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HomeMy WebLinkAbout954175000854 AGREEMENT AND UNDERGROUND UTILITY EASEMENT THIS AGREEMENT made between The McNeel Group LLC, a Wyoming Close Limited Liability Company, c/o Betty Jo Goodman and W. Lloyd McNeel, 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. 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 671, Page 310 and 311 of 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. RECEIVED 6/30/2010 at 11:46 AM RECEIVING 954175 BOOK: 749 PAGE: 854 JEANNE WAGNER PAGE 1 OF 7 LINCOLN COUNTY CLERK, KEMMERER, WY BOWERS LAW FIRM, PC SECTION THREE 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 of the NW 1 /4 SE 1 /4 of Quit Claim Deed Instrument No. 932882 of Section 10, Township 35 North, Range 119 West, 6th P.M., Lincoln County, Wyoming, more particularly described as follows: Beginning at a point that is N.00 °1o'o2 "E. 1313.65 feet along the North -South Center Section line from the South Quarter Corner of Section 10, Township 35 North, Range 119 West, 6th P.M., Lincoln County, Wyoming and running thence N.00 °o9'14 "E. 1330.31 feet along said Center Section line parallel to a fence line to the Center of said Section; thence S.89 °43'22 "E. 20.00 feet; thence S.00 °09'14 "W. 1330.26 feet; thence N.89 °51'35 "W. 20.00 feet to the Point of Beginning, containing o.611 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. SECTION SIX 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. PAGE 2 OF 7 BOWERS LAW FIRM, PC 04:),655 SECTION SEVEN EASEMENT TO RUN WITH LAND This grant of easement shall run with the and 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 SECTION TWELVE MODIFICATION OF AGREEMENT SECTION THIRTEEN NO WAIVER PAGE 3 OF 7 BOWERS LAW FIRM, PC x 00856 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. Any modification of this agreement or additional obligation assumed by either 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 0085` 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. SECTION FOURTEEN WAIVER OF HOMESTEAD RIGHTS 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. SECTION FIFTEEN PARAGRAPH HEADINGS 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 '1 day of June, 2010. GRANTOR: The McNeel Group LLC, a Wyoming Close Limited Liability Company, c/o Betty Jo Goodman and W. Lloyd McNee1 Betty J000dman Member The McNeel Group W. Lloyd McNeel Member The McNeel Group PAGE 4 OF 7 BOWERS LAW FIRM, PC GRANTEE: Lower Valley Energy, Inc., and Silver Star Telephone Company, Inc Kim Tippet Lower a ley Energy, Inc. R. Oates Silver Star Telephone Company, inc PAGE 5 OF 7 BOWERS LAW FIRM, PC 000858 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Betty Jo Goodman, who appeared before me and was personally known to me, and was by whom duly sworn and upon oath represented that she was a member of The McNeel Group LLC, that the instrument was signed on behalf of The McNeel Group LLC, by the authority of the board of directors or trustees thereof, acknowledged the instrument to be the free act and deed of The McNeel Group LLC this 11 day of June, 2010. CONNIE JONES NOTARY PUBLIC County of State of Lincoln i Wyoming My Commission Expires 3 t 13 My Commission Expires: STATE OF WYOMING COUNTY OF LINCOLN SS. WITNESS my hand and official seal. 31l._.0 CONNIE JONES NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires' 1S My Commission Expires. SS. WITNESS my hand and official seal. NOTARY PUBLIC The foregoing instrument was acknowledged before me by W. Lloyd McNeel, who appeared before me and was personally known to me, and was by whom duly sworn and upon oath represented that he was a member of The McNeel Group LLC, that the instrument was signed on behalf of The McNeel Group LLC, by the authority of the board of directors or trustees thereof, acknowledged the instrument to be the free act and deed of The McNeel Group LLC this 11 -41L day of June, 2010. 