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HomeMy WebLinkAbout979831POWERLINE EASEMENT AGREEMENT 1. Grant of Easement. For and in consideration of the sum of One ($1.00) Dollar and other good and valuable consideration, DENNIS HIGLEY INC. "Grantor does hereby give, grant, bargain, and convey to WIDE OPEN SPACES, LLC, a Wyoming limited liability company, TBB INVESTMENTS, LTD., a Utah limited liability company, and C FIVE INVESTMENT, LLC, a Utah limited liability company (collectively, "Grantee and their assigns, a non exclusive permanent easement and right -of -way for the installation, operation and maintenance of a power line, together with the right to construct, operate and maintain continuously upon, over, and across said land, its lines for transmitting electric current with wires, transformers, conduits, cables, guy wires, and other necessary apparatus and fixtures (collectively, the "Facilities together with the right to assign this easement to successors and assigns in whole or in part; and together with the right at all times to enter upon said premises for the purpose of inspecting said lines, making repairs, renewals, alterations and extensions thereon and for all purposes incidental thereto, solely across, through and over the lands hereinafter described on the attached Exhibit A, which is incorporated here by reference (the "Easement Tract together with the right to remove trees, bushes, undergrowth, and other obstructions interfering with the safe and necessary construction and maintenance of Facilities (the "Easement The Easement granted herein is for the benefit of Grantee and for the benefit of the property owned by Grantee and described on the attached Exhibit B, which is incorporated herein by this reference (the "Benefitted Property"). 2. Maintenance. Grantee shall have the right and obligation hereunder, at all times, to enter upon the Easement Tract to do all things necessary for the construction, reconstruction and 979831 12/22/2014 4:15 PM LINCOLN COUNTY FEES: $36.00 PAGE 1 OF 9 BOOK: 845 PAGE: 226 EASEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK 1II1II111P III IIII 1 III 1 ii II11 II0 JIM 11111111111111111 I I III III II maintenance of said Facilities at Grantee's sole cost and expense, and shall indemnify and hold harmless Grantor from and against any and all loss, cost, damage and expense from any cause arising out of any wrongful or negligent act of Grantee or its employees, agents, contractors and licensees in connection with the Easement. Grantee shall have the right hereunder, at all times, to enter the Easement Tract for the inspection, repair and renewal of the Facilities and for the doing of all things necessary to maintain said Facilities in a proper condition. 3. Non- Exclusive Easement. Grantor reserves the express right to use and enjoy the Easement Tract for any purpose that does not unreasonably interfere with the Easement, including the right to grant additional easements for utilities or otherwise on and within the Easement Tract; provided that Grantor shall (or shall cause the grantee of such additional easements to) restore any damage to the Easement Tract or the Facilities caused by Grantor's use of the Easement Tract to the condition the same were in immediately prior to such damage. 4. Protection from Liens. All work performed on the Easement Tract by Grantee shall be performed in a lien -free, good and workmanlike manner and in accordance with the requirements of all applicable government ordinances, codes, regulations and laws. In the event any mechanic's or materialman's lien is filed against the land of Grantor in connection with work for or on behalf of Grantee, then Grantee shall, promptly after notice of filing, cause the same to be discharged of record. 5. Authority. Grantor hereby represents and warrants that it is the owner of the Easement Tract and that this Easement Agreement and the individual executing this Easement Agreement on behalf of Grantor have been duly authorized and that by the execution hereof, Grantor is bound by all of the terms and conditions hereof. Grantee hereby represents and warrants that it is the owner of the Benefitted Property and that this Easement Agreement and the 2 3 individual executing this Easement Agreement on behalf of Grantee have been duly authorized and that by the execution hereof, Grantee is bound by all of the terms and conditions hereof. 6. Connection to Power Line. Subject to compliance with any applicable laws, ordinances, regulations or rules relating to the Facilities and the operation thereof, Grantee agrees to allow Grantor to connect to the power line for the purpose of providing power to the property owned by Grantor on which the Easement Tract is located. If Grantee connects to the Facilities Grantee shall be obligated to pay any connection fee related thereto and shall further be obligated to pay for any usage of power. Grantee shall only be allowed to connect to the facilities if a meter is installed to measure usage of power and if such connection is allowed by any utility company with jurisdiction over the Facilities or the power conducted thereby. In no event shall Grantee be allowed to connect for usage beyond normal residential (limited to 3 residences) usage and normal farm and/or ranch usage. 