HomeMy WebLinkAbout978611978611 9/30/2014 11:23 AM
LINCOLN COUNTY FEES: $27.00 PAGE 1 OF 6
BOOK: 840 PAGE: 499 EASEMENT
JEANNE WAGNER, LINCOLN COUNTY CLERK
I II III II II IIII
El
II 111111111111111 IIIII IIII0II
UNDERGROUND UTILITY EASEMENT
UNDERGROUND UTILITY EASEMENT
ALPINE AIRPARK REFUGE, INC.
PAGE 1 OF 2
II III IIII
THIS UNDERGROUND UTILITY EASEMENT effective this 2 6-t day of
September, 2014, is granted by ALPINE AIRPARK REFUGE, INC., a Wyoming corporation,
4235 Lake Creek Farm Road, Heber, Utah 84032, hereafter "Refuge
WHEREAS, Refuge, pursuant to Warranty Deed that was recorded in the land records of
Lincoln County, Wyoming on December 28, 2012 in Book 801 at Pages 471 through 472 -B as
Receiving No. 968726, owns that property in Lincoln County, Wyoming that is identified as Lots
6 and 7 of The Refuge Phase II, as shown on the Plat filed in the land records of Lincoln County,
Wyoming on August 14, 2014 as Receiving No. 977993, hereafter, the "Plat and
WHEREAS, on the Plat, Refuge has granted utility easements "to all utility companies,
their heirs, successors and assigns, including but not limited to, Lower Valley Energy, Silver Star
Communications, CenturyLink, and North Star Utility" for ":the underground installation and
maintenance of all utilities including, but not limited to, water, sewer, power, telephone, cable
television, gas, storm water drainage and irrigation facilities appurtenant to" The Refuge Phase II;
and
WHEREAS, Refuge desires to establish an additional underground utility easement for
similar purposes.
NOW, THEREFORE, Refuge hereby grants the following easement:
1. GRANTEES. To all utility companies, their heirs and/or successors and assigns,
including but not limited to, Lower Valley Energy, Inc., Silver Star Telephone Company, Inc.,
doing business as Silver Star Communications, CenturyLink, Inc., and North Star Utility,
Grantees.
2. PURPOSE. The easement shall be for the purpose of the underground
installation and maintenance of all utilities including, but not limited to, water, sewer, power,
telephone, cable television, gas, storm water drainage and irrigation facilities appurtenant to" The
Refuge Phase II.
3. EASEMENT. The easement is in the areas of The Refuge Phase II that are
described in the "DESCRIPTION FOR ALPINE AIRPARK REFUGE, INC. TWENTY (20)
FOOT UTILITY EASEMENT ACROSS LOT 6 OF THE REFUGE PHASE II and the
"DESCRIPTION FOR ALPINE AIRPARK REFUGE, INC. TWENTY (20) FOOT UTILITY
EASEMENT ACROSS LOT 7 OF THE REFUGE PHASE II copies of which are attached
hereto.
signed.
STATE OF WYOMING
COUNTY OF LINCOLN
SS.
WITNESS my hand and official seal.
M KEVIN VOYLES NOTARY PUBLIC
County of State of
Lincoln :s', Wyoming
My Commission Expires: July 16, 2015
My Commission expires: O7- /6
4. EASEMENT TO RUN WITH THE LAND. The easement created herein shall
run with the properties identified herein, and shall be binding on and shall inure to the benefit of
Refuge and the Grantees herein, and their respective heirs anal /or successors and assigns.
5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between Refuge and Grantees.
6. MODIFICATION OF AGREEMENT. Any modification of this Agreement
shall be binding only if evidenced by agreement in writing signed by Refuge and Grantees or
their heirs and /or successors and assigns.
7. WAIVERS. The failure of Refuge or Grantees or their heirs and /or successors
and assigns to enforce the performance of the terms and conditions set forth herein, or a waiver of
a breach of any of the terms and conditions set forth herein, shall not be construed as a continuing
waiver of such failure or breach, and the terms and conditions shall remain in full force and effect
as if no such forbearance or waiver had occurred.
8. WAIVER OF HOMESTEAD RIGHTS. Refuge, for itself and its heirs and /or
successors and assigns, hereby waives any and all rights under and by virtue of the homestead
exemption laws of the State of Wyoming to the extent that such rights may interfere with the
purposes of the easement.
IN WITNESS WHEREOF, Refuge has cause this Underground Utility Easement to be
UNDERGROUND UTILITY EASEMENT
ALPINE AIRPARK REFUGE, INC.
PAGE 2 OF 2
ALPINE AIRPARK REFUGE, INC.,
a Wyoming corporation
BRIAN ROWSER
SECRETARY
ACKNOWLEDGED before me on this, the 2.4 day of September, 2014 by Brian
Rowser, Secretary of Alpine Airpark Refuge, Inc., a Wyoming corporation, acting for the
Company pursuant to authority provided to him by the Company's Board of Directors.
al Land Surveyors
ICHERBEL
'striation No. 164
st20on No. 1670
Ilstration No. 3990
tgistration No. 6805
SCHERBEL
Istraton No. 3889
striation No. 372111
iistralion No. 8026
EA. SCHERBEL
isiraSon No. 5368
SCHERBEL
(striation No. 11810
listrallon No. 13493
do. 1223
Scherbel. LTD.
oming
Wyoming
Nyoming
Springs, Idaho
r. Idaho
DESCRIPTION FOR
ALPINE AIRPARK REFUGE, INC.
TWENTY (20) FOOT UTILITY EASEMENT
ACROSS LOT 6 OF THE REFUGE P i'; ASE II
To -wit:
A strip of land, twenty (20) feet in width, over, under and across Lot 6 of The Refuge
Phase II of record in the Office of the Clerk of Lincoln County with Accession No.
