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Home My WebLink About905916When Recorded, Return to: Ron Olsen PacifiCorp 1401 West NOrth Temple, Suite 350 Salt Lake City, Utah 84116 R b~ 2_oo ~ro I ~ ~' ~oo 2. q-~2. ur. 01 ~ECEIVED 1/17/2005 at 10:12 AM ' RECEIVING # 905916 E~OOK: 577 PAGE: 240 JEANNE WAGNER LIr'~' ;®LN COUNTY CLERK, KEMMERER, WY ACCESS EASEMENT FOR UTILI'i'5' I:ACILITIES Thi2 ACCESS EASEMENT FOR UTILITY F.\( '11 IT1ES" , Agreement ') is entered into this ] [ ~ da,, or .-Fo vt t' ' ( Easemen~ ,,e, tw~e_e_n_ ?VAN H. POPE AND DOTTY JO' p--0-P-~-;: ,,:, .:;..~..,, ,,.. ' ,2 0,0, ~47', by and I'AUIFICORP, an Ore~on co,-,,o,-~*;,-- A--: .... E ...... t,-oue,~nve~y ,arantor") and o -r .... ~,-, uumg ous~nes.s :~..: 1 ltah Power ("Grantee") RECITALS A. Grantor owns a certain parcel of real property located in Lincoln County, State of Wyoming (the "Servient Property") as more parl it ti lady described in Exhibit "A" attached hereto and by this reference made a part o l'll~is Easement. B. Grantee owns, operates, and maintains ccrI:~in power line facilities located adjacent to the Servient Property (collectively, "Grantec'~ t"acilities") and desires to utilize the Servient property as a'means of access to Gr:mt~.c's Facilities. C. Grantor has agreed to provide Grantee w/th a means of access to Grantee's Facilities subject to and in accordance with the terms and c,mdilions set forth in this Easement Agreement. NOW, THEREFORE, in exchange of the mutual prt,tnises contained herein and for other good and valuable consideration, the receipt and, ~ l'ti c iency of which is hereby acknowledged, the parties to this Easement Agreement a.,_,~ cc as lbllows: 1. Grant of Easement. Grantor hereby grants :~tl conveys a twenty (20) foot wide easement ( Easement ) to Grantor over and across ll~. >;crv/em property as descr/bed in Exhibit "A" for the purpose of pedestrian and xcl titular access, including equipment and utility vehicles, in connection with Grantee's; t~se, operation, construction, reconstruction, replacement, removal, and maintenance-o t' ( ir:mt ce' s Facilities. 2. _Location of Acce% The location of Grank.~.', Easement and access rights shall be limited to the locations described on Exhibit "B" ~1 as shown on Exhibit "C" attached hereto and by this reference made a part hereof. 3. Restoration of Property. Grantee wilt~i~ a reasonable period of time after access shall restore the property to a condition subst:~ti all v similar as existed prior to any disturbance of the property by Grantee. 4. Successors and Assigns. The rights :t~ ~,1 t)bligations of the parties hereto shall be binding upon and shall benefit their respecti x~. heirs, successors and assigns. 5 Due Authorization. The individuals c×~'~'uting this Easement Agreement each represents and warrants (i) that he or she is att tl~i/cci to do so on behalf of the respective parties hereto, (ii) that he or she has full IcL"Ld power and authority to bind the respective parties hereto, and if necessary, has obtai~,,~t all required consents or delegations of such power and authority (whether fi',,~t any partner, owner, spouse, shareholder, director, member, manager, creditor, in x ~,>;to r, developer, governmental authority, judicial or administrative body, associatio~, ,~' other person or entity), and (iii) that the execution, delivery and performance by the t',:?zct~ ve parties hereto of this document will not constitute a default under any ag~-c.,.t~cnt to which it is a party. DATED effective as of the date first written GRANTOR E~"'A~' H~ POPE I~¢ )TTY J(~I~PE I GRANTEE PACIFICORP an Oregon corporation By: ~~ ff~'_~.//(..