HomeMy WebLinkAbout954174AGREEMENT AND UNDERGROUND UTILITY EASEMENT
THIS AGREEMENT made between Bert R McNeel Jr and Ranell H McNeel, husband
and wife, of the County of Lincoln, State of Wyoming, (hereinafter called GRANTOR),
and Lower Valley Energy, Inc., and Silver Star Telephone Company, Inc, both
parties being Public Utility Companies (herein after called GRANTEE). The parties
agree as follows:
RECITALS
The GRANTOR owns certain real property located within the County of Lincoln,
State of Wyoming.
The GRANTEE are owners of Public Utility Companies providing electrical power
and telephone services.
The GRANTEE desires to receive a twenty (20) foot underground utility
easement across the real property owned by the GRANTOR.
30C Eat'?
The GRANTOR desires to have use of electrical power and telephone service to
their property provided by the GRANTEE.
The parties desire to enter into an agreement for the easement and items set forth
above.
SECTION ONE
AGREEMENT OF PARTIES
The GRANTORS hereby agree to grant to the GRANTEES a twenty (2o) foot non-
exclusive underground utility easement across their herein described real property.
In return, the GRANTEES specifically agree to provide electrical power and
telephone service to the property upon payment of normal and customary charges.
The easement and those items described in this paragraph, in addition to the mutual
promises of the parties, shall serve as consideration for this agreement and
easement.
SECTION TWO
IDENTIFICATION OF BURDENDED PROPERTY
The real property owned by the GRANTOR, whose property shall be burdened by the
underground utility easement is described in Book 387, Page 693of the official records
of the Lincoln County Clerk for the County of Lincoln, State of Wyoming and in the
attached Exhibit A, attached hereto and made part of this document by reference and
incorporation.
RECED /2
RECE EIV IVING x30/ 954174 010 at 11: AM
BOOK: 749 PAGE: 847
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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BOWERS LAW FIRM, PC
SECTION THREE 600848
CONVEYANCE OF EASEMENT
In consideration of the easement and those items set forth above, another
valuable consideration to them paid, GRANTORS hereby grant and convey to the
GRANTEES, its successors and assigns forever, a non exclusive easement for the
construction, repair, maintenance, operation, and inspection of underground utilities,
lines and appurtenances, the location of said easement being described as follows:
The West 20 feet and a portion of the South 20 feet of the SW 1 /4 SE
1 /4 of Quit Claim Deed Instrument No. 825812 of Section 10,
Township 35 North, Range 119 West, 6 P.M., Lincoln County,
Wyoming, more particularly described as follows:
Beginning at the South Quarter Corner of Section 10, Township 35
North, Range 119 West, 6th P.M., Lincoln County, Wyoming and
running thence N.00 °10'02 "E. 1313.65 feet along the North -South
Center Section line; thence S. 5 1 '35 "E. 20.00 feet; thence
S.00 °10'02 "W. 1293.72 feet; thence S.89 °38'58 "E. 461.27 feet
parallel with the South line of said Section; thence N.00 08'24 "E.
120.20 feet to a building; thence S.89 °38'58 "E. 20.00 feet along
said building; thence S. o 8 2 4 "W. 74.93 feet; thence
S.89 °38'58 "E. 48.71 feet to a building; thence Soo 08'24 "W. 20.00
feet along said building; thence N.89 °38'58 "W. 48.71 feet; thence
S.00 °08'24 "W. 45.27 feet to a point on the South line of said
Section; thence N.89 °38'58 "W. 501.28 feet along said South
Section line to the Point of Beginning, containing 0.902 acres.
SECTION FOUR
CONSTRUCTION AND MAINTENANCE
The GRANTEE shall have a right -of -way to enter and inspect the underground
utilities, lines, and appurtenances.
SECTION FIVE
TITLE OF PARTIES
The GRANTORS expressly represent that they are the owners of the described
real property and have the legal right to grant to the GRANTEE the easement as
described in this Agreement. GRANTEES expressly represent that they are the owners
of Wyoming Public Utility Companies and are authorized to provide Electric Power and
Telephone Services.
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BOWERS LAW FIRM, PC
SECTION SIX 000849
USE OF EASEMENT
Both parties shall have unlimited private and commercial use of the herein
described easement for any use that they feel is appropriate, providing however, that
Grantee's use shall be that of underground utilities, lines, and appurtenances.
SECTION SEVEN
EASEMENT TO RUN WITH LAND
This grant of easement shall run with the land and shall be binding on and shall
inure to the benefit of the parties to this agreement, their respective heirs, successors,
or assigns.
SECTION EIGHT
INDEMNITY
Each of the parties agrees to indemnify and hold the other harmless from
and against any and all liability for personal injury or property damage when such injury
or damage shall result from, arise out of, or be attributable to any use, maintenance or
repair undertaken by either party.
SECTION NINE
NOTICES
Any notice provided for or concerning this agreement shall be in writing and be
deemed sufficiently given when sent by certified or registered mail if sent to the
respective address of each party as set forth at the beginning of this agreement.
SECTION TEN
GOVERNING LAW
It is agreed that this agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Wyoming.
SECTION ELEVEN
ENTIRE AGREEMENT
This agreement shall constitute the entire agreement between the parties and
any prior understanding or representation of any kind preceding the date of this
agreement shall not be binding upon either party except to the extent incorporated in
this agreement.
SECTION TWELVE
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by either
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BOWERS LAW FIRM, PC
party in connection with this agreement shall be binding only if evidenced in writing
signed by each party or an authorized representative of each party.
