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HomeMy WebLinkAbout954908POWERLINE EASEMENT AGREEMENT 1. Grant of Easement. For and in consideration of the sum of One ($1.00) Dollar and other good and valuable consideration, 7 A L ,6i P t "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 2:17 PM RECEIVING 9549 BOOK: 751 PAGE: 887 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 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 .'889 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. By: GRANTEE: WIDE OPEN SPACES LLC, a Wyoming limited liability company 90 STATE OF 0 COUNTY OF ..1)1 -t The foregoing instrument was acknowledged before me by Serr•1 and. Mari n k'. k. m (4, n as Ot n er& R 111 1°n1 WITNESS my hand and official seal. My commission expires: STATE OF COUNTY OF TAMMY L RA`t LIFF Notary Public State of Utah My Commission Expires Oct. 16, 2012 Oornmission #576407 i ss. ss. The foregoing instrument was acknowledged before me by cicv�', r gg as y2 1 (t'frz 4 hi LLC, a Wyon ing lability company. WITNESS my hand and official seal. My commission expires: NaDene Dana NOTARY PUBLIC County of`1 State of Lincoln ot Wyoming My Commission Expires May 20, 2013 of otary blic otary ublic Notary Public of Wide Open Spaces d At. itl.L, A dr -la, 91 EXHIBIT A Description of Easement Tract M LL LEGEND MANX LAND SURbEY CORNER O ANGLE POINT P.O.B. POINT OF BEQNNING P.O.E. POINT OF ENDING BASIS OF BEARING The base bearing for this survey is Geodetic North based on GPS observation. LEGAL DESCRIPTION An easement for powedinepurposes located in Tract No. 37, Section 4 of T26N, R11801, 6TH RM., Lincoln County, Wyoming, said easement being 20.00 feet wide, 1(100 feet on each side of the following described centerline: Commencing at the Northeast comer of said Tract No 37 (also the North one quarter comer of Section 4, T26N, R118W) and running Thence S 00 °1549' W, 2475.03 feet along the East line of said Tract thence N 89°59'03"W, 85.07 feet to the POINT OF BEGINNING, said point tying on the South line of Hamblin property as said property is desalbed in the Warranty Deed found in Book 466 on Page 27 of the Lincoln County Records; thence N 03 39'44' E 4.91 feet; thence N 08°4610' W, 292.50 feet thence N 10 W, 262.13 feet to a point to be known as Point A thence N 08°43'19 "E, 474.93 feet to a point to be known as Point B` thence N 02'4148" E, 276.32 feet; thence N 5 °11'19' E, 601.46 feet to a point to be known as Point thence N 0°3028'E, 300.82 feet to a point to be known as Point D thence N 12°39'56° W, 276.13 feet to the POINT OF ENDING of this pad of said easement, said point lying on the North Line of said Hamblin Property, N 9000'00' W, 106.50 feet from the Northeast comer thereof. Also, BEGINNING at said Point A' and running thence S 89` 1824' W, 30.00 feet to the POINT OF ENDING of this part of said easement; Also, BEGINNING at said Point B' and running thence S 843441' E, 30.00 feet lD the POINT OF ENDING of this part of said easement Also, BEGINNING at said 'Point C' and running thence N 863940' E 46.00 feet to the POINT OF ENDING of this part of said easement Also, BEGINNING at said 'Point D' and running thence N 84 07'16 E, 44.00 feet to the POINT OF ENDING of this part of said easement: Said easement being 263920 feet or 159.95 rods in length. ZLTC.H 906 Main Street SURVEYING Evanston, Wyoming 82930 ?hone No. (307) 769 -4545 T26N, R118W, 6th P.M. BLit (Public Land) Section Property Line Jerry L Marilyn K. Hamblin Centerline of Proposed Powerline P.O. N12 276.13' Poin b' N0030'28"E. 300.82= Point C N0571'19 E. 601.46' NO24148 E 276.32- Point 6" N08 43'19 E, 474.9.r— Point 'A" N1021634"W, 262.13= N0846Y0'W, 292.50' Property Line NO339'44't 4.91' P.O.B. 1 1' 11 'Ii CERTIFICATE OF SURVEYOR State of Wyoming County of Uinta ss 1, Stanton G. Taggart, of Wasatch Surveying Associates, LLC., hereby state that l 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. Project No. 07 115 Date: 1/18/08 90'DO'00'W, 106.50' 1014 Comer Section 4 (dea Gana t or Tiooz 37) 1932 0LO Bross Cop Canten'am, of Smiths Fork Rood 57/4 Corner Section 4 (e15o Comer 4 of Trocl 37) 1532 CLO Bross Cop Map Showing Wide Open Spaces, LLC Proposed Powerline Jerry Marilyn Hamblin Property Located in Tract 37, Section 4 T26N, R118W, 6th P.M. Lincoln County, Wyoming 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. S94