//~. Name: Title: INDIVIDUAL ACKNOWI. I(i)(; EMENT STATE OF WYOMING ) SS. COUNTY OF /'-/t/~a Ir/ ) This instrument was acknowledged before ~,: (m this ~4~L~ day of ,Tarl~4ctr~ 200~'by Evan H. Pope and Dotty Jo Pope, individu.,tls. Brenda J. Lazcanotegui - Notary Public County of State of Lincoln Wyoming P. ~i'' n x i,e~ io-2o-o 1 ~&,_(,mn ssio E p Notary My Ccn~mission expires: REPRESENATIVE ACKNO~\ I. E 1)G EMENT STATE OF UTAH ) SS. COUNTY OF SALTLAKE ) This instrument was acknowledged before ,~c on this [{~day of A:ug~t, 200,~(.~' by crv, la~5-t.- ~, x~k/g~_ql,~.tA , as X/ ,5 ,.,s~d4~',- of PACIFICORP, an Oregon corporation, for an on behalf of the Notary I ttblic MyCo,tltt,ission expires: /0/{(~/~,6 EXHIBIT A (Legal Description of S erx i~:~l l'roperty) All of Tract No. 87, all of Tract No. 88, and all ~,l I t~,:t No. 89 of T25N, Rll9W, Lincoln County, Wyoming excepting therefrom the followin,._., 1, ,~,' I-l) parcels; (1) the right-of-way conveyed to the Oregon Short I i~,: !,~:fiiway Compan); by Deed recorded on 25 November 1881 of record in the Office of ll~.. ('tc~k of Lincoln' County in Book 3 of Transcribed Records on page 12, across said Tract .~¢t; ~,f13,; (2) that parcel conveyed to the State Highway Cou,,i.;:&}n of Wyonfing recorded 3 January 1978 in the Office of the Clerk of Lincoln Cou,t,. i~ l~,~ok 142 of Photostatic Records on page 618 and in Book 142 of Photostatic Records ,,~ !,,!_.,c 619; (3) that parcel conveyed to Lincoln County recorded ;'; :',,k~v 1938 iii the Office of the Clerk of Lincoln County in Book 20 of Deeds on page 37i (4) that part of said Tract 89 described as follows: BEGINNING at'Corner No. 1 of said Tract No. 89; thence S02°-16'-55"W, 428.31 feet along the east linc ,1 ';'did Tract No. 89 to a point; thence coursing an extant fence line; thence S84°-52'-47"W, 380.72 feet to a point; thence S46°-19'-52"W, 793.63 feet to '~ point; thence S23°~23'-28"W, 954.51 l'eet to a point; thence thence 30; S23°-34'-02"E, 1738.12 feet to a point and leax~. :~;tid fence line; S64°-35'-24"W, 1053.24 feet to a point on thc c:t dm'ly right-of-way line State Highway thence coursing said right-of-way line; thence S25°-24'-47"E, 1185.88 feet to marker; thence N64°-36'-45"E, 10:02 feet to marker; therme S25°-24'-16"E, 486.7?. feet to'a point on the .s,,t~llt linc of said Tract No. 89, N89°-12'- 59"W, 661.89 feet fi'om Corner No. 2 of said Tract Nt}. i';~) and lcave said right-of-way line; thence N89°-12'-59"W, 1404.88 feet along said south lite,, i~, a point on the easterly right-of-way line of said raih'oad; thence N,II°-08'-36"W, 4340.23 feet along said ,'i~l~l ,,l-way line to an intersection with an extant fence' line; thence coursing said fence line; ., .... .-lhence ' ' N08°-53'-02"W, 1336.58 feet to EXHIBIT A (Cont.) (Legal Description of Servi· l~l Pl'operty) thence N07°-05'-36"W, 572.57 feet to a point; thence N01°-41 '-39"W, 263.91 feet to Corner No. 4 ~: .:ti,t 'I'ract No. }t9; thence S89°-49'-16"E, 2715.73 feet along the north li~. ,>!' ~;aid Tract No. 89 to Corner No. 3 of Tract No. 97; thence N89°-52'-33"E, 2708.46 feet along fla.: :,:,~i ~,rth line to the CORNER OF BEGINNING; EXHIBIT (Description of Access A fight of way 20 feet in width, bein,~, _I~ I'd'ct southwesterly of and parallel to the following described Grantor's northeasterly bot,~ ~, I:t~'y line: Beginning on northeasterly boundary line of t l~,.. { ;rantor's land at a point 3,050 feet S.89°12'59"E. along a south track line from conq~.~ N(~. 3 of Tract 89, T.25 N., R. 119 W., 6th P.M and 1200 feet N.41°08'38"W. alo~tt, :~z,icl northeasterly boundary line; running thence N.41°08'38"W. 6,250 feet, more or lc~,:;. ',~lt)n~ said northeasterly boundary line, said northeasterly boundary line al so b ~.~,, t he-southwesterly right of way line of Union Pacific Railroad and being in said Tract ~:~ ~. ! Tract 88, Township and Range aforesaid in Sections 8, 17 and 16, T.25 N., R. 1 t'; \~/., t? P.M. EXH1/3IT C (Location of Access '[RAC'I' 86 S.17 S $.20 S 2 ri:? ~, "'[ 78