977993, being ten (10) feet each side of the following described centerline:
BEGINNING at a point, S89 27' -41 "E, 324.62 feet, from the northwest position of said
Lot 6;
thence S00 34' -47 "W, 233.30 feet, to a position on the south line of said Lot 6;
the easterly and westerly right -of -way lines of the above described easement to be
shortened or lengthened as necessary to create a continuous and contiguous easement
with a minimum width of twenty (20) feet;
the BASE BEARING for this survey is Grid North, as determined by GPS methods;
each "position" is a calculated position with no monument found or set;
each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate
details;
each "position" is a calculated position with no monument found or set;
all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY
DESCRIPTION FOR ALPINE AIRPARK REFUGE, INC. LOTS 6 AND 7 UTILITY
EASEMENTS WITHIN LOTS 6 AND 7 OF THE REFUGE PHASE II T37N R118W
LINCOLN COUNTY, WYOMING dated 15 August 2014, as revised.
"Modification in any way of the foregoing description terminates liability of the surveyor
0
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ci indicates a Corner
Record on file in the
office of the Clerk of
Lincoln County.
indicates a 5/8" x 24"
steel reinforcing rod
with a 2" aluminum cap
inscribed "SURVEYOR
SCHERBEL LTD AFTON
WY PLS 11810
found or of record.
X indicates a calculated
position, no monument
found or set.
indicates an easement.
EXHIBIT TO ACCOMPANY
DESCRIPTION FOR
ALPINE AIRPARK REFUGE, INC.
UTILITY EASEMENTS
WITHIN
LOTS 6 AND 7 OF
THE REFUGE PHASE II
T37N R118W
LINCOLN COUNTY, WYOMING
Copyright 2014 by Surveyor Scherbel LTD. All rights reserved.
SEIR Y ®R Ccfr-, °JP R
BOX 98 5/9 P/NEY-MARSZEION 111" M.275-331,7. SOX 725 AFTON WI" TEL. 885-9319;
BOX 3594,ALP/49
HT 7EL.6549T>9; JSON, 9' E 7 J -59OJ t10NIPEL/ER, ID M.6'47-2800
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al Land Surveyors
CHERBEL
sUation No.164
;Uation No. 1670
istra0on No. 3990
gistralion No.6805
SCHERBEL
*aeon No. 3889
;Italian No. 372111
is aton No. 8026
EA. SCHERBEL
slralian No. 5368
SCHERBEL
stration No. 11810
istralion No.13493
M. 1223
iambs', LTD.
iming
Wyoming
Vyondng
listings, Idaho
Idaho
DESCRIPTION FOR
ALPINE AIRPARK REFUGE, INC.
TWENTY (20) FOOT UTILITY EASEMENT
ACROSS LOT 7 OF THE REFUGE PHASE II
To -wit:
A strip of land, twenty (20) feet in width, over, under and across Lot 7 of The Refuge
Phase II of record in the Office of the Clerk of Lincoln County with Accession No.
977993, being ten (10) feet each side of the following described centerline:
BEGINNING at the southeast point of Taxiway and Utility Easement #8 as depicted on
said plat;
thence S00 32' -57 "W, 119.96 feet, to a point;
thence S00 34' -47 "W, 78.37 feet, to the most southeast point of said Lot 7;
the easterly and westerly right -of -way lines of the above described easement to be
shortened or lengthened as necessary to create a continuous and contiguous easement
with a minimum width of twenty (20) feet;
the BASE BEARING for this survey is Grid North, as determined by GPS methods;
each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate
details;
all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY
DESCRIPTION FOR ALPINE AIRPARK REFUGE, INC. LOTS 6 AND 7 UTILITY
EASEMENTS WITHIN LOTS 6 AND 7 OF THE REFUGE PHASE II T37N R118W
LINCOLN COUNTY, WYOMING dated 15 August 2014, as revised.
15 August 2014
f 9
"Modification in any way of the foregoing description terminates liability of the surveyor"
8.0
T5 0.00' 50.00' T
r. 19 Aug 2014
T
Taxiway and Utility Easement #5 P
233.43'
Taxiway and Utility Easement #5
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T 178.01'
ai20'� Twent (20
Easement
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CULATED BY.• Karl Scherbel
FOORVPORT.•
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PVTER RLE: Phase2Lot6EasementExhibit.a
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00'42'58 "W
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LEGEND
21 indicates a Corner
Record on file in the
office of the Clerk of
Lincoln County.
indicates a 5/8" x 24"
steel reinforcing rod
with a 2” aluminum cap
inscribed "SURVEYOR
SCHERBEL LTD AFTON
WY PLS 11810
found or of record.
)3( indicates a calculated
position, no monument
found or set.
indicates an easement.
EXHIBIT TO ACCOMPANY
DESCRIPTION FOR
ALPINE AIRPARK REFUGE, INC.
UTILITY EASEMENTS
WITHIN
LOTS 6 AND 7 OF
THE REFUGE PHASE II
T37N R118W
LINCOLN COUNTY, WYOMING
Copyright 2014 by Surveyor Scherbel LTD. All rights reserved.
1.* �®_R
IRMS1X11 bWO
BOX 96 8/6' PLNEY- AIARBLETON, 11T 722.276- J347,• 80X 725 4/7041 HT TEL 885- 93/9,•
BOX 3894 ALP/N4 /IT 722. 654 93/9,• JACKSON, /17 7EZ.7J3- 590, 7,• A/0N7PEL /ER, /O 717.847 -2800