HomeMy WebLinkAbout970920KNOW ALL MEN BY THESE PRESENT:
UTILITY DISTRIBUTION EASEMENT
That the undersigned, "Grantor for a good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby grant, convey and warrant unto, any Utility Cooperative Corporation, of Afton,
Thayne and Jackson, Wyoming and to their successors and assigns, "Grantees a perpetual easement and
right of way for the construction and continued maintenance, repair, alteration and replacement of the
underground general utilities, not limited to but including: electric distribution circuit, line (s); natural gas
or propane distribution lines, telephone communications and their equipment of the Grantee to be
constructed and maintained under, upon and across the premises of Grantor in Lincoln County, State of
Wyoming, along a line described as follows, to wit:
A strip of land located in N1 /2SW 1/4, Section 10, T36N R119W, Lincoln County Wyoming
Legal description per attached legal prepared by SURVEYOR SCHERBEL, LTD. Titled LOWER
VALLEY ENERGY, INC. KIBBIE UTILITY EASEMENT No.1
Easement to include a strip of land 20 feet in width, together with all necessary and reasonable rights of
ingress and egress and to excavate and refill ditches and trenches for the location and repair of said
facilities and to cut, trim, spray herbicides, or remove trees, shrubbery, undergrowth or other obstructions
interfering with the repair and maintenance of the facilities.
The Grantor acknowledges that Electric and Magnetic Fields (EMT) are naturally occurring in the
transmission or distribution of electricity, and that the grantee has here notified Grantor that EMF testing
and information is available upon request from the Grantee. This Easement by Grantor is intended to
include so much space as is necessary or appropriate to the presence of EMF and reasonable operation of
the Grantee's Distribution lines.
Grantor agrees that all wires, conduits, pipe and other type facilities, installed on or under the described
lands shall remain the property of the Grantee removable in the sole discretion of the Grantee at the
Grantee's expense. The rights, conditions and provisions of this Easement shall inure to the benefit of and
be binding upon the parties, their heirs, executors, administrators, successors and assigns. Grantor shall
compensate Grantee for any damages to Grantee's facilities caused by Grantor, including payment of
Grantee's attorney fees if action is undertaken by Grantee to enforce the commitments described in this
easement. Grantor reserves the right to improve, occupy and use this easement for all purposes not
inconsistent with the easement grant. Each party shall have the remedy of specific performance regarding
this easement. The rights and obligations described in this easement shall run with the land. This easement
is not exclusive, and Grantor retains all rights not specifically granted by this easement. This is the entire
agreement of the parties regarding this easement, except as may be set forth in writing after the date of this
easement and signed by the parties. Grantor her releases and waives all right by virtue of the Homestead
Exemption Laws of Wyoming.
RECEIVED 5/9/2013 at 4:25 PM
RECEIVING 970920
BOOK: 811 PAGE: 308
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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PRINT NAME
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PRINT NAME
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Paige Halligan
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My Commission Expires
August 16, 2014
STATE OF UTAH
NATURE
WITNESS the hand of the Grantor, this 23 day of Apyi 1 2013.
STATE OF mod (not h
COUNTY OF;1444E0M &A f take.
The foregoing instrument was acknowledged before me by f Mick (g1 ki hh i e owd
00309
this 2 day of April 2013.
(Seal)' Witness my hand and official seal.
Professional Land Surveyors
PAUL N. SCHERBEL
Wyo. Registration No. 164
Utah Registration No. 1670
Idaho Registration No. 3990
Nevada Registration No. 6805
SCOTT A. SCHERBEL
Wyo. Registration No. 3889
Utah Registration No. 372111
Idaho Registration No. 8026
MARLOWE A. SCHERBEL
Wyo. Registration No. 5368
KARL F. SCHERBEL
Wyo. Registration No. 11810
Idaho Registration No. 13493
CFEDS No. 1223
Surveyor Scherbel, LTD.
Afton, Wyoming
Big Piney, Wyoming
Jackson, Wyoming
Lava Hot Springs, Idaho
Montpelier, Idaho
DESCRIPTION FOR
LOWER VALLEY ENERGY
KIBBIE UTILITY EASEMENT No. 1
To -wit:
6 February 2013
0 3.0
A strip of land, twenty (20) feet in width, for ingress, egress and utilities over, under and
across the south twenty (20) feet of the following described tract:
That part of the NE /4SW /4 of Section 10, T36N R119W, Lincoln County, Wyoming, it
being a part of that tract of record in the Office of the Clerk of Lincoln County in Book
398 of Photostatic Records on page 179, as follows:
BEGINNING at the intersection of the westerly right -of -way line of U.S. Highway 89 and
the southerly right -of -way line of McNeel Power Plant County Road No. 12 -104, S80
57'-14"E, 2,027.21 feet from the northwest corner of the SW1 of said Section 10;
thence N04 11' -25 "W, 100.35 feet, along said westerly right -of -way line of U.S. Highway
89, to a southeast point of that tract of record in said Office in Book 310 of Photostatic
Records on page 39;
thence N89 23' -04 "W, 520.29 feet, along the southerly line of said tract in Book 310, to a
point;
thence S00 57' -12 "W, 50.00 feet, to spike on the centerline of said McNeel Power Plant
County Road 12 -104;
thence S00 36' -56 "W, 50.00 feet, to a point on said south right -of -way line of said
County Road;
thence S89 23' -04 "E, 528.99 feet, along said south line, to the INTERSECTION OF
BEGINNING;
each "intersection" and "point" marked by a 5/8" x 24" steel reinforcing rod with a 2"
aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with
appropriate details;
each "corner" found as described in the Corner Record filed or to be filed in the Office of
the Clerk of Lincoln County;
the BASE BEARING for this survey is the east line of the SE' /a of Section 9, T36N
R119W, being N00 04' -42 "E;
all in accordance with that plat of record in the Office of the Clerk of Lincoln County with
Accession No. 959040 titled, "PLAT OF SURVEY FOR MICHAEL KIBBIE AND
CARLA S. KIBBIE OF TRACT WITHIN THE E1/2SW /4 SECTION 9 SW1 SECTION
10 T36N R119W LINCOLN COUNTY, WYOMING dated 25 January 2003, as revised.
Ulf
"Modification in any way of the foregoing description terminates liability of RFie3gurveyorke Kibbie