HomeMy WebLinkAbout904831When Recorded, Return to:
Ron Olsen
PacifiCorp
1401 West North Temple, Suite
Salt Lake City, Utah 84116
~J.o. 7..q 3zqo I
RECEIVED 11/29/2004 at 11:08 AM
RECEIVING # 904831
BOOK: 573 PAGE: 508
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY'
ACCESS EASEMENT FOR UTI I.ITY FACILITIES
This ACCESS EASEMENT FOR UTILITY FA('I LITIES ("Easement") is
entered into this /~ day of ,t~M, .2004, by and between SCOTT
JAY NIESLANIK and DIANE M. NIESLANIK, and SCOTT JAY NIESLANIK AS
CUSTODIAN FOR JESSICA MAY NIESLANIK, I. U KE SAWYER NIESLANIK
AND HANNAH GRACE NIESLANIK(collectively "Grantor") and PACIFICORP,
an Oregon corporation, doing business as Utah Power t"Grantee").
RECITALS
A. Grantor owns a certain parcel of real property located in Lincoln County,
State of Wyoming (the "Servient Property") as more p:trticularly described in Exhibit
"A" attached hereto and by this reference made a part o1' this Easement.
B. Grantee owns, operates, and maintains certain power line facilities located
adjacent to the Servient Property (collectively, "Grant cc' s Facilities") and desires to
utilize the Servient property as a means of access to (;rantce's Facilities.
C. Grantor has agreed to provide Grantee with a means of access to Grantee's'
Facilities subject to and in accordance with the terms and conditions set forth in this
Easement Agreement.
NOW, THEREFORE, in exchange of the mutual promises contained herein and
for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties to this Easement Agreemcnt agree as follows:
[ 1. Grant of Easement. Grantor hereby grants and conveys an easement to
Gra,~tee over and across the Servient property as describcd in Exhibit "A" for the purpose
of pedestrian and vehicular access, including equipmcm and utility vehicles, in
connection with Grantee's use, operation, construction, reconstruction, replacement,
removal, and maintenance of Grantee's Facilities.
2. Location of Access. The location of Grantee's easement and access rights
shall be limited to the locations described in Exhibit "B" and shown on Exhibit "C"
attached hereto and by this reference made a part hercof.
3. No Public Dedication. The provisions oFthis Easement are not intended
to and do not constitute a dedication for public use, aim thc rights herein created are
private and for the benefit only of the parties hereto, lhcir successors and assigns.
5. Successors and Assigns. The rights and obligations of the parties hereto
shall be binding upon and shall benefit their respeclivc halts, successors and assigns.
6. Due Authorization. The individuals c×ccuting this Easement each
represents and warrants (i) that he or she is authorized to do so on behalf of the respective
parties hereto, (ii) that he or she has full legal power m~d authority to bind the respective
parties hereto, and if necessary, has obtained all requi red consents or delegations of such
power and authority (whether from any partner, owner, spouse, shareholder, director,
member, manager, creditor, investor, developer, governmental authority, judicial or
administrative body, association or other person or ¢,~.t ity), and (iii) that the execution,
delivery and performance by the respective parties hereto of' this document will not
constitute a default under any agreement to which it is a party.
DATED effective as of the date first written above.
GRANTOR
I)IANE M. NIESLANI'~ ~-----
SCOTT JAY~BbI~SLANIK AS CUSTODIAN FOR .IESSICA MAY NIESLANIK,
LUKE SAWYER NIESLANIK AND HANNAH G RACE NIESLANIK.
GRANTEE
PACIFICORP
an Ore~ffco~ora~//
Title:
OBO4S,3X
INDIVIDUAL ACKNOWI. EDGEMENT
STATE OF WYOMING )
SS.
COUNTY OF )
This instrument was acknowledged before mc on tiffs 172day of ~¢-/)¢ ,
2004, by Scott Jay Nieslanik and Diane M. Nieshmik, an individual and Scott Jay
Nieslanik as custodian.
Notar~ I'ublic
My Commission expires:
REPRESENATIVE ACKNOWI ~E DGEMENT
STATE OF UTAH )
SS.
COUNTY OF SALTLAKE )
;~9___~d
This instrument was acknowledged before mc on this ay of A4ig~, 2004,
by"'~'~ '~- X,,d,u--,,~..~ , as ?e?.-~. ~/./')~,od. ~ of PACIFICORP,
an Oregon corporation, for an on behalf of the corponn ton.
~ ff~$~'X MICHAEL K. IMES ,
I I,I[~'~4'~Tal 6453 S. Sumac Way I
· ll~t ~ I,~l sat ~ c~, u~ ~2~ ,
~ My C~ml~ E~res I
Notary'l'tthlic
My Commission expires:
EXH1B IT A
(Legal Description of Servicnt Property)
A portion of Tract 89 of T25N, R119W, 6t~ P.M.. Lincoln, County, Wyoming, as follows:
BEGINNING at Corner No. I of said Tract No. 89;
~hence S02°-16'-55"W, 428.31 feet along the east line of said Tract No. 89 to a point;
thence coursing an extant fence !ine;
thence S84°-52'-47"W, 380.72 feet to a point;
thence S46°-19'-52"W, 793.63 feet to a point;
thence S23°-23'-28"W, 954.51 feet to a point;
thence S23°-34'-02'E, 17311.12 feet to a point and leave said fence line;
thence S64°-35'-24"W, 1053.24 feet to a pbint on the easterly right-of-way line State Highway
30;
thence coursing said right-of-way line;
thence S25°-24'-47"E, 11115.88 .feet to marker;
thence N64°-36'.,45"E, 10.02 feet to marker;
thence S25°-24'-1'6"E, 486.77 feet to a point on the ~outt~ line of said Tract No. 89, N89°-12'-
59"W, 661.89 feet from Corner No. 2 of said Tract No. 119 and leave said right-of-way line;
thence N89*-I2'-59"W, 1404.88 feet along said south line to a point on the easterly right-of-way
line 'of said railroad;
thence N41°-0g'-36"W, 4340.23 feet along said right-ot:way linc to an intersection with an
extant fence line;
thence
thence
thence
thence
thence
Tract No. 97;
coursing said fence line;
N08°-53'-0~"W, 1336.58 feet to a point;
N07°-05'-36"W, 572.57 feet to a point; .
NO 1%4 ! '-39"W, 263.9-1. feet to Comer No. 4 of said Tract No. 89;
S89°-49'-16"E, 2715.73 feet along the north line of said Tract No. 89 to Comer No. 3 of
thence N89°-52'-33"E, 2708.46 feet along the
BEGINNING;
said na:'th line to the COILNER OF
05!2
EXHIBIT B
(Description of Access Rotates)
A strip of land thirty (30) feet in width,'being a part of Tract No. 89, wi9th the
center line described as follows:
BEGINNING at a position on the easterly rith-o l'- way line o f th e Oregon Short
Line Railroad, N 69 46' 11" E, 2,500.11 feet from Cortlcr No. 3 of said Tract No. 89;
Thence N 75 38' 19" E, 474.88 feet to a spike;
Thence N 74 47' 37" E, 1,000.84 feet to a position on the westerly right-of-way
line of State Highway 30, N 47 26' 53" W, 1,946.02 fccl l'rotll Comer No. 2 of said Tract
No. 89.
0904S8~
EXHIBIT C
(Location of Access Rt)tltes)
-I
it'.::~.,... ~ 103'
S.17
S. 20 S.21 '.'r,~