HomeMy WebLinkAbout948522RECEIVED 7/24/2009 at 11:4
RECEIVING # 948522
BOOK: 728 PAGE: 267
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
TEMPORARY CONSTRUCTION
EASEMENT AGREEMENT 60V0`267
THIS "TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this
"Agreement'") is made and entered into this 15`x' day 017.411y, 2009, by and between Alpine
Development Group, L.1-C., a Wye?ming 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
are commonly known as Lots 26, 27 and 31 of the Snake River Junction Subdivision,
Second Filing, as such property is more particularly described on that plat map recorded
with the Lincoln County Clerk's Office, Lincoln County, Wyoming as document number
932576 on August 29, 2007 which map is incorporated herein by this reference (the
`:Grantor Property"),
WHEREAS, Grantor desires to grant to Grantee, an express, non-exclusive temporary
construction 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 until the term of this Agreement
expires.
AGREEMENTS
NOW, THEREFORE, for and in consideration of the foregoing recitals, the sum of TEN
AND NO/100 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 temporary construction easement in, under, over and across that portion of the
Grantor Property specifically described on Exhibit A attached hereto (the "Temporary
Easement") for the purposes of accommodating construction traffic related to and in
Conjunction with Grantee's drilling ofa well and constructing other utilities on Grantor's
property as contemplated in those certain easements recorded with the Lincoln County,
Wyoming Clerk's Office on January 4. 2005 with recording number 936010 and on April
3, 2009 with recording number 946303.
Temporary C'MISt ncUOn I:ascinent Agreement
Page I
AI
000268
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 during the term of
this Agreement. Grantee shall promptly restore the surface grade affected by any of the
Grantee's actions hereunder 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 Temporary Easement, provided such use does not unreasonably impair,
interfere with or obstruct the use of the Temporary 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 Temporary 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
Temporary Easement by Grantee.
4. Restriction and Maintenance Costs. The costs of any work conducted
by Grantee within or related to this Temporary Easement shall be at the sole obligation
and expense of Grantee.
5. Survival; Term of Agreement; Construction. This Agreement shall
survive the execution of the delivery and recordation of the Temporary Easement which
is described herein, and shall remain and continue in full force and effect for a period of
one hundred and twenty (120) days from the date first set forth above. After such date,
this Agreement shall be considered vacated, void and of no further force or 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 ofthe State of Wyoming. Venue for any dispute hereunder 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. T'he Temporary Easement shall be "in gross'", and shall
inure to the benefit of the Grantee, and Grantee's successors, legal representatives and
assigns, during the term that this Agreement is in effect. The Grantor Property shall be
the property burdened by the Temporary 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 Temporary 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, during the effective term of this Agreement. This
Agreement shall be binding on the parties hereto, their successors and assigns.
Temporary Construction Easement ncreement
Page 2 o f 6
CSC
~i~
G 0V269
8. No Assumption of Liability. Grantor, by granting the Temporary
Easement, does not assume any responsibilities or liabilities with respect thereto, nor
shall Grantor at any time incur any liability for tallul'e to comply with any law, ordinance,
regulation or order with respect to the Temporary Easement contemplated herein.
Grantee shall indemnify, save and hold Grantor, its successors and assigns, harmless from
any loss, claim or liability arising out oi; or attributable to, Grantee's use, maintenance (or
lack thereof) and occupation of the Temporary 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
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
307-7 39-0619 (fax)
10. Severability. In case any one 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 Atreement; 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 deenned to be an original
instrument, but all such counterparts together shall constitute but one Agreement.
'T'emporary COnstructlon Easement Agreement
Pace 3 of6
~s~
V-0V2'70
13. Warranties. Grantor makes no representations or warranties, express or
implied, in connection with this grant and the Temporary 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 Temporary Easement
contained herein.
DATED to be effective as of the date first set forth above.
GRANTOR:
Alpine Development Group, LLC,
a Wyoming limited liability company
Covelop, Inc.,
Its Manager
Name:~~~~^^ IZ" y'./
Title: -5~-<-RC--T-A X.
GRANTEE:
North Star Utility,
a Wyoming public utility company
By: ? , -
Name: S: 0 5-s-s ~y_
Tit
(ACKNOWLEDGEMENTS ON FOLLOWING PAGE)
funporar) C'011SU'LIC6011 basement Agreement
Page 4 cif (i
0002'71
STATE OF WYOMING )
)ss
COUNTY OF TETON )
On this Z day of NJ 2009, before me personally
appeared ' 8055 personally known to me, or proved to me on
the basis of sa isfactory 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.
=PADDLEFORD RY PUSLIState of
er 12, Z0 t ~5a M,• pamvfio
yoming
Notary Public
My commission expires: q• iZ 2oIZ
STATE OF CALIFORNIA
COUNTY OF
)Ss
On this day of 2009, before me personally
appeared personally known to me, or proved to me
on the basis of satisfactory evi e • to be the person whose name is subscribed within
this instrument and acknowledged to i that he executed the same in his authorized
capacity, and that by his signature on this instrt ent, the entities upon behalf of which the
person acted executed this instrument.
WITNESS my hand and official seal.
Notary Public
My commission expires:
l emhoran' C MIStruclion Easement Agreement
Pa-c 5 of6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of &,z bc,c e,
e.0V` 2'72
On 51` I a o before me,ti_~-~'.,~ L_
Date Herre r sort Name and T of the Officer
personally appeared 154.c.ON V(_cn o
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
AUSTIN PETTY
Commission # 1764696
Notary Public - California
Santa Barbara County ttlq/C*,mn 6opirtMg30, 2011
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature L
Sig ature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: 'C.,r- c.c~, r,s-I'rr+ 4 • v' _5<>`c Pc°~c`u
Document Date: Jv ~~a , " Ot~r't Number of Pages:
Signer(s) Other Than Named Above: 5~ <tr N~rr1 c lt'ct 1,~~,
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer -Title(s):
_
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
N Other: , Co"\op,1ni-
Signer Is Representing:
Top of thumb here
Signer's Name:
❑ Individual
❑ Corporate Officer - Title(s): _
❑ Partner - ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT A
[Description of Temporary Easement] C"Ov" 2'73
Temporary Cunstructiom Easement Agreement
faze 6 of 6
LOT 12 I C®V274
I LOT 11 1
LOT 25
LOT 26
INTERNAL LOT LINE
SNAKE RIVER JUNCTION
SUBDIVISION LOT 10
(ROAD LOT)
PROPOSED PORARY-
CONSTRUCTION SEMENT
LOT 28 LOT 27
LOT 3
Flying Saddle
I I Subdivision
PROPOSED TEMPORARY
CONSTRUCTION EASEMENT
%I LOT 26
~
,
I
I
7
EXISTING 20' PERMANENT
4-
7
NSU UTILITY EASEMENT
i,
1 ~
LOT 2711
I
EXTERNAL SUBDIVISION
1
BOUNDARY - SNAKE
I; 40
I RIVER JUNCTION
1 :I
SUBDIVISION
:I
LOT 4
Fl
i
S
ddl
y
ng
a
e
Subdivision
GRAPHIC SCALE
50 0 25 50 100
LOT LINE OF
ADJACENT
PROPERTIES
EXHIBIT A:
( W FEET ) Proposed Temporary Construction
1 inch = 50 rt. Easement Across Lots 26, 27, and 31
of the Snake River Junction
Subdivision