The URL can be used to link to this page

Home My WebLink About9659112! When recorded return to Rocky Mountain Power L. Louder /S. Graff 1407 W North Temple, Room 110 Salt Lake City, UT 84116 Project Name: KEM 23 Project Tract Number: 4 WO 5611997 RW 20120038 UTILITY EASEMENT 00662 RECEIVED 8/3/2012 at 10:35 AM RECEIVING 965911 BOOK: 790 PAGE: 662 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY For value received, Foothills MHC, LLC, a Colorado limited liability company "Grantor hereby grants to PacifiCorp, an Oregon Corporation, d/b /a Rocky Mountain Power its successors and assigns, "Grantee a non exclusive easement 20 feet in width and 1828 feet in length, more or Less, for the construction, reconstruction, operation, maintenance, repair, replacement, enlargement, and removal of electric power transmission, distribution and communication lines and all necessary or desirable accessories and appurtenances "the Facilities thereto, including without limitation: supporting towers, poles, props, guys and anchors; wires, fibers, cables and other conductors and conduits therefore; and pads, transformers, switches, vaults and cabinets, along the general course now located by Grantee on, over, or under the surface of the herein described easement area of the real property of Grantor in Lincoln County, State of Wyoming more particularly described as follows and as more particularly described and/or shown on Exhibit(s) "A" attached hereto and by this reference made a part hereof: An easement across parts of Tracts 62 and 63 of T.21N., R.116W., 6TH P.M., Lincoln County, Wyoming, said easement being 20.00 feet wide, 10.00 feet on each side of the following described centerlines: COMMENCING at Corner 2 of said Tract 62, running thence N. 0 °09'32" E. 2038.73 feet along the East line thereof; thence N. 89 °50'28" W. 931.07 feet to the POINT OF BEGINNING, said point of beginning lying on the North line of that parcel of land described in the Special Warranty Deed recorded in Book 618, Page 536 of the Lincoln County Records; thence S. 0 °01'42" E. 648.90 feet to a point to be known as Point "A thence S. 4 °18'11" W. 328.98 feet to a point to be known as Point `B thence N. 89 °44'32" W. 744.93 feet, more or less, to a point on the West line of said parcel of land described in the Special Warranty Deed recorded in Book 618, Page 536 of the Lincoln County Records, the POINT OF ENDING of this portion of the easement. Also, BEGINNING at said Point "A running thence S. 87 °51'45" E. 35.00 feet to the POINT OF ENDING of this portion of the easement. Also, BEGINNING at said Point `B running thence S. 89 °44'32" E. Page 1 of 4 35.00 feet to the POINT OF ENDING of this portion of the easement. Also, BEGINNING at said Point `B running thence S. 4° 18' 11" W. 35.00 feet to the POINT OF ENDING of this portion of the easement. Said easement being 1827.81 feet, more or less, in length, with the sidelines of the easement (excepting those portions starting at Point "A" and Point `B closing on said North and West lines of said parcel of land described in the Special Warranty Deed recorded in Book 618, Page 536 of the Lincoln County Records. Assessor Parcel No.: 2116- 13 -2 -00- 032.00 0066` Together with the right of access within the easement area for all activities in connection with the purposes for which this easement has been granted; and together with the present and (without payment therefor) the future right to keep the easement area clear of all brush, trees, timber, structures, buildings and other hazards which might endanger Grantee's facilities or impede Grantee's activities. Grantee shall have the right of access to the easement from adjacent lands of Grantor upon prior consent of Grantor which shall not be unreasonably withheld. Following any construction, repairs, replacement, or maintenance necessary or desirable for the operation and maintenance of Grantee's Facilities requiring disturbance of Grantor's property, Grantee shall repair and restore Grantor's property to a condition substantially similar to, or better than, the condition immediately prior to such disturbance. At no time shall Grantor place, use or permit any equipment or material of any kind that exceeds twelve (12) feet in height, light any fires, place or store any flammable materials (other than agricultural crops), on or within the boundaries of the easement. Subject to the foregoing limitations, the surface of the right of way may be used for agricultural crops and other purposes not inconsistent, as determined by Grantee, with the purposes for which this easement has been granted. During the course of Grantee's use of the easement and any construction, repairs, replacement, or maintenance necessary or desirable for the operation and maintenance of Grantee's Facilities, Grantee shall not interfere with Grantor's operations or use of Grantor's property as a mobile home park or other commercial activities. Grantee will defend and indemnify and hold harmless Grantor from and against