HomeMy WebLinkAbout885899 THIS PARTIAL ASSIGNMENT OF UTILITY EASEMENT is made this /9 . day
of November, 2002, by RANDALL J. & ROBYN AUSTIN, TRUSTEES of the Randall J. &
Kobyn Austin Revocable Trust dated July 15, 1997, of 2639 East 25 South, Layton, Utah 84040
(hereafter, "Austins"), and by ROBERT E. SYLAR, of P.O. Box 703, Pinedale, Wyoming
82941 (hereafter, "Sylar"), to LOWER' VALLEY ENERGY, INC., a Wyoming nonprofit
corporation (hereafter,. "LVE"), of P.O. Box 572, Jackson, Wyoming 83001.
WITNESSETH:
WHEREAS, Austins own the property identified as Plat Twenty-Two (22) Lot Forty-
Eight (48) 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 6, 1999, in Book 436 PR at Page 800 (Instrument No.
861956)(hereafter, the "Austin Property"); and
WHEREAS, pursuant to Plat Twenty-Two (22) in Star Valley Ranch, the Austin
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 Austin 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 Austins a utility access across the entire length of
the Easement Reservation on the eastern side the Austin 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, Austins 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
Ea_sement if the Austins and Sylar partially assign their interests in the Easement for utilities
specifically to LVE.
PARTIAL ASSIGNMENT OF UTILITY EASEMENT
AUSTIN, TRUSTEE / SYLAR / LOWER VALLEY ENERGY, INC.
PAGE 1 OF 2
NOW, THEREFORE, Austins, 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.
DAL~/J. ~TR~STEE
of the Ranflatt~. & Robyn Austin
Revocable Trust dated July 15, 1997
ROBERT E. SYLAJ~'
ROBYN~~STIN) TRUSTEE
of the Randall J. & Robyn Austin
Revocable Trust' dated July 15, 1997
STATE OF WYOMING )
) SS.
COUntY Or LINCOL )
RANDALL J. AUSTIN and ROBYN AUSTIN, TRUSTEES of the Randall J. Austin
& Robyn Austin Revocable Trust dated July 15, 1997, before me personally appeared on this
I~. ~'r~day of November, 2002, and by me duly. sworn, did say that they are the Trustees of said
Trust; that they signed the foregoing instrument on behalf of said Trust pursuant to authority
provided therein; and that they acknowledged said instrument to be the free act and deed of said
Trust.
WITNESS may hand and official seal.
My Commission expires:'
NOTARY PUBLIC
STATE OF WYOMING )
)ss.
COUNTY OF SUBLETTE )
ROBERT E. SYLAR, before me personally appeared on this ] ~ay of November,
2002, and by me duly sworn, acknowledged said instrument to be his free act and deed.
WITNESS may band and official seal.
PARTIAL ASSIGNMENT OF UTILITY EASEMENT
AUSTIN, TRUSTEE / SYLAR / LOWER VALLEY ENERGY, INC.
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