HomeMy WebLinkAbout952023WHEN RECORDED MAIL TO:
Mr. Thomas E. Ellison
ID /WY Zone Team Leader
USDA Forest Service
1918 Commerce Avenue
Boise, ID 83705
(208) 384-3239
CONSENT TO COMMON USE AGREEMENT
RECEIVED 2/5/2010 at 4:21 PM
RECEIVING 952023
BOOK: 742 PAGE: 24
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
.,0i;iO24
WHEREAS, LOWER VALLEY POWER AND LIGHT INC., a Corporative
Corporation, of Afton and Jackson, Wyoming, now owned by LOWER VALLEY
ENERGY, a Cooperative Corporation of Afton and Jackson Wyoming, known
herein as Grantee, was granted a perpetual easement and right -of -way, from DELORES
SUTER, a single person, known herein as GRANTOR, for the construction and
continued maintenance, repair, alteration, and replacement of electric distribution circuits
of the GRANTEE, to be constructed and maintained under, over, upon, and across the
premises of the GRANTOR in Lincoln County, State of Wyoming.' The EASEMENT,
dated October 23, 1986, from Delores Suter, GRANTOR, was recorded April 27, 1987,
as Instrument No. 671759, 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,
in T. 33 N., R. 118 W., Section 3, Sixth Principal Meridian, which could traverse in part
the said land subject to the aforesaid easement to Lower Valley Power and Light, Inc.,
now owned by Lower Valley Energy, a Cooperative Corporation of Afton and Jackson,
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
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.
CONSENT TO COMMON USE AGREMENT/Lower Valley Power and
Light/Lower Valley Energy United States of America Page 1 of 2
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.
IN WITNESS WHEREOF, LOWER VALLEY ENERGY, a Cooperative
Corporation of Afton and Jackson, Wyoming, has aused this Agreement to be
executed by its duly authorized officer(s) on this (L day of February, 2010.
STATE OF WYOMING
COUNTY OF
ACKNOWLEDGEMENT
)ss
On this (et day of February, 2010, before me, the undersigned, a Notary Public in
and for said State personally appeared JAMES R. WEBB, known/proved to me to be the
President and CEO, of LOWER VALLEY ENERGY, a Cooperative Corporation,
of Afton and Jackson, Wyoming, the Corporation that executed the within and
foregoing 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.
JANICE T. WOODMENCEX NOTARY PUBLIC
County of ;Nr State of
'Raton to
My Commission Expires J
LOWER VALLEY ENERGY, a Cooperative
Corporati n of Afton and Jackson, Wyoming
B
ES R. EBB
sident CEO
106025
ubliccf the State of
ing at
My Commission Expires
CONSENT TO COMMON USE AGREMENT/Lower Valley Power and
Light/Lower Valley Energy- United States of America Page 2 of 2