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Home My WebLink About954907POWERLINE EASEMENT AGREEMENT 1. Grant of Easement. For and in consideration of the sum of One ($1.00) Dollar and other good and valuable consideration, ,f a W e C "Grantor does hereby give, grant, bargain, and convey to WIDE OPEN SPACES, LLC, a Wyoming limited liability company "Grantee and its assigns, a non exclusive permanent easement and right -of -way for the installation, operation and maintenance of a power line, together with the right to construct, operate and maintain continuously upon, over, and across said land, its lines for transmitting electric current with wires, transformers, conduits, cables, guy wires, and other necessary apparatus and fixtures (collectively, the "Facilities together with the right to assign this easement to successors and assigns in whole or in part; and together with the right at all times to enter upon said premises for the purpose of inspecting said lines, making repairs, renewals, alterations and extensions thereon and for all purposes incidental thereto, solely across, through and over the lands hereinafter described on the attached Exhibit A, which is incorporated here by reference (the "Easement Tract together with the right to remove trees, bushes, undergrowth, and other obstructions interfering with the safe and necessary construction and maintenance of Facilities (the "Easement The Easement granted herein is for the benefit of Grantee and for the benefit of the property owned by Grantee and described on the attached Exhibit B, which is incorporated herein by this reference (the "Benefitted Property"). 2. Maintenance. Grantee shall have the right and obligation hereunder, at all times, to enter upon the Easement Tract to do all things necessary for the construction, reconstruction and maintenance of said Facilities at Grantee's sole cost and expense, and RECEIVED 8/12/2010 at 2:16 PM RECEIVING 954907 BOOK: 751 PAGE: 878 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY v�. shall indemnify and hold harmless Grantor from and against any and all loss, cost, damage and expense from any cause arising out of any wrongful or negligent act of Grantee or its employees, agents, contractors and licensees in connection with the Easement. Grantee shall have the right hereunder, at all times, to enter the Easement Tract for the inspection, repair and renewal of the Facilities and for the doing of all things necessary to maintain said Facilities in a proper condition. 3. Non Exclusive Easement. Grantor reserves the express right to use and enjoy the Easement Tract for any purpose that does not unreasonably interfere with the Easement, including the right to grant additional easements for utilities or otherwise on and within the Easement Tract; provided that Grantor shall (or shall cause the grantee of such additional easements to) restore any damage to the Easement Tract or the Facilities caused by Grantor's use of the Easement Tract to the condition the same were in immediately prior to such damage. 4. Protection from Liens. All work performed on the Easement Tract by Grantee shall be performed in a lien -free, good and workmanlike manner and in accordance with the requirements of all applicable government ordinances, codes, regulations and laws. In the event any mechanic's or materialman's lien is filed against the land of Grantor in connection with work for or on behalf of Grantee, then Grantee shall, promptly after notice of filing, cause the same to be discharged of record. 5. Authority. Grantor hereby represents and warrants that it is the owner of the Easement Tract and that this Easement Agreement and the individual executing this Easement Agreement on behalf of Grantor have been duly authorized and that by the execution hereof, Grantor is bound by all of the terms and conditions hereof. Grantee hereby 'SO represents and warrants that it is the owner of the Benefitted Property and that this Easement Agreement and the individual executing this Easement Agreement on behalf of Grantee have been duly authorized and that by the execution hereof', Grantee is bound by all of the terms and conditions hereof. 