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Home My WebLink About952834SEWER UTILITY EASEMENT 00025'7 KNOW ALL MEN BY THESE PRESENTS, that for Ten ($10) Dollars and other good and valuable consideration, receipt whereof being hereby acknowledged, THOMAS E. ZBORNIK, TRUSTEE OF THE THOMAS E. ZBORNIK PERSONAL LIVING TRUST, P.O. BOX 790, EVANSTON, WY 82931, hereinafter called the "Grantor hereby grants and conveys to the TOWN OF ALPINE, a Wyoming Municipal Corporation, located in Lincoln County, Wyoming whose mailing address is P.O. BOX 3070, ALPINE, WYOMING, 83128, hereinafter called the "Grantee a nonexclusive permanent easement and temporary construction easement in, on, over, under, across, and through that property described on the Legal Description, Exhibit A, and shown on the Easement Sketch, Exhibit B, both of which are attached hereto and by this reference made a part hereof for the right to lay out, install, operate, maintain and replace a public sanitary sewer main and appurtenances thereto, together with the right to remove any obstructions interfering with the installation, construction, and maintenance of said public sanitary sewer main, and the farther right of ingress and egress to and from the said described property over and across reasonable routes approved by Grantor in order that the Grantee might exercise the rights granted by this easement. Grantor expressly reserves for itself, its successors and its assigns, the right to use the Easement Area or to grant other easements or licenses at the same location so long as such uses do not unreasonably interfere with the rights herein granted. This Easement is subject to all liens, encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining to the property, whether or not of record. The use of the word "grant" shall not imply any warranty on the part of the Grantor with respect to the Easement or the Easement Area. Grantee shall comply with all applicable laws, ordinances and regulations, including but not limited to all applicable regulatory, environmental and safety requirements at Grantee's sole cost and expense. Grantee shall not use, deposit or permit the use or deposit of any hazardous material or toxic waste or other harmful substances on the property or on any other real property of Grantor adjacent to the Easement Area. The Grantee shall repair or replace any items that it shall move from the conveyed property and shall repair any damage by reason of the Grantee's use of the property as contemplated by this easement. Following any excavation or other work within the temporary or permanent easement, no rock larger than three (3) inches shall be left on the ground surface. Grantee shall not materially interfere with the use by and operation and activities of Grantor on its property, and Grantee shall use such routes and follow such procedures on Grantor's property as result in the least damage and inconvenience to Grantor. RECEIVED 4/9/2010 at 11:02 AM RECEIVING 952834 BOOK: 745 PAGE: 257 JEANNE WAGNER 1 iNnnl N COUNTY CLERK, KEMMERER, WY O Grantee shall be responsible for any damage to Grantor's property or that of third parties resulting from any exercise of the rights herein granted, including but not limited to soil erosion, subsidence or damage resulting therefrom. Grantee shall promptly repair and restore to its original condition_ any of Grantor's property, including, but not limited to, roads, utilities, landscaping and fences that may be altered, damaged or destroyed in connection with Grantee's exercise of the Easement or use of the Easement Area. This Grant of Easement is made on the express condition that Grantor is to be free from all liability by reason of injury or death to persons or injury to property from whatever cause arising out of Grantee, their contractors', agents', officers', members', employees', invitees', or licensees' exercise of rights granted pursuant to this Easement or use of the Easement Area or of the improvements or personal property of Grantee thereto or thereon, including any liability for injury or death to the person or property of Grantee, its contractors, agents, officers, members, employees, invitees, or licensees or to any property under the control or custody of Grantee. Grantee hereby covenant and agree to defend and indemnify Grantor, its officers, employees, agents, invitees and guests and save them harmless from any and all liability, loss, costs, or obligations on account of, or arising out of, any such injury or losses caused or claimed to be caused by the exercise of the Easement or use of the Easement Area by Grantee, however occurring, other than those caused solely by the willful or negligent acts or omissions of Grantor. All rights of the Grantee held with regard to the temporary construction easement shall expire twelve (12) months after substantial completion of the sewer construction contract. Upon termination of the temporary construction easement, the temporary construction easement shall be quitclaimed from Grantee to Grantor, without expense to Grantor, and any and all interest in Grantor's property conveyed in this temporary construction easement shall automatically revert to Grantor or its assigns and successors, without the necessity of any further action to effect said reversion. The within permanent grant is an easement running with the land and shall be perpetual so long as it is used for the purposes described herein. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect except in a subsequent modification in writing, signed by the party to be charged. This instrument shall bind and inure to the benefit of the respective successors and assigns of the parties hereto. STATE OF W d on Ina COUNTY OF UI nT o My Commission Expires: 5-(7- 20 Dated effective the _A2_ day of "14444, 2010. Witness my hand and official seal. GRANTOR: THOMAS E. ZBORNIK PERSONAL LIVING TRUST T OMAS E. ZBO K, TRUS EE )ss. The foregoing instrume t was acknowledged before me this 2(' day of �,v 2010, by rAs Z&vr k Notary Public SHANDA K. FIFE ACCEPTANCE OF SEWER EASEMENT viLetiAl r Mayor COUNTY OF UINTA The foregoing Utility Easement is hereby accepted by the To n of Alpine, including the conditions and limitations thereon, effective this co day of rid I .1.4107 2010. TOWN OF ALPINE 006259 Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR TOWN OF ALPINE SANITARY SEWER EASEMENT To -wit: Permanent Easement Temporary Easement each "position" is a calculated position with no monument found or set; IJ (J 19 February 2010 006260 A strip of land, twenty (20) feet in width, over, under and across the SW1/4SW1 /4 of Section 28, T37N R118W, Lincoln County, Wyoming, with the northerly line described as follows: BEGINNING at the southeast point of Lot 53 of Three Rivers Meadows Estates Subdivision `B of record in said Office with Accession No. 472175; thence S89 28' -40 "W, 186.39 feet, along the south line of said Lot 53 and Lot 52 of said Three Rivers Meadow Estates Subdivision `B to a position; the southerly right -of -way line of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of twenty (20) feet to meet the southerly line of Three Rivers Drive; A strip of land thirty (30) feet in width, over, under and across the SW1 /4SW1 /4 of Section 28, T37N R118W, Lincoln County, Wyoming, with the northerly line described as follows: BEGINNING at the southeast point of Lot 53 of Three Rivers Meadows Estates Subdivision `B of record in said Office with Accession No. 472175; thence S89 28' -40 "W, 196.39 feet, along the south line of said Lot 53 and Lot 52 of said Three Rivers Meadow Estates Subdivision `B to a position; the southerly right -of -way line of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of thirty (30) feet to meet the southerly line of Three Rivers Drive; the BASE BEARING for this survey is the south line of the SW1/4SW1/4 of Section 28, T37N R118W, being S89 38' -10 "W; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details; all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION FOR THE TOWN OF ALPINE SANITARY SEWER LINE WITHIN THE SALT 1/4SWV., SECTION 2 8 T37N RI 1 9W LINCOLN COUNTY WWTYQIvilNG dated 19 February 2010. \Town\Alpine \Town Projects \Sewer Easement 2010 "Modification in any way of the f description terminates liability of th '--yor" s W VI PLOT DATE: 22 February 2010 LEGEND OA 7E. 19 February 9M0 DRAM/ BK. Christine A C)rten7io CALCULATED sn Karl F. Scherbel CATECORY/PORT.• Town F /ELD BOOK• COMPUTER F/LE SewerFxhihitprn SCALE.• 1 =60 indicates a Comer Record filed or to be filed in the Office of the Clerk of Lincoln County. indicates a 5/8" X 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details, found. a 2" galvanized steel pipw with 3" brass cap inscribed, SCHERBEL PLS iS4 BIG PINEY Jb'Y" found. indicates "PAUL N. a 1" iron pipe with plastic cap marked "PE /LS 698 found. indicates indicates a calculated position, no monument found or set. indicates a road right —of —way line. indicates an easement line. indicates a deed line of record. indicates proposed underground sanitary sewer line. The Base Bearing for this survey is the south line of the SW1 /4SW1/4 of. Section 28, T37N R118W, being S891810 "W. 500761>E30.00' r 0 5007611E 20 000'' Po 0 01 0) S00.2.3'1.92 2015 :74 10.00' so 10.15' c.., 3)1 al ?Al N N 1/\,\=. U) 509' 46242- 09 4624 "E 9'98' SUR VEYOR �SC�R��RBEL L TD_ EXHIBIT W ACCOMPANY LEGAL DESCRIPTION FOR THE TOWN' OF ALPINE SANITARY SEWER LINE WITHIN THE SW1 /4SW14 SECTION 2,8 T37N R118W LINCOLN COUNTY, WYOMING Copyright 2010 by Surveyor Scherbel LTD. All rights reserved. 80%96 8/0 P /NEY— MARBLETOU H7 7E1276- 3347, BOX 725 AFTON, H'Y 7EZ. 885 9319,• BOX 38.94, ALP /NE, 19Y TEL. 654 9319,• JACKSON, HT TEL.73J 590.x• MONTPEL /ER, /D 7EL8.17 -2800