HomeMy WebLinkAbout954894RECEIVED 8/12/2010 at 12:05 PM
RECEIVING 954894
BOOK: 751 PAGE: 831
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
UTILITY
EASEMENT AGREEMENT
"O
THIS U ILI EASEMENT AGREEMENT (this "Agreement is made and
entered into this day of June, 2010, by and between the Town of Alpine,
Wyoming, a municipal corporation of the State of Wyoming (hereafter referred to as
"Grantor and North Star Utility, a Wyoming corporation (hereafter referred to as the
"Grantee
RECITALS
WHEREAS, Grantor owns that certain real property in Lincoln County, Wyoming
which is more particularly described as Lot 7 of Alpine West First Addition To The Town
Of Alpine, a subdivision of record in the Office of the Clerk of Lincoln County,
Wyoming as Plat No. 365 (the "Grantor Property
WHEREAS, the Grantor and Grantee previously entered into a Wastewater
Treatment Facilities Construction and Use Agreement on August 29, 2006 (as amended,
referred to herein as, the "Construction and Use Agreement
WHEREAS, Grantee is prepared to connect to the Grantor's main sewer lines in
order to deliver wastewater to the new sewer plant that was contemplated in the
Construction and Use Agreement;
WHEREAS, pursuant to Section 13 of the Construction and Use Agreement
Grantee intends to install a wastewater flow meter (the "Meter along Grantee' s force
main sewer line at a location preceding the connection point with the Grantor's main
sewer line for purposes of measuring and monitoring daily wastewater flows;
WHEREAS, electrical service is necessary to operate the Meter;
WHEREAS, the nearest point of origination for electrical service to operate the
Meter is located on the Grantor Property;
WHEREAS, Grantor desires to grant to Grantee, an express, non exclusive utility
easement on a portion of the Grantor Property according to the terms and conditions set
forth herein; and
WHEREAS, the Grantor and Grantee agree that the Grantor Property shall be the
property burdened by the easement rights granted herein.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing recitals, the sum
of TEN AND NO /100 DOLLARS ($10.00), and other good and valuable consideration,
in hand paid, receipt and sufficiency of which is hereby acknowledged and confessed,
Grantor and Grantee do hereby agree as follows:
1. Grant of Non Exclusive Easement. Grantor hereby grants to Grantee its
successors, assigns, employees, agents, contractors, licensees, and other invitees,
Utility Easement Agreement
(Town of Alpine /North Star Utility)
Page 1 of 6
specifically including Lower Valley Energy, a Wyoming cooperative utility company, a
non exclusive utility easement in, under, over and across that portion of the Grantor
Property (specifically described on Exhibit A attached hereto and incorporated herein by
this reference, the "Utility Easement for the purposes of constructing, operating,
placing, maintaining, inspecting, protecting, repairing, altering, substituting, relocating,
replacing and removing electrical service to the Meter, and such other underground and
aboveground appurtenances thereto as Grantee and its successors and assigns may from
time to time require or as applicable rules, regulations and laws may require from time to
time in connection with the Meter (collectively, the "Meter and Utilities Any above-
ground appurtenances referred to in the immediately preceding sentence shall be limited
to a four foot circumference around the Meter.
2. Installation, Improvement and Maintenance. Grantor further grants to
Grantee and its successors, assigns, employees, agents and contractors, specifically
including Lower Valley Energy, the additional right to enter onto the Grantor Property as
necessary from time to time for purposes of constructing, reconstructing, repairing,
replacing, monitoring and installing the Meter and Utilities. After the installation,
construction or repair of the Meter and Utilities and also after any later operation done or
caused to be done by Grantee which affects the Grantor Property or any part thereof,
Grantee shall promptly restore the surface grade affected thereby to the same condition it
was prior to such operations.
3. Reservation of Grantor. The Grantor reserves unto itself, its guests,
invitees, legal representatives, successors and assigns, the right to use the surface and
subsurface of the Utility Easement, provided such use does not unreasonably impair,
interfere with or obstruct the use of the Utility Easement by Grantee. The Grantor further
reserves unto itself, its successors and assigns, the right to grant additional easements in,
under, over and across the Utility Easement and the Grantor Property for any purpose as
Grantor deems necessary in Grantor's sole discretion provided such additional easements
do not unreasonably impair, interfere with or obstruct the use of the Utility Easement by
Grantee.