3 1 "1 PAGE 6 OF 7 BOWERS LAW FIRM, PC NOTARY PUBLIC ‘..:00859 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 3 day of Mief, 2010. WITNESS my hand and official seal. CONNIE JONES NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires �3 My Commission Expires: STATE OF WYOMING COUNTY OF LINCOLN 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 a v da of,3y 2010. CONNIE JONES NOTARY PUBLIC County of State of Lincoln t. Wyoming My Commission Expires SS. SS. WITNESS my hand and official seal. My Commission Expires: ,,k,,. 3 26 v PAGE 7 OF 7 BOWERS LAW FIRM, PC NOTARY PUBLIC .00860 RECEIVED 9/6/2007 at 9:22 AM RECEIVING 932882 BOOK: 671 PAGE:310 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY QUITCLAIM DEED 000861 46031.® KNOW ALL MEN BY THESE PRESENTS, That Betty Jo Goodman, Jane Leeper, William Lloyd McNeel, and Pamela Hentschel, of Bedford, Lincoln County, Wyoming, grantors, in consideration of Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt of which is acknowledged, convey and quitclaim unto McNeel Group LLC, a Wyoming Close Limited Liability Company, grantee, of c/o Betty Jo Goodman, PO Box 4374, Bedford, WY 83112, forever, all such right, title, interest, property, possession, claim and demand as they have or ought to have, in or to all the following described premises, in the County of Lincoln, State of Wyoming, to -wit: The property described in that certain Quitclaim Deed dated April 26, 1993, and recorded in the office of the Lincoln County Clerk on April 28, 1993, in Book 327 PR, page 664, more particularly described as follows: SW1 /4SE1/4 and the West 27 acres of the NW1 /4SE1/4 (also and otherwise described as: Beginning at the center of said Section 10, and running thence East 54 rods; thence South 80 rods; thence West 54 rods; thence North 80 rods, to place of beginning), all in Section 10, T35N, R119W of the 6th P.M.; together with all water and water rights, ditches and ditch rights, used thereon or appurtenant thereto, and more particularly those water rights through the East Side Canal under appropriation of 8/8/1904, those water rights through the East Side Canal 1st Enl. Pine Tree Ditch under appropriation of 8/8/1904, and those water rights through the Baker Heap Ditch under Appropriation of 9/8/1913. 5 LESS and EXCEPT the property described in that certain Warranty Deed dated July 18, 1996, and recorded in the office of the Lincoln County Clerk on September 4, /G> 1996, in Book 387 PR, page 693, more particularly described as follows: W1 /2SW1 /4SE1 /4 of Section 10, T35N, R119W of the 6th P.M., Lincoln County, Wyoming. EXCEPTING and RESERVING unto Delphia J. McNeel for her life, all rights concerning the portion of the above described property consisting of the residence and related outbuildings on approximately 1 acre of land, including without limitation, the sole use, control, benefit, and right to possession and all rents and profits therefrom. Upon the death of Delphia J. McNeel, the grantees shall take title to the described real property subject to this life estate in fee simple absolute. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. 1 DATED as of this /s day of October, 2006. STATE OF WYOMING ss. COUNTY OF LINCOLN GERALD L GOULDING NOTARY PUBLIC County of State of Lincoln My,Commission Expires May 2, 2007 My commission expires: May 2, 2007. STATE OF ARIZONA ss. COUNTY OF MARICOPA day of October, 2006. Witness my hand and official seal. My commission expires: Pc�. Juok �'1, zo�9 2 tty J Goodman A Jane L William Lloyd M eel Pamela Hentschel The foregoing Quitclaim Deed was acknowledged before me by Betty Jo Goodman this 4 2 1 4 0 4 1 day of Aetobcr, 2006. NS k.h6Gr Witness my hand and official seal. NOTARY PUBLIC L IRA r CO CO NOTARY PUBLIC cot, G2 O00311 The foregoing Quitclaim Deed was acknowledged before me by Jane Leeper this I to eL OEFICIALSPAL LEAKCA&CADFN WEARY ?MC MALCDUNIY,ARIZONA KY MESON EVES AUOUSPI7, STATE OF WYOMING ss. COUNTY OFY/ The foregoing Quitclaim Deed was acknowledged before me by William Lloyd McNeel this j' day of 0 z �(N 200 .7. Witness my hand and official seal. My commission expire STATE OFD WV1944/ G ss. COUNTY OF L /NCOL.,/l/ A 7- TARYPU =LC LINDA K. UCHAMP COUNTY OF SWEETWATER Canmission Ex 'r NOTARY PUBLIC STATE OF WY The foregoing Quitclaim Deed was acknowledged before me by Pamela Hentschel this /6 day of Jl 200 Witness my hand and official seal. y commission e a 3 NOTARY PUBLIC 000312