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Home My WebLink About946303 RECEIVED 4/3/2009 at 11 :28 AM RECEIVING # 946303 BOOK: 719 PAGE: 508 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WELL AND ACCESS EASEMENT AGREEMENT ûOú508 THIS WELL AND ACCESS EASEMENT AGREEMENT (this "Agreement") is made and entered into this 26th day of March, 2009, by and between Alpine 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 well and access 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 NOll 00 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, a non- exclusive access and well easement in, under, over and across that portion of the Grantor Property specifically described on Exhibit A attached hereto (the "Easement") for the purposes of (i) constructing, operating, placing, maintaining, inspecting, protecting, repairing, altering, substituting, relocating, replacing and removing a production water well; (ii) constructing, operating, placing, maintaining, inspecting, protecting, repairing, altering, substituting, relocating, replacing and removing an additional production water well pursuant to the reserved right of Grantee set forth in Section 8 of that certain Amendment to Agreements for Water and Sewer Service entered into by and between Grantor and Grantee and dated February 11, 2009; and (iii) constructing, operating, placing, maintaining, inspecting, protecting, repairing, altering, substituting, relocating, replacing and removing such other underground and aboveground appurtenances thereto Access and Well Easement Agreement Page I of7 00&509 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 "NSU Wells"). 2. Installation. Improvement and Maintenance. Grantor further grants to Grantee and its successors, assigns, employees, agents and contractors, 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 NSU Wells. After the installation, construction or repair of the NSU Wells 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. Grantor agrees that all improvements and other facilities installed on or under the Grantor Property shall remain the property of Grantee removable at the sole discretion of the Grantee at the Grantee's expense. 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 Easement, provided such use does not unreasonably impair, interfere with or obstruct the use of the Easement by Grantee. The Grantor further reserves unto itselt~ its successors and assigns, the right to grant additional easements in, under, over and across the Easement and the Grantor Propeliy 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 Easement by Grantee. 4. Restriction and Maintenance Costs. The costs of the installation, maintenance, repair and replacement of the NSU Wells 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 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 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 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 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 Well and Access Easement Agreement Page 2 on 000510 interest in the Grantor Property, or any part thereof. This Agreement shall be binding on the parties hereto, their successors and assigns. 8. 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 San Luis Obispo, California 93406 805-233-6644 (fax) If to Grantee: North Star Utility P.O. Box 610 330 N. Glenwood Jackson, Wyoming 83001 307-739-0619 (fax) 9. Severabilitv. 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. 10. Entire Agreement~ 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. 11. Counterparts. This Agreement may be executed in any number of counterpalis and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. 