HomeMy WebLinkAbout954906POWERLINE EASEMENT AGREEMENT
1. Grant of Easement. For and in consideration of the sum of One ($1.00) Dollar
and other good and valuable consideration, ,'p r 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 954906
BOOK: 751 PAGE: 870
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
2�
rke 871
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
11
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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-C ntee
o pay an, related th an d s h a i
-any 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.
GRANTOR:
By: a a JDDL
GRANTEE:
By:
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.
WIDE OPEN SPACES LLC, a Wyoming limited
liability company
STATE OF
COUNTY OF
STATE OF -ezi
ss.
The foregoing instrument was acknowledged before me by
40 Yn firis7 p`l 6- d''''. of
Pareall Alfre
WITTNESS my hand and official seal.
My commission expires: .5 c)-O
NaDeno Dana NOTARY PUBLIC
County of A\ State of
Lincoln «r''+ ,I Wyoming
My Commission Expires May 20, 2013
ss.
COUNTY OF
The foregoing instrument was acknowledged before me by
d uNn2 J i as /0'1 et r f
LLC, a Wyomin liiiited liability company.
WITNESS my hand and official seal.
My commission expires: 5 U .3 Di"
NaDene Dana NOTARY PUBLIC
County of �x State of
Lincoln o. Wyoming
My Commission Expires May 20, 2013
Notary Public
of Wide Open Spaces
EXHIBIT A
Description of Easement Tract
75
1
Sa
0
LEGEND
8
LL
S V W Corner
Section 4
Comer 3 of
Trott 37)
1932 010
Bross Cop
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.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.
Higley Property
ATC4
ANY MANGE. ADDITION OR DELETION (WARY p9RtOFT19SOFSoe8TeN WILL ACT ro
vow ANYWMRANIYORR08P 8* 179, =PAM 0R ROLM. ANTI MAY HAVE
TOWARDS n* ae 1ECT nR®ony.
906 Main Street
SURVEYING Evanston, Wyoming 82930
Phone No. (307) 789 -0545
T26N, R118W, 6th P.M.
Poytosh
Property N002C20'W.256.
Property Zile
Telchert Brothers LLC
Property
Centerline of
Smiths Fork Rood
NO52254 87.54'
N0622'54'E 50.32'
N89 54'38 "E, 2639.40'
Point A"
PO.e
28853'
Centerline of
Proposed Power /ire
S7/4 Comer
Section 4
(obc Comer 4
of Trott 37)
1932 40
Bros: con
LEGAL DESCRIPTION
An easement for powertine purposes located in the Tract No. 37, Section
4, T26N, RI18W, 6TH P.M, Lincoln County, Wyoming, said easement
being 20.00 feet wide, 10.00 feet on each side of the following described
centerline:
Commencing at the Southeast comer of said Tract No. 37 (also the
South one-quarter comer of Section 4,126N, R118W) and running
thence S 89 5438' W, 288.83 feet along the South line thereof thence
N 0622'54'E, 50.32 feet to the POINT OF BEGINNING, said point
lying on the South line of the Paytosh properly,
thence continuing N 0622'54' E. 87.54 feet to a point to be known as
Point A';
thence N 00°2620"W, 256.60 feet to the POINT OF ENDING of this
part of said easement, said point lying on the Northerly line of said
Paytosh property;
Also BEGINNING at said Point A' and running thence S 87°01'43" E,
30.00 feet to the POINT OF ENDING of this part of said easement
Said easement being 374.14 feet or 22.68 rods in length.
Map Showing
Wide Open Spaces, LLC
Proposed Powerline
Across Paytosh Property
Located in Tract 37, Section 4
T26N, R118W, 6th P.M.
Lincoln County, Wyoming
Project No. 07 -115 Date: 11/18/07
J
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.
EXHIBIT B
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