4. Restriction and Maintenance Costs. The costs of the installation,
maintenance, repair, monthly charges, and replacement of the Meter and Utilities shall be
at the sole obligation and expense of Grantee.
5. Survival; Construction. This Agreement shall survive execution,
delivery and recordation, and shall remain and continue in full force and effect. Any
recitals in this Agreement are represented by the parties to be accurate and constitute a
part of the substantive Agreement. This Agreement shall be construed in accordance with
the laws of the State of Wyoming. Venue is in Lincoln County, Wyoming.
6. Enforcement. If any party is required to take action to enforce the terms
and conditions of this Agreement, the defaulting party agrees to pay all costs incurred by
the non defaulting party, including attorney's fees whether suit is brought or not.
Utility Easement Agreement
(Town of Alpine /North Star Utility)
Page 2 of 6
A
7. Declaration. The Utility Easement shall be "in gross and shall inure to
the benefit of the Grantee, and Grantee's successors, legal representatives and assigns,
forever. The Grantor Property shall be the property burdened by the Utility Easement and
the rights granted herein. Grantor hereby declares that the Grantor Property shall be
owned, sold, conveyed, encumbered, leased, used, occupied and developed subject to the
Utility Easement and the terms and conditions set forth herein, which shall run with the
Grantor Property and shall be binding on all parties having or acquiring legal title or an
equitable interest in the Grantor Property, or any part thereof. This Agreement shall be
binding on the parties hereto, their successors and assigns.
8. No Assumption of Liability. Grantor, by granting the Utility Easement,
does not assume any responsibilities or liabilities with respect thereto, nor shall Grantor at
any time incur any liability for failure to comply with any law, ordinance, regulation or
order with respect to the Meter and Utilities contemplated herein. Grantee shall
indemnify, save and hold Grantor, its successors and assigns, harmless from any loss,
claim or liability arising out of, or attributable to, Grantee's use, maintenance (or lack
thereof) and occupation of the Utility Easement.
9. Notice. Any notice to be given or to be served upon any party hereto must
be in writing, and may be given by facsimile, or certified or registered mail and shall be
deemed to have been given and received upon confirmed transmission by facsimile, or the
day such notice is deposited with FedEx or another generally recognized overnight
courier, addressed to the appropriate party hereto, or when a certified or registered letter
containing such notice, properly addressed, with postage prepaid, is deposited in the
United States Mail. Such notices shall be given to the parties hereto at the following
address:
If to Grantor:
If to Grantee:
Town of Alpine
P.O. Box 3070
250 Highway 89
Alpine, Wyoming 83128
Fax: 307 654 -7454
North Star Utility
P.O. Box 610
330 N. Glenwood
Jackson, Wyoming 83001
Fax: 307 739 -0619
10. Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained herein.
Utility Easement Agreement
(Town of Alpine /North Star Utility)
Page 3 of 6
c t. n 33
11. Entire Agreement; Modification. This Agreement embodies and
constitutes the entire understanding between the parties with respect to the transactions
contemplated herein and all prior or contemporaneous agreements understandings,
representations, statements are merged into this Agreement. Neither this Agreement nor
any provision hereof may be waived, modified, amended, discharged, or terminated
except by an instrument in writing signed by the party against whom the enforcement of
such waiver, modification, amendment, discharge, or termination is sought, and then only
to the extent set forth in such instrument.
12. Counterparts. This Agreement may be executed in any number of
counterparts and each such counterpart hereof shall be deemed to be an original
instrument, but all such counterparts together shall constitute but one Agreement.
DATED as of the date first set forth above.
GRANTOR:
GRANTEE:
Town of Alpine,
a Wyoming municipal corporation
Attest:
By: ,/'t...ptdA P fr V ti°{'t Clerk
North Star Utility,
a Wyoming corporation
B
Name: '-Y S. /e0 5'["
Title: cf D/erc r' J OPro c.e-r-
(ACKNOWLEDGEMENTS ON FOLLOWING PAGE)
Utility Easement Agreement
(Town of Alpine /North Star Utility)
Page 4of6
834
STATE OF WYOMING
COUNTY OF
0 t
appeared
the basis of satisfactory evidence, to be the person whose name is subscribed within this
instrument and acknowledged to me that they executed the same in their authorized
capacity, and that by their signature on this instrument, the entities upon behalf of which
the person acted executed this instrument.