12. Warranties. Grantor makes no representations or walTanties, express or implied, in connection with this grant and the Easement, whether of title, fitness of use, condition, purpose, or of any other nature. Notwithstanding the foregoing, Grantor Well and Access Easement Agreement Page 3 of7 00651.1. represents and warrants that Grantor has the authority to grant the Easement contained herein. DATED this JÇ¡ day of ÂPJ<.J L ,2009. GRANTOR: Alpine Development Group, LLC, a Wyoming limited liability company Covelop, Inc., Its Manager .. J / A)7);rJ GRANTEE: North Star Utility, a Wyoming public utility company By: Name: Title: ( I'" (ACKNOWLEDGEMENTS ON FOLLOWING PAGE) Well and Access Easement Agreement Page40f7 STATE OF WYOMING ) )ss ) 00&51.2 COUNTY OF .TETON On this 1Jr'\rJ. day of Æpv\ \ , 2009,' before me personally appeared MIl~ T· (-\tt{ptvL . , 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 M. PADDLEFORD . NOTARY PUBLIC County of State of Teton Wyoming My Commission Expires September 12, J.:òl1.. ^^'''''''''-~''''~~~'"''' ~ M J ftWtttfovz{ Notary Public My commission expires: O~'(1.· 20(µ STATE OF Ca\ t-ßr ^ LC",- COUNTY OF ~¡¡fz¡ ~(IzW\) ·I~í LL", " \ On this day of r I ríl 2009, before me personally appeared Brø.d Ver tÎ-() ("\ , 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. ) )ss WITNESS my hand and official seal. ~ ~ -. .oL -- -- c~~ ;. ~;L~ --I . CommlUlon /I 1631338 ï Notary Public· CaUfornla ~ j Santa Barbaro County ~ _ _ _ ~¡~:..~~1~2~ ,1#1IIftj ~, Notary Public My commission expires: D.e.a.... l ß ,1-CC1ì Well and Access Easement Agreement Page 5 of7 EXHIBIT A 00&5:13 Well and Access Easement Agreement Page 6 of7 EXHIBIT "A" Legal Description of Well and Access Easements located within Lot 31 Snake River .Junction 2nd Filing. a subdivision being part of S y, Section 20 T37N, RIISW, 6TH P.M. Lincoln County. Wyoming A circular Well Easement, forty (40.00) feet in diametcr. located within the Snake River Junction 2'1(1 Filing. a subdivision of record in the Ofticc of the Clerk of Lincoln County. Wyoming, the radius point of said easement bears N 36°17'36"W, 108.61 feet tì'om the casternmost corner of said Lot 31 where is tound a 5/8" diameter rebaI' with a 2" diameter aluminum cap inscribed SURVEYOR SCHERBEL L TD PLS 164 2001; Said Well Easement ENCOMPASSES an area of 0.03 acres, more or less AND A twenty (20.00) foot wide access easement across said Lot 3 I more pat1icularly described by metes and bounds as jÌ)llows; BEGINNING at the southernmost corner of Road Lot 10 aka Blue Wing Lane where is tì.)und a 5/S" diameter rebaI' and aluminum cap inscribed PELS 2612; THENCE along the south line of said Lot I 0 which is common to said Lot 31. N 49°41'09"E. 42.66 feet; THENCE along an east line of said Lot I 0 which is common to said Lo! 31. N 19°51'44"W. 5.16 feet; THENCE N 70°08' 1 6"E. 56.13 feet to a point on the perimeter of the above described circular well easement; THENCE along said perimeter tì.)llowing a non-tangent circular curve to the left in a south-westerly direction, 31.42 feet. through a central angle of90000'OO'', said curve being subtended by a chord that bears S 25°08'16"W, 28.28 feet; THENCE S 7000S'16"W, 76.13 feel to the POINT OF BEGINNING. Said Access Easement ENCOMPASSES an area of 0.03 acres, more or less. All as shown on the attached exhibit. Todd CedarllOlm WJ'oming PLS No. 6-/-/7 On Sight Land SlIr,.eJ'0r.f. IlIc. Jackson. JIlt' 0: /2 r /2-3'7-/8-20-3 IYon/ ¡.('ft.,,!.\' s("lrel' eaxelJll.'t1J.\" Sl1ukeUi"('J:IIfIJC/;Ol1 Well ('lIJe 3-IS-09.do(' 3 18 }()(J') üOv5:14 LOT 26 LOT 27 LOT 28 86.92' . 9" £ 72' 181 '16' e: Ñ 10'08, u:. 1'1 56.13,¡j" - ~ r~l(\Š> , 10'0 13' CIiORO: '. S 16. S 25'08'16" IV -Z-', 28.28' ~'. .....0 ':"~'. d' -. 20' WIDE LOT 31d'/~:'" ACCESS EASEMENT (0.03 AC) oN SIGHT I ';:Ûó5:15 LAND SURVEYORS SCALE: 1" '" 50' (LEGAL -SIZE SHEET) 40' DIAMETER WELL EASEMENT (0.03 AC) /£G£ND ßi 0 INDICATES A 5/8 INCH DIAMETER STEEL REBAR fOo,· WITH AN ALUMINUM CAP INSCRIBED ''pLS 164" ~ ~ FOUND THIS SURVEY ,..~' ,~':J ' ~Cj S . INDICATES A 5/8 INCH DIAMETER STEEL REBAR WITH AN ALUMINUM CAP INSCRIBED ''pE&LS 2612" FOUND THIS SURVEY ------------.---...------ LOT LINE ---------EASEMENT -'----- EXHIBIT SHOWING WELL EASEMENT '" ACCESS EASEMENT ACROSS PART OF LOT 31 SNAKE RIVER JUNCTION 2ND FILING BEING PART OF S 1/2 SECTION 20 T37N, R118W, 6TH P.M, LINCOLN COUNTY. WYOMING 9 S· h 265 North Glenwood ~ r.D. Box 12290 nIt Jackson. WY 83002 LAND SURVEY ,INC. (307) 73H 131 Project No. 12-J7-18-20-3 WIlII-fQSC_OJ1809.dl'tf} OJ/18/09