HomeMy WebLinkAbout885898 PARTIAL ASSIGNMENT OF:UTiLITY,. EASEMENT
THIS PARTIAL ASSIGNMENT OF UTILITY EASEMENT is made this lq day
of November, 2002, by JIMMY D. WHEELER and SANDRA E. WHF~ELER, Joint Tenants,
of P.O. Box 954, Thayne, Wyoming 83127 (hereafter, "Wheelers"), and by ROBERT E.
SYLAR, of P.O. Box 703, Pinedale, Wyoming 82941 (hereafter, "Sylar"), to LOWER
VALLEY ENERGY, INC., a Wyoming nonprofit corporatio~n (hereai~er, "LVE"), of P.O. Box
572, Jackson, Wyoming 83001.
WITNESSETH:
WHEREAS, Wheelers own the property identified as Plat Twenty-Two (22) Lot Forty-
Seven (47) in Star Valley Ranch, as platted and recorded in the Official Records of Lincoln
County, Wyoming, pursuant to the Warranty Deed that was recorded in the land records of
Lincoln County, Wyoming, on October 20, 1992, in Book 319 PR at Page 219 (Instrument No.
756067)(hereafter, the "Wheeler Property"); and
WHEREAS, pursuant to Plat Twenty-Two (22) in Star Valley Ranch, the Wheeler
Property is subject to a utility easement reservation as follows: "Easement for public utilities
and water lines is reserved 10' wide along all side and rear lot lines" (hereafter, the "Easement
Reservation"); and
WHEREAS, Sylar owns the property adjacent to and to the south of the Wheeler
Property, pursuant to the Warranty Deed that was recorded in the land records of Lincoln
County, Wyoming, on December 1, 1989, in Book 281 PR at Page 17 (Instrument No. 711116)
(hereafter, the "Sylar Property"); and
WHEREAS, Sylar has requested from Wheelers a utility access across the entire length
of the Easement Reservation on the western side the Wheeler Property (hereafter, the
"Easement") so that Sylar, for himself, and for his heirs and assigns, can obtain electric power
for the Sylar Property from LVE through the Easement; and
WHEREAS, Wheelers have agreed to provide the requested utility access to Sylar in the
Easement; and
WHEREAS, LVE has agreed to provide electric power to the Sylar Property through the
Easement if the Wheelers and Sylar partially assign their interests in the Easement for utilities
specifically to LVE.
PARTIAL ASSIGNMENT OF UTILITY EASEMENT
WHEELER / SYLAR / LOWER VALLEY ENERGY, INC.
PAGE 1 OF 2
NOW, THEREFORE, Wheelers, for and in consideration of TEN DOLLARS ($10.00)
and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, for
themselves and their successors and assigns, hereby assign in perpetuity to Sylar and his heirs
and assigns, and to LVE, and its successors and assigns, and Sylar, for himself and his heirs and
assigns, hereby assigns in perpetuity to LVE, and its successors and assigns, sUch partial interest
in the Easement that will allow LVE to construct, operate, maintenance, repair, and replace when
necessary, electric distribution facilities sufficient to serve the Sylar Property. Such assignments
cannot be modified without the express written concurrence of LVE.
IN WITNESS WHEREOF, we have hereunto set our hands.
c,/JIM~HEELER ~ ~,,~NDRA E. WHEELER
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
on this
be their free act and deed.
WITNESS may hand and official seal.
JIMMY D. WHEELER and SANDRA E. WHEELER before me personally appeared
/~/z day of November, 2002, and by me duly sworn, acknowledged said instrument to
My Commission expires:
NOTARY PUBLIC
STATE OF WYOMING )
)ss.
COUNTY OF SUBLETTE )
ROBERT E. SYLAR, before me personally appeared on this ~t~;~ay of November,
2002, and by me duly sworn, acknowledged said instrument to be his free act and deed.
WITNESS may hand and official seal.
PARTIAL ASSIGNMENT OF UTILITY EASEMENT
WHEELER / SYLAR / LOWER VALLEY ENERGY, INC.
PAGE 2 OF 2