6. Connection to Power Line. Subject to compliance with any applicable laws, ordinances, regulations or rules relating to the Facilities and the operation thereof, Grantee agrees to allow Grantor to connect to the power line for the purpose of providing power to the property owned by Grantor on which the Easement Tract is located. If Grantee connects to the Facilities Grantee shall be obligated to pay any connection fee related thereto and shall further be obligated to pay for any usage of power. Grantee shall only be allowed to connect to the facilities if a meter is installed to measure usage of power and if such connection is allowed by any utility company with jurisdiction over the Facilities or the power conducted thereby. In no event shall Grantee be allowed to connect for usage beyond normal residential (limited to 3 residences) usage and normal farm and/or ranch usage. 7. Assignment. Grantee shall have the right to assign this Easement Agreement and its rights hereunder to any party that is the owner of the Benefitted Property, or any portion thereof, as well as to any entity that is to operate or own the Facilities, including, without limitation, Rocky Mountain Power Company or any other owner or operator of the Facilities. 8. Binding Effect. It is agreed that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions and shall be binding on the parties hereto and their respective representatives, heirs, successors and assigns. 9. Counterparts. This Easement Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. This Easement Agreement is executed effective as of July 1, 2008, and granted under Grantee to have to hold said easement and right -of -way unto Grantee, and unto its successors and assigns forever. GRANTOR: awe e, 4% By: /.o w l( r GRANTEE: WIDE OPEN SPACES LLC, a Wyoming limited liability company By: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by as of WITNESS my hand and official seal. My commission expires: M(7 8,0 13 NaDene Dana NOTARY PUBLIC State of County of Wyoming Lincoln My Commission Expires May 20, 2013 STATE OF �1/{,/ o COUNTY OF s ss. The foregoing instrument was acknowledged before me by as of Wide Open Spaces LLC, a Wyoifg limited company. WITNESS my hand and official seal. My commission expires: 0 1,0 NaDene Dana NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires May 20, 2013 Notannf Public GI 4 ,a,." /4, L7 /��r�: Notarf r Public ''S82 EXHIBIT A Description of Easement Tract 383 f N.W. Comer Section 9 1932 GLO Breve cop ATC N89'54'38 T, 2639.40' N164305"E 104.21' Said easement being 5819.99 feet or 352.73 rods in length. ANY CIeNGE ADDn1vN OR oaE11oR of ANY veer or Tps oEscep nmN Vnl Acr TO VOID ANY WAReem' OR RESPONSIBILITY; E78REes OltplPllrD, T1Y1T1 mom row 2OWARDS TNEWO8.EOT#RO°EHn; 906 Main Street SURVEYING Evanston, Waning 8293 Phone No. (307) 789.4545 T26N, R118W, 6th P.M. N0622'54'E 29258' N092434T, 300.09' n Point 'G' NO379 49'W 849.29' NW1 /4 4101V738'E 100.103' N01 t74'19'W, 1199.74'= N07'47'30'E. 599.88 SW1 /4 N201220'f, 299.90' N3171'3 F 299.73' N4423'24"E, 571.56' Also BEGINNING at said Point E "and running thence S 86°3824'E, 60.00 feet to the POINT OF ENDING of this pad of said easement. Also BEGINNING at said Point F° and running thence N 88 °50'41' E, 60.00 feel to the POINT OF ENDING of this part of said easement. Also BEGINNING at said 'Point G "and running thence N 85 W, 60.00 feet to the POINT OF ENDING of this pad of said easement. Point 0" P Point 79' I LEGAL DESCRIPTION An easement for powedine purposes located 20 the E1/2 W1/2 of Section 9, T26N, R118W, 6TH P.M.. Lincoln County, Wyoming, said easement being20.00 feet wide, 10.00 feet on each side of the f:Yawing described centerline: BEGINNING at a point on the South fine of said Section 9, tying 5 89 °5627' W, 1092.58 feet from the South ante quarter comerMereol thence N 15°43'05" E 10421 feet to a point to be known as 'Point A'• thence N 44°2324'E 571.56 feet to a poled to be Idtowvt as 'Point B` thence N 31'1134' E. 299.73 feet to a point to be known as 'Point 0',, thence N 20 