HomeMy WebLinkAbout970921KNOW 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 N1/2SW1/4, 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.2
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.
00311
RECEIVED 5/912013 at 4:29 PM
RECEIVING 970921
BOOK: 811 PAGE: 311
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER WY
PRINT NAME
kArii its LR
PRINT NAME
WITNESS the hand of the Grantor, this ,,Za day of
VTR t4
STATE OF
SALT LAKE
COUNTY OF LINCOLN
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The foregoing was acknowledged before
at/tot k Nay ��his
(Seal)'
VICKI A. GUNNERSON
NOTARY Pt LIC•SDITEOF
COMMISSIONS 663729
COMM. EXP. 02.19.2017
/AT P- I tJE F",
PRINT NAME
k Pv ci4 7)
PRINT NAME
VICKI A. GUNNERSON
NOTARY PUBLIC•STATEOF UTAH
COMMISSIONS 663729
COMM. EXP. 02.19.2017
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WITNESS the hand of the Grantor, this ,Aa day of
UTA
STATE OF 6 6ibt'iNe:
SALT LA K E
COUNTY OF hdeetPN:
eas e►M e
The foregoing instalment was acknowledged before me by
a t `<a+keri F. Na I or, this
(Seal)'
Apr; I 2013.
a l e r
day of Ap P 1 1 2013.
Witness my hand and official seal.
Notary Public
a.
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SIGNATURE
Kehvle-H' ID Nay for
a day of Apr; 2013.
Witness my hand and official seal.
Notary Public
2013.
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PRINT NAME
(Seal
SUE E. GRIFFIN
COUNTY OF
LINCOLN
NOTARY PUBLIC
STATE OF
WYOMING
PRINT NAME
PRINT NAME SIGNATURE
Notary Public
SIGNATURE
SIGNATURE
WITNESS the hand of the Grantor, this day of 2013.
STATE OF WYOMING:
COUNTY OF LINCOLN:
The foregoing instrument was acknowledged before me by OIY-i
this 3 day of 1 C 2013.
Witness my hand and official seal.
cLLQ. t ()-11
Notary Public
WITNESS the hand of the Grantor, this day of 2013.
STATE OF WYOMING:
COUNTY OF LINCOLN:
The foregoing instrument was acknowledged before me by
,this day of ,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, INC.
KIBBIE UTILITY EASEMENT No. 2
To -wit:
0314
A strip of land, twenty (20) feet in width, for ingress, egress and utilities over, under and
across the north twenty (20) feet of Tract R and Last Cast Drive, and the north twenty (20)
feet of Lot 45, as depicted on that plat of record in the Office of the Clerk of Lincoln
County with Accession No. 932861, titled "SALT RIVER COVE DIVISION NO. 2
SECOND FILING WITHIN N' /2SW' /4 SECTION 10, T36N R119W, LINCOLN
COUNTY, WYOMING dated 1 August 2007, as revised.
6 February 2013
"Modification in any way of the foregoing description terminates liability of the surveyor"