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HomeMy WebLinkAbout942910 UTILITY EASEMENT DEED c,Oô1.86 Chevron Mining Inc., a Missouri corporation, having an address of 116 Inverness Dr. East, Suite 207, Englewood, CO 80112, ("Grantor"), does hereby convey without warranty to the City of Kemmerer, a municipal corporation of the State of Wyoming, ("Grantee"),having an address of220 Wyoming Highway 233, Kemmerer, Wyoming 83101-9700 for $1.00 and other valuable consideration, receipt of which is hereby acknowledged, a utility easement described in Exhibit A (the "Easement") 15.00 feet in width to lay, maintain, operate, repair, inspect, protect, remove and replace telephone, electrical power, and water lines (the "Utilities") for the benefit of the City of Kemmerer Training and Events Center ("Facility")" across the following-described land ("Premises") : The NW1I4SW1I4 of Section 12 and part of Tract 71, T. 21 N., R. 116 W., of the 6th P.M. Lincoln County, Wyoming TO HAVE AND TO HOLD the Easement unto Grantee, its successors and assigns, so long as the Facility shall be maintained, with the right of access to the Premises to maintain, operate, repair, inspect, protect, remove and replace the Utilities benefitting the Facility Grantee shall defend and indemnify Grantor, its lessees, its successors and assigns from and against any and all losses, damages, claims, suits or actions, penalties, assessments, judgments and costs which may arise or grow out of any injury to or death of any person or persons, or damage or trespass to any property whether real or personal, or any other suit, action or proceeding of whatsoever kind or nature whether civil, criminal or administrative, caused, resulting from or in any manner connected with the construction, installation, inspection, repair, replacement, removal, maintenance, operation, or existence of the Utilities whether conducted by Grantee or its contractors, licensees, agents, servants, employees, successors or assigns. Grantee shall not be liable for any actions resulting from the gross negligence or willful misconduct of Grantor, its lessees, its successors and assigns. The Easement shall be binding upon and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of Grantee, and may be assigned in whole or in part by Grantee. IN WITNESS WHEREOF, Grantor has caused its corporate name and seal to be hereunto affixed this ~ day of f;Þr}tMðGfl-, 2008. RECEIVED 10/16/2008 at 9:45 AM RECEIVING # 942910 BOOK: 707 PAGE: 186 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY ey-in-Fact rp L City Access Easement 9/17/08 Page 1 STATE OF COLORADO ) ) SS. ARAPAHOE COUNTY ) COô1.S7 I, the undersigned, a notary public in and for Arap oe County, Colorado, hereby certify that James A. Tarazoff, whose name as Attorney-in-F ct of Chevron Mining Inc., a Missouri corporation, is signed to the foregoing instrume t, and who is known to me, acknowledged before me on this day that, being informed 0 the contents of the instrument, he, as such officer and with full authority, executed the inst ent voluntarily for and as the act of the corporation on the day it is dated. Given under my hand this a5~ay of My commission expires: 07/';;'/ /,:).Cl)q I City Access Easement 9/17/08 My Commission Expires 07/21/2009 Page 2 EXHIBIT A OOö18S City of Kemmerer-North Civic Center Utility Easement An easement for utilities across a portion ofNW y.¡ SW y.¡ of Section 12 and part of Tract 71 all ofthe resurvey ofT. 21 N., R. 116 W., of the 6th P.M. Lincoln County, Wyoming. The easement being bounded on the south side by the north boundary line of the City of Kemmerer, Kominsky Ball Field Parcel as described and recorded in book 216 PR on page 255 on file in the Lincoln County Clerk's Office and bounded on its west side by the east boundary of that portion of Lincoln County Road 12-330 know as Colonial Street and bounded on its east side by the presently existing west right of way boundary of Wyoming State Highway 233. The north boundary of said easement being offset 80.00 feet and parallel to the north boundary line of said Kominsky Ball Field Parcel. Said easement being more particularly described as follows: Beginning at the northwest corner of the City of Kemmerer, Kominsky Ball Field Parcel where is found a rebar with 2" diameter aluminum cap stamped "CCI, PELS 5465"; Thence N 89° 06' 14" E, 223.64 feet (N 89° 25' 36"E, 223.58 feet record) along the north boundary line of said Kominsky Ball Field Parcel to its intersection with the west right of way boundary of Wyoming State Highway 233. Said point being a point on a curve to the left of said highway right of way boundary and being monumented with a rebar with 2" diameter aluminum cap stamped "CCI, PELS 5465"; Thence 80.84 feet along the arc of said curve to the left of said westerly right of way boundary to a point. Said curve to the left having a radius of 1482.39 feet, a central angle of 3° 07' 29" and a chord of 80.83 feet which bears N 9° 07' 56"W.. Thence S 89° 06' 14" W along a line offset 80.00 feet and parallel to the northerly boundary line of said Kominsky Ball Field Parcel, 212.06 feet to a point; Thence N 58° 35' 16"W, 25.48 feet to the northeasterly most corner ofthat portion of Lincoln County Road 12-330 known as Colonial Street where is found a rebar with 2" aluminum cap stamped "Borah, LS 2616". Said point also being a point on a curve to the left. Thence 60.34 feet along the arc of said curve to the left to a point being the northeasterly most corner of the easterly boundary of said Colonial Street where is found a 5/8" diameter rebar. Said curve to the left having a radius of 115.00 feet, a central angle of 30° 03' 54" and a chord of 59.65 feet which bears S 35° 26' 59" E; Thence S 52° 12' 11 "w, 15.15 feet along the easterly boundary of said Colonial Street to an angle point where is found a 5/8" diameter rebar; Thence S 0° 35' 57"E along said easterly boundary of Colonial Street, 35.39 feet to the point of beginning. City Access Easement 9/17/08 Page 3