The failure of either party to this agreement to insist upon the performance of any
of the terms and conditions of this agreement, or the waiver of any breech of any of the
terms and conditions of this agreement, shall not be construed as thereafter waiving any
such terms and conditions, but the same shall continue and remain in full force and
effect, as if no such forbearance or waiver had occurred.
The Grantor hereby waives and releases all right to the described easement
under and by virtue of the homestead exemption laws of the state of Wyoming to the
extent that such rights may interfere with the purposes of this easement.
The titles to the paragraphs of this agreement are solely for the convenience of the
parties and shall not be used to explain, modify, simplify, or aid in the interpretation of
the provisions of this agreement.
In witness whereof, each party to this agreement has caused it to be executed on
the date indicated below the provisions of this agreement.
DATED this 7 day of June, 2010.
GRANTOR:
Bert R McNeel Jr and Ranell H McNeel, husband and wife
/2 211 --71,16
Bert R. McNeel
Ranell H. McNeel
SECTION THIRTEEN
NO WAIVER
SECTION FOURTEEN
WAIVER OF HOMESTEAD RIGHTS
SECTION FIFTEEN
PARAGRAPH HEADINGS
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BOWERS LAW FIRM, PC
000850
GRANTEE:
Lower Valley Energy, Inc., and Silver Star Telephone Company, Inc
Kim Tippe
Lower
R9 Oates
Silver Star Telephone Company, inc
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
My Commission Expires:
On this i *''`'day of in the year of 2010, before me the
undersigned notary public, per onally appeared Bert R McNeel Jr and Ranell H McNeel,
husband and wife, personally known to me to be the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the
same.
CONNIE JONES NOTARY PUBLIC
County of „s State of
Lincoln ;�u i 1 Wyoming
My Commission Expires e3 31 13
3 t 7-0
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BOWERS LAW FIRM, PC
000851
a grVri-U 1
NOTARY PUBLIC
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by Kim Tippetts
who personally appeared and was personally known to me, and after being duly sworn
and upon their oath, represented that they are employees of Lower Valley Energy Inc.,
that the instrument was signed on behalf of Lower Valley Energy Inc., by the authority
of the Board of Directors and that they executed the foregoing instrument on behalf of
Lower Valley Energy Inc., and that this instrument was the free act and deed of Lower
Valley Energy Inc., this a3 day of 2010.
CONNIE JONES NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires <R
My Commission Expires:
STATE OF WYOMING
COUNTY OF LINCOLN
WITNESS my hand and official seal.
The foregoing instrument was acknowledged before me by Rory Coates
who personally appeared and was personally known to me, and after being duly sworn
and upon their oath, represented that they are employees of Silver Star Telephone
Company Inc., that the instrument was signed on behalf of Silver Star Telephone
Company Inc., by the authority of the Board of Directors and that they executed the
foregoing instrument on behalf of Silver Star Telephone Company Inc., and that this
instrument was the free act and deed of Silver Star Telephone Company Inc., this
-DV'' day of May t �2o10.
WITNESS my hand and official seal.
CONNIE JONES NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires 3 1'1 -2 2.
SS.
My Commission Expires: 3
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BOWERS LAW FIRM, PC
i.`00852
4 I I I I 00 J
NO ARY PUBLIC
NO ARY PUBLIC
307 -877 -3101 Lincoln County Clerks
Ltil1u I 1 I Lt LIJI l LL 1.rU t i ,r.rUlUU
WITNESS. the hand of said grantor this 18 to
Signed in the presence of
STATE CF LIYOM!Mi I
it.
County of Lincoln 1
On the 18th day of July
A.D. l9 96 personally appeared before ere
Delphic J. McNeel, Successor Truster,
for the uses and iiirposes set forth in
the Bert R. McNeel and Delphta J. McNeel
Revocable Trust between Grantors and
Trustees, dated the 26th dap of April, 1,
the signer of the within instrument. who duty
acknowledged to me that s ht: execated (us uncle.
Commission expires: I ,y
Residing In,v t1,
Notary Public
3
.#.ARVM'
WARRANTY DEED
DELPIIL\ J. EIcNEEL, Successor Trustee, for the uses and purposes sec forth in the
Bert R. McNeel and Deiphia J•. 1 Neel Revocable Trust between Grantors and Trustees,
dated the 26th day of April, 1993, Bert R. NcNeel and Deiphia J. McNeel, Beneficiaries
grantor of Alton minty of Lincoln
CONVEY and .WAR NT to State of Wyoming, hereby
BERT R. McN EL, JR. and RANELL Fi. NeNEEL, husband and wife, as tenants by the
entireties
grantee of Alpine, County of Lincoln, State of Wyoming.
for the stun or Ten dollars and other good and valuable consideration
the following described tract of land In Lincoln
hereby reteastng and waiving all rights totter and by virtue of the homestead exemption laws of the State, to wit; Wyoming
W1SW SE, of Section 10, Township 35 North, Range 119 West, 6th P.M., Lincoln
County, Wyoming.
Subject to reservations and Restrictions contained in the lhlited States Patent
and to easements and rights of of record or in use.
Together with all improvements and appurtenances thereon.
‘C)!.:6 P M
In Book OQ .Pagei13....Kemmerer, WY
No 848„.2,.... Marsha Moe, Clerk
d o f July
De a J. eel, Successor Tru
RECORDING DATA
Entry No. F S
The d
14:54:00 06 -17 -2010 1 /1
:`G+w853
JU1 li JU r.Jc
A.D. 19
RECORDED INDEXED 0 0
PLATTED ABSTRACTED
COMPARED DELIVERED Ll