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HomeMy WebLinkAbout977886REV05232014 Return to: Rocky Mountain Power Lisa Louder/Randy Privett 1407 West North Temple Ste. 110 Salt Lake City, UT 84116 Project Name: Conroy Street relocation Diamondville, WY WO 5928040 RW For value received, Carol Deno, "Grantor hereby grants to PacifiCorp, an Oregon Corporation, d/b /a Rocky Mountain Power its successors and assigns, "Grantee an easement for a right of way 10.0 feet in width and 5.0 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 thereto, including without limitation: supporting towers, poles, props, guys and anchors, including guys and anchors outside of the right of way; wires, fibers, cables and other conductors and conduits therefore; and pads, transformers, switches, vaults and cabinets, on, over, or under the surface 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 "A" attached hereto and by this reference made a part hereof: Legal Description: An easement for a power line within parcels 47 of the 1942 plat of the Town of Diamondville, Wyoming, as described and recorded in book 426 PR page 529 on file in the Lincoln County Clerk's Office and herein after referred to as the Deno Parcel. Said easement being 10.0 feet in width, 5.0 feet measured perpendicular to the following described center line: Commencing at the northeast corner of Lot 1 of Block 13 of the 1942 plat of the Town of Diamondville, Wyoming, where is found a 5/8 inch rebar; Thence S79 °07'30 "W, 30.01 feet along the northern boundary of said Lot 1 to the northwest coner of said Lot 1, where is found a 1.5 inch aluminum survey cap; Thence N30 °09'39 "E, 68.47 feet to a point; Thence N57 °23'41 "E, 22.27 feet to a point; 977886 8/7/2014 3:01 PM LINCOLN COUNTY FEES: $21.00 PAGE 1 OF 4 BOOK: 837 PAGE: 441 EASEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK 1111111111111111111E11111 II II I 1111111111111111111111111111111111111111111111 RIGHT OF WAY EASEMENT Page 1 of 3 Thence continuing N57 °23'41 "E, 150.40 feet to a point on the west boundary line of said Deno Parcel; Thence continuing N57 °23'41 "E, 3.58 feet td existing fence; Thence continuing N57 °23'41 "E, 1.28 feet tothe Point of the Beginning of this description; Thence continuing N57 °23'41 "E, 20.00 feet to the point of terminus of this description. The centerline of said easement, described herein being 20.00 feet in length. Assessor Parcel No. Together with the right of access to the right of way from adjacent lands of Grantor for all activities in connection with the purposes for which this easement has been granted; and together with the present and (without payment therefore) the future right to keep the right of way and adjacent lands clear of all brush, trees, timber, structures, buildings and other hazards which might endanger Grantee's facilities or impede Grantee's activities. 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 right of way. 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. The rights and obligations of the parties hereto shall be binding upon and shall benefit their respective heirs, successors and assigns. To the fullest extent permitted by law, each of the parties hereto waives any right it may have to a trial by jury in respect of litigation directly or indirectly arising out of, under or in connection with this agreement. Each party further waives any right to consolidate any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. Dated this 7-g" day of. L 2014. Page 2 of 3 Carol Deno GRANTOR Carol Deno GRANTOR Acknowledgement by an Individual Acting on His Own Behalf: STATE OF t )110_ 1006 ss. County of ci_„„„ �q On this 7 day of Notary Public in an J` for said aOE U€r\ person whose name is subscribed to the within instrument, and acknowledged to me that (he /she /they) executed the same. IN WITNESS WHEREOF, I have hereunto set day and year in this certificate first abo CHRISTY MISPLAY NOTARY PUBLIC County of d'`, State of Lincoln Wyoming My Commission Expires It 18 State, (name), known or identified to me to be the OTARY PUB esiding at: My Commission Expires: Page 3 of 3 20 before me, the undersigned personally appeared y hand and affixed my official seal the 1 10 ieS (state) (city, state) (dlmlY) NOTE: SW 1/4 VICINITY MAP 1000 0 1000 2000 S4Ne: I 1000 �IO TI� 4 TRACT 48 5 In the opinion of Crank Companies, Inc. the meets and bounds description of Parcels 47 and 48 given In the Affidavit of Survivorship on file in the Office of The Clerk of Lincoln County, Wyoming is in error. This opinion Is based on: 1. The Locations of the Houses. 2. The remnant of the Old Railroad Grade. 3. The former location of the corner SE corner of the Bridge. 4. The current Location of the South Quarter Corner of Section24. 5. COI's record Location of the South Quarter Corner of Section 23. 6. The Original 1942 Field Notes, which refer to and /or measure the locations all of the aforementioned features. 7. The two southerly metal fence posts formerly located in front of the westerly of the two houses. In our opinion the current legal description incorrectly places the parcels 50 feet westerly, along their common frontage, of their intended locations. For purposes of this survey, we have placed these parcels and written the affected easement descriptions in accordance with our found physical evidence. The square footage of the parcels has remained the same; only their location has changed. It is our opinion that a corrective deed should be issued In order to harmonize the current meets and bounds description with the Intent of the 1942 surveyor. 44( Comparing, Incorporated Coo Land Surveying Engineering Land Surveying 41 US. HWY. 30/189. 0lamoodrilla, Wyoming Boa 365 Olamondoilla. Wyoming 83116 PHONE:(307) 877 -9093 FA04307)877 -6351 TRACT 46 —h) P m m m re TRACT 38 DESIGNED DY: OA DRAWN 13Y: AD CHECKED DY: RRK APPROVED BY: TOG CITY PARK COIRO`! S1 JOB NO.: 4742 -14 DATE: 04 -01 -14 BK k PD.: 349-15 5 FILE NAME:4742 LEGAL! 01 N0. 4 DATE 3 1457' 23' 41't BLACK 13 22.27 2 T0w1 of O\A' DESCRIPTION 60 -0 LOCATION MAP a w 46lc 1' 60' 110 RECORD LOCATION OF DENO PARCELS (SEE NOTE) TR TR EXIST. POWER (TYP.) SECTION 24 SECTION 25 MAP OF POWERLINE AND GUY WIRE EASEMENTS IN DENO PARCEL PARCELS 47 AND 48, 1942 PLAT, TOWN OF DIAMONDVILLE, LINCOLN CO., WYOMING TR TR SHEET OF 3 3 7