7. Assignment. Grantee shall have the right to assign this Easement Agreement and its rights hereunder to any party that is the owner of the Benefitted Property, or any portion thereof, as well as to any entity that is to operate or own the Facilities, including, without limitation, Rocky Mountain Power Company or any other owner or operator of the Facilities. 8. Binding Effect. It is agreed that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions and shall be binding on the parties hereto and their respective representatives, heirs, successors and assigns. 9. Counterparts. This Easement Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. This Easement Agreement is executed and granted under Grantee to have to hold said easement and right -of -way unto Grantee, and unto its successors and assigns forever. GRANTOR: DENNIS HIGLEY INC. By: GRANTEE: WIDE OPEN SPACES LLC, a Wyoming limited liability company By: TBB INVESTMENTS, LTD., a Utah limited liability company By: By: C FIVE INVESTMENT, LC, a Utah limited liability company 4 STATE OF 1J1 ss. COUNTY OF Yis ft) WITNESS my hand and official seal. My commission expires: ANGELA KAY CHANDLER NOTARY PUBLIC STATE of UTAH li AV NO. 609351 COMM. EXP. 05 -12 -2015 STATE OF (1 t r\ ss. COUNTY OF plv t S WITNESS my hand and official seal. My commission expires: 1 la 13015 F! IF TRYTHALL Nr)!ory Pr '!e of Utah Cr rirn or Expires on: J.,, 76, 2015 Comm. Number: 611957 STATE OF COUNTY OF O3. k. s The foregoing instrument was acknowledged before me by a as of Dennis Higley Inc. 5 The foregoing instrument was acknowledged before me by 'crc TV 'o weir as vRo,(1.0 a Wyoming limited liability company. of Wide Open Spaces LLC, The f regoing instrument was cknowled ed efore me by Q(�LRr, as at to of TBB Investments, LC, a Utah limited liability company. WITNESS my hand and official seal. My commission expires: 1 b(c, c S STATE OF 1 _,A COUNTY OF T1 forego' g instrument wa acknowledged before me by as J1 Q r tah lirn4ted liability c mpany. WITNESS my hand and official seal. My commission expires: 1 1 SHERRIE TRYTHALL Notary Public State of Utah My Commission Expires on: July 26, 2015 Comm. Number: 611957 ss. 6 SHERRIE TRYTHALL Notary Public State of Utah My Commission Expires on: July 26, 2015 Comm. Number: 611957 of C Five Investment, LC, a EXHIBIT A Description of Easement Tract 7 LEGEND PUBLIC LAND SURVEY CORNER O ANGLE POINT P.o.B. POINT OF BEGINNING P.O.E. POINT OF ENDING s 9 Cane S"clrcn 4 (Come riot, 1932 GLC. Bross Cop LEGAL DESCRIPTION An easement for powerline purposes located in the Tract No. 37, Section 4 of T26N, R118W, 6TH P.M., Lincoln County, Wyoming, said easement being 20.00 feet wide, 10.00 feet on each side of the following described centerline: Commencing at the Southeast comer of said Tract No. 37 (also the South one quarter comer of Section 4, T26N, R118W) and running thence S 89 °54'38" W, 288.83 feet along the South line thereof to the POINT OF BEGINNING; thence N 06 °22'54" E, 50.32 feet to the POINT OF ENDING of this part of said easement; Also, Commencing at said Southeast comer of said Tract No. 37 and running thence N 00 °15'49" E, 1893.43 feet along the East line thereof, thence S 89 °00'00" W, 136.02 feet to the POINT OF BEGINNING; thence N 00 °12'00" W, 267.72 feet to a point to be known as "Point A thence N 05 °15'36" E, 447.63 feet; thence N 03 °39'44" E, 237.82 feet to the POINT OF ENDING of this part of said easement, said point lying on the North line of the Higley property, N 89 °59'03" W, 85.07 feet, more or less from the Northeast comer thereof. Also, BEGINNING at said "Point A" and running thence N 87 °28'12" W, 30.00 feet to the POINT OF ENDING of this part of said easement. Said easement being 1033.49 feet or 62.64 rods in length. BASIS OF BEARING The base bearing for this survey is Geodetic North based on GPS observation. ATM 906 Main Street S U RVEYI N G Evanston, Wyoming 82930 Phone No. (307) 789 -4545 T26N, R118W, 6th P.M. Property Line er y L. Marilyn K. Hamblin 47enal. a Inc. C Gro P.O.E. NO3'39'44 "E, 237 132'— I Centerline of t Proposed Powerline N05'15'36 "E, 447. Point "4" N00'12'00 "W, 267.72' P. 0.8. Teichert Brothers LLC Poytosh Property Property Teichert I Property N06'22'54'E, 50.32' yomtn Centerline o Smiths fork Rood 288.83i�' N89'59'03 "W 85.07' 589'00'00 "W 136.02' er 1932 G:(I !FrOsS C op N89'54'38 "E, 2639.40' CERTIFICATE OF SURVEYOR State of W County of Uinta) ss 1, Stanton G. Taggart, of Wasatch Surveying Associates, L.L.C., hereby state that 1 am by occupation a Professional Land Surveyor employed by Wide Open Spaces, LLC. to make the survey of the easement described and shown on this plat; that the survey of said works was made under my supervision and authority and that such survey is accurately represented hereon. Map Showing Wide Open Spaces, LLC Proposed Powerline Located in Tract 37, Section 4 T26N, R118W, 6th P.M. Lincoln County, Wyoming Project No. 07 -115 Date: 11/18/07 EXHIBIT B Description of Benefitted Property The following property located in Lincoln County, State of Wyoming: Resurvey Township 27 North, Range 118 West of the 6 P.M., Lincoln County, Wyoming Tracts 61, 62, 63, 66, 72, 73, 74 and 75.