299.90 feet to a point to be known as Point D",• thence N 07°4730'E, 599.88 feet to a paint M be known as Point thence N 01°04'19' W, 1199.74 feet thence N01 11138'E, 1003.03 het toa point to be blown as 'Point F' thence N 03 °19'49' W, 849.29 feet to a point 10 be known as "Point G',' thence N 09°2434' E 300.09 feet thence N 06°22'54" E, 292.58 feet to the POINT OF ENDING, said point lying on the North line of said Section 16, S 8954'18' W, 288.83 feet from the North one-quarter comer thereof; Also BEGINNING at said Poled A' and ntnn ng thence N 59°26'46' W. 30.00 feet to the POINT OF ENDING of this part of said easement. Also BEGINNING at said 'Point 8'and running thence S 52'1231' E, 30.00 feet to the POINT OF ENDING of dris pad of said easement Also BEGINNING at said 'Point C' and running thence S 64 30.00 feet to the POINT OF ENDING ofthls part of said easement Also BEGINNING at said Point D" and running thence S 76°00'05' E 30.00 feet to the POINT OF ENDING of this pert of said easement 91/4 Comer a Section 9 1932 2.0 Brow COP 1 Point "'F" 9 Point E fi Point "0 Centers Smiths 1 S1/4 Comer 1 Section 9 Point A' 41932 CLO 1092.58' Bane Cap 589'56'27 2640.89' -NE1 /4 Centerline of Proposed Powerline LEGEND PUBLIC LAND SURVEY CORNER n e o /7 PONT 8. F P.0. NT OF BEGNNING P.O.E POINT OF ENDING SE1 /4- BASIS OF BEARING The base bearing for this survey is Geodetic North based on GPS observation. CER TIFICATE OF SURVEYOR State of Wyoming County of Uinta ss 1, Stanton G Taggart, of Wasatch Surveying Associates, L.L.C., hereby state that 1 am by occupation a Professional Land Surveyor employed by Wide Open Spaces, LLC. to make the survey of the easement described and shown on this plat, that the survey of said works was made under my supervision and authority and that such survey is accurately represented hereon. Map Showing Wide Open Spaces, LLC Proposed Powerline Across Clark Country Ranch, LLC Located in the E1/2 W1/2 of Section 9 T26N, R118W, 6th P.M. Lincoln County, Wyoming Project No. 07 -115 Date: 11/18/07 4 LEGEND 4, PUBLIC LAND SURVEY CORNER O ANGLE POINT P.O.B. POINT OF BEGINNING P.O.E. POINT OF ENDING BASIS OF BEARING The base bearing for this survey is Geodetic North based on GPS observation. CERTIFICATE OF SURVEYOR State of Wyoming County of Uinta ss 1, Stanton G. Taggart, of Wasatch Surveying Associates, L.LC., hereby state that 1 am by occupation a Professional Land Surveyor employed by Wide Open Spaces, LLC. to make the survey of the easement described and shown on this plat; that the survey of said works was made under my supervision and authority and that such survey is accurately represented hereon. ANY CHANGE ADDITONOR Damon OF ANY PART OF TASDESCRIFWNTM .L ACT TO VOID ANY WARRANTY OR RESPONSI&lT: EXPRESS OR IMPLIED. THAT MAYH4YE TOWARDSTNESUBIECTPROPERTY. N.W. Comer Section 27 1932 Ct0 Snags Cop ATC 1356.40' POB. S4216'281 8' 515.18= /P Centerline gof P.O.E. ProPoeod wl Pearlhre At Existing Power Pole —NW1 /4 SW1 /4 t 21 t 1 NE1 /4 SE1 /4 N89'54'57'7, 2639.86' 906 Main Street SURVEYING phone Wyoming 82930 Phone No. (307) 789.4545 T26N, R118W, 6th P.M. 91/4 Comer Section 21 7932 GI 0 Brass Cap LEGAL DESCRIPTION An easement for powertine purposes located in the NW1/4 of Section 21, T26N, R118W, 6th RM., Lincoln County, Wyoming, said easement being 20.00 feet wide, 1000 feet on each side of the following described centerline: BEGINNING at a point on the North line of said Section 21, said point tying N 89°5457' E, 1356.40 feet from the Northwest comer thereof, thence S 42 °1628' W, 515.18 feet to the POINT OF ENDING, said point being an existing power pole. Said easement being 515.18 feet or 3122 rods in length. Map Showing Wide Open Spaces, LLC Proposed Powerline Across Clark Country Ranch, LLC Located in the NW1 /4 of Section 21 T26N, R118W, 6th P.M. Lincoln County, Wyoming Project No. 07 -115 Date: 11118107 ASS EXHIBIT B Description of Benefitted Property The following property located in Lincoln County, State of Wyoming: Resurvey Township 27 North, Range 118 West of the 6 P.M., Lincoln County, Wyoming Tracts 61, 62, 63, 66, 72, 73, 74 and 75. 'SSG