HomeMy WebLinkAbout952021WHEN RECORDED MAIL TO:
Mr. Thomas E. Ellison
ID /Wy Zone Team Leader
USDA Forest Service
1918 Commerce Avenue
Boise, Idaho 83705
CONSENT TO COMMON USE AGREEMENT
WHEREAS, LOWER VALLEY ENERGY, a Cooperative Corporation of Afton and
Jackson Wyoming, was granted a perpetual easement and right -of -way, for the
construction and continued maintenance, repair, alteration and replacement of electric
distribution circuits, lines, and equipment to Suter's Canyon Subdivision. The
DISTRIBUTION EASEMENT, of October 9, 2007, recorded December 14, 2007, as
Instrument No. 935583, Official Records of Lincoln County, State of Wyoming; and
WHEREAS, the United States of America has obtained an easement across Suter's
Canyon Subdivision, Aspen Hills Development Company, formerly Fields of Gold, LLC,
T. 33 N., R. 118 W., Section 3, Sixth Principal Meridian, which would traverse in part the
said land subject to the aforesaid easement to Lower Valley Energy a Cooperative
Corporation of the State of Wyoming.
NOW THEREFORE, in consideration of ONE DOLLAR ($1.00) and other good and
valuable consideration, receipt of which is duly acknowledged, LOWER VALLEY
ENERGY, a Cooperative Corporation of the State of Wyoming, hereinafter referred to as
the Company, does hereby consent to the construction, reconstruction, maintenance, and
use by the UNITED STATES OF AMERICA, and its assigns hereinafter referred to as
Government, of a road over, along, and upon the Company's easement in the area of a
common use upon and subject to the following terms and conditions:
1. The Company and the Government shall have the right to use their
respective easements in the conduct of their business and such uses shall be
exercised in conjunction with the use of the other and neither party shall have
exclusive use of said Areas of Common Use.
2. Government acknowledges Company's title to Company's easement in said Area
of Common Use and the priority of Company's title over the title of Government
therein.
3. Government acknowledges that construction and use of said road will not
interfere with Company's easement rights of said land and that no work
shall be done in connection with the construction or maintenance of said road
which shall in any way damage, interfere, or threaten to interfere with
the construction and continued maintenance, repair, alteration and replacement of
the electric distribution circuits, lines and equipment, of the Company, or which
shall in any way affect or interrupt the continuity of service as provided by said
Company.
4. The Company does not by this consent waive any rights it may have at law to
recover for any damage to its facilities resulting from the Government's use of
said right -of -way.
RECEIVED 2/5/2010 at 4:16 PM
RECEIVING 952021
BOOK: 742 PAGE: 19
JEANNE WAGNER
inirni ■i rni rnITY t^.i FRK KEMMERER, WY
CONSENT TO COMMON USE AGREEMENT/Lower Valley Energy- United States of America
Page 1 of 2
IN WITNESS WHEREOF, LOWER VALLEY ENERGY, a Cooperative Corporation
of the State of Wyoming, has caused this Agreement to be executed by its duly
authorized officer(s) on this ,2. Z. day of M P 2009.
STATE of 11)q o M t! 6.
)ss.
County of Lt h' c L N
On this 2 a' day of ()EC F, 1ivRE 2009 before me, the undersigned, a
Notary Public in and for said State personally appeared J 0, ws,p s R bh
known/proved to me to be the p (p S‘cQY,r.'Y C 0 of LOWER
VALLEY ENERGY, a Cooperative Corporation, ofthe State of Wyoming, the
corporation that executed the within and forgoing instrument, and acknowledged to me
that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and
year first above written.
GAYLYNN TURNER AR`( PUBLIC
State of
Wyoming
County of
Lincoln
My Commission IThpiies Ncv mbcr 1 1 2010
ACKNOWLEDGEMENT
LOWER VALLEY ENERGY
OO1.aO2O
Notary Pu s i f r the State of p on t
Residing at R,
My commission expires t, It t I -ot b
CONSENT TO COMMON USE AGREMENT/Lower Valley Energy- United States of America
Page 2 of 2
0 00021