liability, damage, loss, costs, and expenses, including attorney's fees, on account of injury or damage to persons or property occurring on or occasioned by facilities owned or controlled by Grantee or by its agents, employees and assigns, unless such injury or damage resulted from the sole negligence of the Grantor. The term of this easement shall be perpetual, and shall terminate automatically upon abandonment and removal of Grantee's Facilities from the easement. Page 2 of 4 This easement is conditional upon the continued use of Grantor's property as currently constructed as a mobile home park. In the event the Facilities interfere with Grantor's future development of Grantor's property, Grantor shall have the right to seek relocation of the Facilities by providing notice to Grantee. Grantee agrees to relocate the Facilities, provided Grantor provides a reasonable substitute location on Grantor' s land memorialized by a substitute or amended easement agreement. Such relocation shall be performed when Grantee is capable of disconnecting the Facilities from its electrical system without interruption of service to its customers. The rights and obligations of the parties hereto shall be binding upon and shall benefit their respective heirs, successors and assigns. Dated this 1 day of Page 3 of 4 [signature and notary on following page] 2012. 00664 STATE OF C COUNTY OFVq- `O��`Z�� By: Its: Foothills MHC, LLC, a Colorado limited liability company REPRESENTATIVE ACKNOWLEDGMENT This instrument was acknowledged before me on this b y �T t,') v��L -k as Q-5 'r -P%- Colorado limited liability company. z.f NOTAR) et 0 PUBLAG 4,1,, Explt um [SEAL] om ission e Notary Public Page 4 of 4 00665 day of <�J 2012, of Foothills MHC, LLC, a My commission expires: Property Description Tracts: PART of 62 63 Township: 2 t N (N or 5), Range I I G W (E or W), 6th P.M. Meridian County: Lincoln State: Wyoming Parcel Number: 1 OWNER: LEONAL TINA ALARCON PART of TRACT 63 OWNER: KEVIN 5. ORVIN ETAL PART of TRACT 63 OWNER: RICHARD A. NIMER FAMILY LTD PARTNERSHIP PART of TRACT 63 OWNER: WILUAM D. 5HAUNA Y. TRUSTEES PART of TRACT 63 OWNER: FOOTHILLS MHC. LLC PART of TRACTS 62 *63 geg o n.� fine} EXISTING POWERLINE POINT OF BEGINNING OWNER: BLM POINT W CL PROPOSED EASEMENT POINT'B' N 89 °44'32" W, 744.93 OWNER' 5 4°18'11" W, 35.00' o BURG ENTERPRJ5ES, LLC OWNER: PART of TRACT 63 FOOTHILLS MHC. LLC PART of TRACTS 624 63 1 5 87 °51'45" E, 35.00' 00666 N 89 °50'28' W 931.07' CORNER 2 TRACT 62 -5 4°18'11" W, 328.98' 5 89 °44'32" E, 35.00' Landowner Name: Foothills MHC. LLC Drawn by: Jeff Henderson EXf 1113IT A This drawing should be used only as a representation of the location of the easment being conveyed. The exact location of all structures, lines and appurtenances is subject to change within the boundaries of the described easement area. PacifiCorp I SCALE: 1' =2O0' I Property Description Tracts: 62 4 63 Township: 21 N (N or 5), Range 1 1 W (E or W), 6th P.M. Meridian County: Lincoln State: Wyoming Parcel Number: Legal Description An easement for utilities across parts of Tracts 62 and 63 of T21 N. Ri 16W, 6T11 P.M., Lincoln County, Wyoming, said easement being 20.00 feet rude, 10.00 feet on each side of the following described centerlines: COMMENCING at Corner 2 of said Tract 62, running thence N 0 °05'32' E, 2038.73 feet along the East line thereof; thence N 89 °50'28' W, 931.07 feet to the POINT OF BEGINNING, said point of beginning lying on the North line of that parcel of land described in the Special Warranty Deed recorded in Book 618, Page 536 of the Lincoln County Records; thence 5 0°01'42' e, 648.90 feet to a point to be known as Point "A thence 5 4°18'1 I' W, 328.98 feet to a point to be known as Point "B thence N 89 °44'32' W, 744.93 feet more or less, to a point on the West line of said parcel of land described in the Special Warranty Deed recorded in Book 618, Page 536 of the Lincoln County Records, the POINT OF ENDING of this portion of the easement. Also, BEGINNING at said Point "A running thence 5 87 °51'45' E, 35.00 feet to the POINT OF ENDING of this portion of the easement. Also, BEGINNING at said Point "B running thence 5 89 °44'32° E, 35.00 feet to the POINT OF ENDING of this portion of the easement. Also, BEGINNING at said Point "6 running thence 5 4° 18' 11' W, 35.00 feet to the POINT OF ENDING of this portion of the easement. Said easement being 1827.81 feet, more or less, in length, with the sidelines of the easement (excepting those portions starting at Point "A' and Point "B') closing on said North and West lines of said parcel of land described in the Special Warranty Deed recorded in Book 618, Page 536 of the Lincoln County Records. 0066" Landowner Name: Foothills MIIC. LLC Drawn by: Jeff Henderson EXHIBIT B This drawing should be used only as a representation of e-.11 ion of the easment being conveyed. The exact location of all structures, lines and appurtenances is subject to change within the boundaries of the described easement area. PacifiCorp SCALE: NTS