swift Cre~k, N 61°25' W, 197 feet, thence N
5°25' E, 185 feet, more or less, to the point of beginning,
being a tract bounded by the centerline of Swift Creek on
the South, the centerline of the Swift Creek Canyon Road on
the North, and the Centerline of the Frank Brag access road
on the East, situated in the NE~SE~ of Section 3D, T 32 N, R
118 W, 6th P.M., Lincoln County, Wyoming, consisting of 0.6
acres, more pr less.
TOGETHER :WITH water rights associated therewith and
improvements located thexeon and the righ:t of ingress and
egress over, across and along said Frank Brag access road
for access to grantee's property along the East boundary
thereof,· and
TOGETHER WITH all of grantor's rights in the plant building,
including addition, tailrace, bridge, and the dam (with
associated diversion equipment), and appurtenant water
rights (Permit #6850 ENL and associated water rights as
described in Exhibit 2 of the Sales Agreement of 31 August
1984, between Lower Valley Power & Light, Inc. and Swift
Creek Power Company, Inc., said·Exhibit 2, by this
reference, being made a part hereof), and grantor's rights
in U.S. Forest Service permits and rights of way associated
with the Upper Swift Creek Hydroelectric Plant¡ and
grantor's rights in the dam (and associated diversion
equipment), appurtenant water rights (Permit #6747 ENL and
associated water rights as described in Exhibit 3 of the
Sales Agreement of 31 August 1984, between Lower Valley
Power & Light, Inc. and Swift Creek Power Company, Inc.,
said Exhibit 3, by this reference, being made a part
hereof), and grantor's rights in the U.S. Forest Service
permits and rights of way associated with the Lower Swift
Creek Hydroelectric Project, and including all rights of the
000803
grantor in and to the 20-foot wide Pipeline Right~pf-Way
Easement described in Exhibit 6 (Property for Lower Plant)
of the Sales Agreement dated 31 August 1984 (a photocopy of
which is attached hereto and by this reference made a part
hereof), the centerline of said 20-foot wide Pipeline Right-
of-Way Easement being more particularly described as
follows, to-wit:
BEGINNING at a point on the centerline of the Brog access
road, said point being in the Southeast Quarter of Section
3D, T 32 N, R 118 W, 6th P.M., Wyoming, and S 24°06' E, a
distance of 68 feet from the intersection of the said
centerline of the Brog access road with the centerline ó£
·the Swift Creek Canyon road; and running thence S 58°19' E,
263 feet; thence S 51°38' E, 163 feet; thence S 39°38' E,
309 feet; thence S 39°16' E~ 193 feet; thence S 40°01' E, 99
feet, more or less, to a final point on the East boundary
line of Section 30 and the U.S. Forest boundary, said final
point being approximately 980 feet South along the section
line from the East Quarter-corner of said Section 30.
SUBJECT TO all easements, exceptions, restrictions and
rights of way of sight or record and including all
improvements thereto, including but not limited to the
following:
_.Upper Swift Creek Hydroelectric Plant:
1. Plant building, including addition, tailrace, and
bridge;
2. Thirty-six inch (3611) diameter penstock approximately
7,000 feet in length, together with two surge tanks;
3. Dam with associated diversion equipment;
4. Appurtenant water rights (No. 6748 ENL); and
5. All related rights-of-way and permits.
Lower Swift Creek Hydroelectric Prolect:
1. Appurtenant water rights (No. 6747 ENL); and
2. All related rights-of-way and permits.