STATE OF WYOMING
COUNTY 0
Y PUBL'C
of
County of
Lincoln
MY COMMISSION EXPI
sa
CHRISTINE WAGNER NOTA
St
n;! Wyomi
expires:
WITNESS m
)ss
On his d. of
appeared personally known to me, or proved to me
on the basis of s isfactory evidence, to be the person whose name is subscribed within
this instrument and acknowledged to me that they executed the same in their authorized
capacity, and that by their signature on this instrument, the entities upon behalf of which
the person acted executed this instrument.
oa
CHRISTINE WAGNER NOTARY P
County of
State of
h,!�; oming
Lincoln COMMISSION EXPIR
WITNES
)ss
2010, before me personally
personally known to me, or proved to me on
eal.
tary Public
My commission
2010, before me personally
Notary Public
My commis ion expires:
Utility Easement Agreement
(Town of Alpine /North Star Utility)
Page 5 of 6
=835
EXHIBIT A
(Utility .Easement)
Utility Easement Agreement
(Town of Alpine /North Star Utility)
Page 6 of 6
836
LEGAL DESCRIPTION
OF
A UTILITY EASEMENT
LOCATED WITHIN
LOT 7, ALPINE WEST FIRST ADDITION TO THE TOWN OF ALPINE,
PLAT 365
LINCOLN COUNTY, WYOMING
A Utility Easement located within Lot 7 of Alpine West First Addition To The Town Of
Alpine, a subdivision of record in the Office of the Clerk of Lincoln County, Wyoming as
Plat No. 365, said easement more particularly described as follows:
COMMENCING at a 5/8" diameter steel rebar with aluminum cap inscribed "PLS
5368" marking the southwest corner of said Lot 7;
THENCE along said west line of Lot 7, N 03 °35'22 "W, 68.78 feet to a point being the
POINT OF BEGINNING;
THENCE continuing along said lot line, N 03 °35'22 "W, 20.00 feet to a point;
THENCE departing from said lot line, N 86°18'46"E, 33.96 feet to a point;
THENCE S 56 °06'31 "E, 28.26 feet to a point;
THENCE S 33 °53'29 "W, 20.00 feet to a point;
THENCE N 56 °06'31 "W, 21.45 feet to a point;
THENCE S 86 °18'46 "W, 27.19 feet to an intersection with said west lot line and the
POINT OF BEGINNING;
Said Utility Easement ENCOMPASSES an area of 0.03 Acres more or less
ALL AS SHOWN on the attached Exhibit.
Todd Cedarholm
Wyoming PLS No. 6447
On Sight Land Surveyors, Inc.
Jackson, Wyoming
C:\Land Projects 2004\ 09- 011\Docutnents \Agreements \UtilityEasmtLot \UTILITY EASEMENT_5- 26- 10.doc
PALISADES RESERVOIR
582 °15'31'
50.0'
P.O.B.
265 North Glenwood
P.O. Box 12290
Jackson, WY 83002
(307) 734 -6131
M LOT 7
POTENTIAL
RECREATION AREA
2.32 ACRES
PROJECT;. NO. 12- 37- 18 -20 -3
N86 °18'4
33.96'
0
0
S86 °18'46 "W
27.19'
ro
cd
5/27/10
358.5
LEG£dIQ
INDICATES A 5/8 INCH DIAMETER S7EEL REBAR W/171 ALUM /NUM CAP
INSCRIBED 'PLS 5388' FOUND 771/S SURVEY
S33 °53'29 "W
20.00'
N56 °06'31 "W
21.45'
256 °06'31 "E'
28.26'
POWER TRANSFORMER
3
ON SIGHT
LAND SURVEYORS
0 15 30 so
Di Fir
1 inch 30 ft
3.
LOT UNE
EASEMENT
ADJACENT LOT LINE
EXHIBIT
PREPARED FOR
NORTH STAR UTILITY COMPANY
SHOWING
PART OF LOT 7
ALPINE WEST FIRST ADDITION
TO THE TOWN OF ALPINE
PLAT 365
LINCOLN COUNTY, WYOMING
S38