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HomeMy WebLinkAbout977885977885 8/7/2014 3:00 PM LINCOLN COUNTY FEES: $24.00 PAGE 1 OF 5 BOOK: 837 PAGE: 436 EASEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK REV05232014 1IIIIIIIIIIII IIII IIIIIIII II 1IIIIIIIIIIIIIIIII IIII IIIII IIOI IIIIIIIIIIII 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 Legal Description: See exhibit A and B RIGHT OF WAY EASEMENT 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 B" attached hereto and by this reference made a part hereof: 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 Page 1 of 3 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. 6 1 00), X „E Carol Deno Dated this 1 day of GRANTOR Carol Deno GRANTOR ,20 Acknowledgement by an Individual Acting on His Own Behalf: STATE OF IA) 61 t ss. County e am! fl (Din On this 7 day of 20 before me, the undersigned Notar Public in and for said State, personally appeared V ,e60 (name), known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that (he /she /they) executed the same. Page 2 of 3 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first i ov itten. 1 4011111111111 rem- t c (Notary Signature) NOTARY P r BL `FOR (state) Residing at: et (c ity, state) My Commission Expires: CHRISTY t•:,,.:;rtr= r •NOTARY PUBLIC County of h� M State of Linc:�n;r,;' Wyoming My Comrvissin. Exi- re's Page 3 of 3 f D (dlmly) 579' 07' 30'7 �d1 N57 23' 41'5 20.00 N57 23 1 7 1 P 2 `N57' 23' 41'0 np 3.58 NEW GUY WIRE EASEMENT NEW POWER LINE EASEMENT NOTE: EQ TION 4 sw 1/4 I g TRACT 148 I VICINITY MAP 1000 0 1000 2000 Sc. 1' .1066' P In the opinion of Crank Companies, Inc. the meets and bounds description of Parcels 47 and 48 given in the Affidavit of Survivorship an 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 comer of the Bridge. 4. The current Location of the South Quarter Corner of Section24. 5. CCI'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. 4Crank 14 Land S Companies, Incorporated eed j Consulting Engineering Land Surveying 41 U5. HWY. 30/189, 019mondvlllo, Wyoming Box 365 Olamondvlllo. Wyoming 83116 PHONE:(307) 877 -9093 FAX:(307)877 -6351 00.5151200 BY: BA DRAWN 00: AD CHECKED UT: Mg APPROVED BY: TOC CITY PARK 1R CONRw ST JOB NO.: 4712 -I4 BATE: 08 -01 -18 RK H PO.: 349-15 Fes NAME:4712 LEGAL', 8' TR 1R TR 5 4 V11 �E 'TOO OF p1At N0. DATE N57 23' 41'E f3LOCK 13 3 a 22.27 2 P DESCRIPTION -0 LOCATION MAP 120 RECORD LOCATION OF DENO PARCELS (SEE NOTE) TRACT 46 1R TRACT 38 TR EXIST. POWER (TYP.) TR 1R TR TR 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 SHEET OF 1 Property Description An easement for a power line within Parcels 47 and 48 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 corner 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, 172.67 feet to the Point of Beginning of this description, said point of beginning being a point on the west boundary line of said Deno Parcel; Thence continuing N57 °23'41 "E, 3.58 feet to an existing fence; Thence continuing N57 23'41 "E, 1.28 feet to a point; Thence N81 °25'01 "E, 87.47 feet to the point of terminus of this description where is found a power pole. The centerline of said easement, described herein being 92.33 feet in length. z8(6 5;28040 downer Name: /J�IrIG wn By: EXHIBIT B SCALE: SHEET OF ROCKY MOUNTAIN POWER A DIVISION OF PACIFICORP