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Home My WebLink About951283UTILITY EASEMENT AGREEMENT (Alpine Meadows Lot 172) RECITALS. RECEIVED 12/28/200 11 AM RECEIVING 951283 BOOK: 739 PAGE: 2 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY THIS UTILITY EASEMENT AGREEMENT (this "Agreement is made and entered into this 22M day of 2009, by and between Alpine Junction 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 WHEREAS, Grantor owns that certain real property in Lincoln County, Wyoming legally described as Lot 172 of Alpine Meadows Subdivision, as shown on the office plat thereof filed August 23, 2005, as Receiving No. 911176, in the Office of the Clerk, Lincoln County, Wyoming, as Plat No. 206 -A (the "Grantor Property WHEREAS, Grantor, as Grantor and as Founder as that term is defined in the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Alpine Meadows Subdivision, Lincoln County, Wyoming, desires to grant to Grantee, an express, non exclusive utility 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 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 and its successors and assigns, a non exclusive utility easement in, under, over and across that portion of the Grantor Property specifically described on Exhibit A and shown on Exhibit B attached hereto (the "Utility Easement for the purposes of locating, constructing, operating, maintaining, inspecting, protecting, repairing, altering, substituting, relocating, replacing and removing a septic drain field, and such other underground waste water treatment facilities and necessary appurtenances thereto, 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 "Utilities 2. 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 Utility Easement, provided such use does not unreasonably impair, interfere with or obstruct the use of the Utility Easement by Grantee or its successors and assigns. The Grantor further reserves unto itself, its successors and assigns, the right to grant additional easements in, under, over and across the Utility 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 Utility Easement by Grantee or its successors and assigns. Notwithstanding the foregoing, Grantor agrees that it, or any other grantee of an easement within the Utility Easement contemplated herein, shall obtain the approval of Grantee prior to the commencement of the construction of any improvements within the Utility Easement, and such approval shall not be unreasonably withheld by Grantee. Utility Easement Agreement (Alpine Junction LLC cmd North Star Utility Lot 172) Pimp 1 of 4 4. Restriction and Maintenance Costs. Grantee, or its agents, shall bury the Utilities. The costs of the installation, maintenance, repair and replacement of the Utilities 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 Utility 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 Utility Easement shall be "in gross and shall inure to the benefit of the Grantee, and Grantee's successors, legal representatives and assigns, forever. Grantor hereby declares that the Grantor Property shall be owned, sold, conveyed, encumbered, leased, used, occupied and developed subject to the Utility 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. This Agreement shall be binding on the parties hereto, their successors and assigns. 8. No Assumption of Liability. Grantor, by granting the Utility Easement, does not assume any responsibilities or liabilities with respect thereto, nor shall Grantor 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. Grantee shall indemnify, save and hold Grantor, its successors and assigns, harmless from any loss, claim or liability arising out of, or attributable to, Grantee's use, maintenance (or lack thereof) and occupation of the Utility 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: If to Grantee: Alpine Junction, LLC P.O. Box 610 Jackson, Wyoming 83001 North Star Utility P.O. Box 610 Jackson, Wyoming 83001 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 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 Utility Easement Agreement Page of 4 0 CY.. 003 00C4004 except by an instrument irk writing, signed by the party against whom the enforcement of such.waiyer modi'fieatioy,,; amnendment discharge, or termination is sought, and then only to :the_extent set forth in such instritiriebt: 12: ht� p rts, This Agreement may be 'executed in any number of counterparts ane e cl such co_onterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall. constitute but one Agreement. 13. Warrantis. Grantor makes' Rio representations or warranties, express or implied, in connection with this'gnant and.th Utility 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 Utility Easement contained herein. DATED this Z day of WOW' G+ 2009. GRANTOR: STATE OF WYOMING COUNTY OF TETON On this 2-1 day of 1) a"'k 2009, before me personally appeared Michael T. Halpin, 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. S, Me 1,,A17,0:.F I:. County of ,s Teton WS +oecE:11(t My Commission npires $9pterchnr 19, .4117,- Alpine Junction, LLC, a Wyoming limited liability company By: The Meridian Group, Inc., Its Manager By: f i Michael TIC in Vice President Ma )ss Utility Easement Agreement Paap nf 4 (;h01 Rtmitiv0 Notary Public My commission expires: 01- t z- 2 1 GRANTEE: STATE OF WYOMING COUNTY OF '1ETON North Star Utility, a Wyoming public utility company WITNESS my hand and official seal. )ss 00 On this 21v day of *'4tY 2009, before me personally appeared pActoe,t 1- r p1 1 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. Notary Public My commission expires: 1.a,2.01/.., Utility Easement Agreement Pane 4 of 4 THENCE N71 °12'44 "1, 40.13 feet; THENCE S82 °21'24"E, 110.09 feet; THENCE N07 °38'36 "E, 40.80 feet; THENCE S82°2 1' "E, 477.93 feet; EXHIBIT A LEGAL DESCRIPTION OF A UTILITY EASEMENT LOCATED WITHIN LOT 172 ALPINE MFADOWS SUBDIVISION LINCOLN COUNTY, WY ALL AS SHOWN on attached EXHIBIT B. Pmprct No.: Wy, ntngl, Lincoln CountylAlpincl w°rdllianninnt Trap Septic I. n t72 Alpine Mcadows.doe 11/2409 An casement located within Lot 172 of Alpine Meadows Subdivision, a Plat of record in the Office of the Clerk of Lincoln County, Wyoming as Plat No. 206 -A, Receiving No. 911176, said plat being part of the SEI /4SE1 /4 Section 19, SWI /4SWI /4 and SEi /4SW1 /4 Section 20, N1/2N21/4 Section 29 and NE 1 /4NE1 /4 Section 30, T37N, R118W, 6th P.M., Lincoln County, Wyoming, the easement being more particularly described as follows; COMMENCING at the most northerly corner of Lot 98 of said Alpine Meadows Subdivision which is marked by a 5I8" diameter owl rebar with cap inscribed "PLS 6447 said corner hears S22°0919W 526.99 feet from the section comer common to said Section 19, 20, 29 and 30 when is found a survey monument inscribed with appropriate details as described in a Land Corner Recordation Certificate on file in said Office; THENCE along the north boundary line of said Lot 98 and the north boundary line of Lot 97 of said subdivision S63 °47'16E 141.94 feet to the POINT OF BEGINNING; THENCE S07 °38'36 "W, 121.25 feet to an intersection with the north boundary line of Lot 90 of said subdivision; THENCE along the north boundary line of said Lot 90 and the north boundary lines of Lots 91, 92, 93 and 94 of said subdivision N82 °21'24 "W, 427.60 feet to the northwest corner of said Lot 94 which is marked by a 5/8" diameter steel rebar with cap inscribed "PLS 6447 THENCE along the north boundary line of Lot 95 of said subdivision N66°26'SO "W, 68.77 feet to the northwest corner said Lot 95 which is marked by a 5/8" diameter steel rebar with cap inscribed "PLS 6447 THENCE along the north boundary line of Lot 96 of said subdivision and the north boundary line of said Lot 97 N63 °47'l6 "W, 137.37 feet to THE POINT OF BEGINNING; SUBJECT TO any other easements, rights -of -way, covenants, conditions, restrictions, agreements, reservations or encumbrances of sight and/or record. :..007