HomeMy WebLinkAbout968798When Recorded Return to:
Ronald B. Merrill
Bryan Cave HRO
1700 Lincoln Street, Suite 4100
Denver, Colorado 80203
RECEIVED 12/31/2012 at 4:02 PM
RECEIVING 968798
BOOK: 801 PAGE: 725
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
POWERLINE EASEMENT AGREEMENT
1. Grant of Easement. For and in consideration of the sum of One ($1.00) Dollar and
other good and valuable consideration, C Five Investment, LC, a Utah limited liability company
"Grantor does hereby give, grant, bargain, and convey to TBB Investments, Ltd., a Utah
limited liability company "Grantee and to Wide Open Spaces, LLC, a Wyoming limited
liability company "Facilities Owner and their 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
herein 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 Tract, for purposes of this
Agreement, shall be limited to the area that is 20 feet on either side of the power line that is
initially constructed as part of the Facilities, and the Easement Tract shall not include the entire
property described on Exhibit A, but only the 40 foot easement area for the Facilities. 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. Facilities Owner and Grantee shall have the right at all times, to enter
upon the Easement Tract to do all things necessary for the construction, reconstruction and
maintenance of said Facilities. The obligation to maintain the Facilities shall be the obligation of
Facilities Owner, and Facilities Owner 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 Facilities Owner or its employees, agents, contractors and licensees in
connection with the Easement. Grantee and Facilities Owner 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 additionai
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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 Facilities
Owner or 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 Facilities Owner, then Facilities Owner 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 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, and subject to
the requirements of Facilities Owner, Grantor shall be allowed 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. Grantor 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 Grantor be allowed to connect for usage beyond
normal residential (limited to 3 residences) usage and normal farm and /or ranch usage without
the prior written consent of Facilities Owner.
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 �r 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 granted in order to allow Grantee to have to hold said
easement and right -of -way unto Grantee, and unto its successors and assigns forever.
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GRANTOR:
C FIVE INVESTMENT, LC,
a Utah limited liability company
By:
GRANTEE:
TBB INVESTMENTS, LTD.,
a Utah limited liability company
By:
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STATE OF UTAH
COUNTY OF DAVIS
On the day of December, 2012, C RCOLei personally appeared before me,
the undersigned notary public, and he being persd a11y known tb me or making himself known to
me by credible evidence, upon being duly sworn, declared and acknowledged to me that he
executed the fo .o>, g instrument as the
Utah limiteabi comp
Notar ublic
Address: PG c (C) 4--.S
Commission Expires. ci z p �tS
STATE OF UTAH
COUNTY OF DAVIS
of C Five Investment, LC, a
SHERRIE TRYTHALL
Notary Public State of Utah
My Commission Expires on:
July 26, 2015
Comm. Number: 611957
On the day of December, 2012, t I N-vreAS (personally appeared before me,
the undersigned notary public, and he being personally known to me or making himself known to
me by credible evidence, upon being duly stern, decl ed d acknowledged to me that he
executed the foregoing instrument as the neeiertA of TBB Investments, Ltd., a
Utah limite s 1• lity co j ny.
otary Public
AddressPO (O FaC
Commission Expires:
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SHERRIE TRYTHALL
Notary Public State of Utah
My Commission Expires on:
July 26, 2015
Comm. Number: 611957
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SHERRIE TRYTHALL
Notary Public State of Utah
My Commission Expires on:
July 26, 2015
Comm. Number: 611957
EXHIBIT A
Description of Easement Tract
The following described real estate, situate in Lincoln County, Wyoming:
Resurvey
Township 27 North, Range 118 West of the 6th P.M., Lincoln County, Wyoming
Tracts 72, 73, 74 and 75, and a portion of Tract 66 described as follows:
BEGINNING at Corner No. 1 of said Tract 66 and running thence S 06 °08' W, 1212.08 feet,
more or less, along Line 1 -11 of said Tract 66 to a point lying N 06 °08' E, 100.00 feet from
Angle Point 11 thereof;
thence S 89 °54' W, 1324.66, more or less, to a point lying N 6 °13'E, 100.00 feet along the
northerly extension of Line 6 -5 of said Tract 66;
thence S 6 °13' W, 100.00 feet along said line extension to said Angle Point 5;
thence S 89 °23' W, 1323.96 feet along Line 5 -4 of said Tract 66 to Angle Point 4 thereof;
thence N 6 °09' E, 1314.72 feet along Line 4 -3 of said Tract 66 to Angle Point 3 thereof;
thence N 89 °25' E, 1323.96 feet along Line 3 -2 of said Tract 66 to Angle Point 2 thereof;
thence N 89 °58'48" E, 1324.14 feet along Line 2 -1 of said Tract 66 to the POINT OF
BEGINNING.
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007 27
A parcel of land located in Resurvey Tract No. 66, within Section 28, Township 27 North, Range
118 West, 6th P.M., Lincoln County, Wyoming, being more particularly described as follows:
EXHIBIT B
Description of Benefitted Property
The following described real estate, situate in Lincoln County, Wyoming:
Resurvey
Township 27 North, Range 118 West of the 6th P.M., Lincoln County, Wyoming
Tracts 61, 62 and 63.
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