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HomeMy WebLinkAbout20180329PAC to Staff WY Schroeder Easement Recorded.pdfWhen recordedreturn to: Rocky Mountain Power Attn:John Delavigne 5660 Katella Avenue,Suite 100 Cypress,CA 90630 Project Name:Energy Vision 2020 Tract Number:0115 1 o is :20 PM WO#:10063156 0969646 Bk:1315 Pg:35 Carbon WY Fees:$39.00 User:CW RW#:2017ROO59 RIGHT OF WAY AND EASEMENT GRANT William Lee Schroeder,whose address is HC 32 Box 5,Walcott,WY 82335 ("Grantor")for good and valuable consideration,the receipt and sufficiencyof which is hereby acknowledged,hereby conveys and warrants to Rocky Mountain Power,an unincorporated division of PacifiCorp,an Oregon corporation,its successors and assigns,whose address is 1407 W North Temple,Salt Lake City,Utah 84116 ("Grantee")a perpetual easement and right of way ("Easement")over and across a certain parcel or parcels of real property owned by Grantor ("Grantor's Land")located in Carbon County,State of Wyoming.Grantor's Land is more particularly described in Exhibit "A",and the legal description of the Easement area ("Easement Area")is more particularly described and shown on Exhibit "B"both of which are attached hereto and by this reference made a part hereof. 1.Easement Grant.The purpose of this Easement is to allow Grantee to,and Grantor does hereby grant to Grantee the right to construct,reconstruct,operate,maintain,relocate, enlarge,alter,and remove electric power lines,communication lines,and related equipment, including supporting towers and poles,guy anchors,conductors,wires,cables and other lines, and all other necessary or desirable equipment,accessories and appurtenances thereto on,over, and under the Easement Area. 2.Access.Grantee shall have a right of access along and within the described Easement Area,and the right of access to the Easement Area over and across Grantor's Land in such locations as may be reasonably necessary or convenient to carry out the purposes for which this Easement is granted.Grantor may not fence the Easement Area or preclude access in a manner that will preclude continuous longitudinal travel by persons,vehicles,or equipment, except as otherwise agreed to in writing by Grantee.The foregoing right of access is intended to run with and encumber Grantor's Land unless expressly released in writingby Grantee. 3.Grantor'sUse of the Easement Area.Grantor may use the Easement Area for any purpose that is not inconsistent with the purposes for which this Easement is granted,provided that,Grantor expressly agrees that within the Easement Area,Grantor will not:a)construct any building or structure of any kind or nature;b)excavate closer than fifty feet (50')from any pole or structure;c)excavate anywhere in the Easement Area in a manner that undermines or removes lateral support from any pole or structure,or that prevents or impairs Grantee's access to any pole or structure;d)store or stockpile materials,equipment,vehicles or other items of any kind, including flanunable or hazardous materials;e)use any equipment or vehicles that exceeds Page 1 of 6 IllllllllllllllllIIIIIllllllllllllllllllllllllllllllllllllllllllllllllllllli g6a 2°" 0969646 Bk:1315 Pg:35 Carbon WY Fees:$39.00 User:CW twelve feet (12')in height;f)increase the existing ground elevation;g)light any fires;or h) otherwise use the Easement Area in any manner that violates the National Electrical Safety Code or Grantee's safety clearance standards,as may be amended from time to time.Subject to the foregoing limitations,the surface of the Easement Area may be used for agriculturalcrops and other purposes not inconsistent,as determined by Grantee,with the purposes for which this Easement has been granted. 4.Vegetation Management.Grantee shall have the right to prune or remove vegetation within the Easement Area which,in its reasonable opinion,interferes with,is causing, or may cause a threat of harm to its facilities or improvements.Grantee shall also have the right to prune or remove vegetation outside the Easement Area that may grow within twenty-five (25) feet of the transmission line conductor. 5.Miscellaneous Provisions. 5.1 Exhibits.Grantee may supplement or replace Exhibits "A"and "B"with a more defined description and/or depiction and record the same in the County Clerk and Recorder's Office.Grantor agrees to fully cooperate and to execute any additional documents necessary to facilitate this process. 5.2 Authority.The individual(s)executing this document represents and warrants that he/she has the legal authorityto convey the Easement described herein. 5.3 Amendments.This Easement may be amended only by recording,in the office of the countyrecorder,an instrument in writing reciting the terms of the arnendment and bearing the signatures of all parties hereto,or their heirs,successors,and assigns. 5.4 No Waiver.The failure to enforce or perform any provision set forth in this Easement shall not be deemed a waiver of any such right. 5.5 Successors and Assigns.All rights and obligations contained herein or implied by law are intended to be covenants running with the land and shall attach,bind and inure to the benefit of Grantor and Grantee and their respective heirs,successors,and assigns. 5.6 Jury Waiver.To the fullest extent permitted by law,Grantor and Grantee each waives any right it may have to a trial by jury in respect of litigationdirectlyor indirectly arising out of,under or in connection with this Right of Way and Easement Grant.Grantor and Grantee further waives any right to consolidate any action in which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. DATED this day of ÉÊ ,20 /. Page 2 ofó GRANTOR: Its:of lillllllllllllllllllllllllllllllllllllllllllllllllllllllllllIlllllillllllllli g°ñ °" 0969646 Bk:1315 Pg:35 Carbon WY Fees:$39.00 User:CW Page 3 of 6 INDIVIDUAL ACKNOWLEDGEMENT State of L (h (/1 Countyof Ce 2%l This instrument was acknowledged before me on this 7"'day of Ñbrunry ,20/8 ,by L i ((arn Lee Schrneder Name(s)ofindividua1(s)signing document C onaretDMNotaryW o ng N tary c My Commission Expires October23,2021 [Seal]My commission expires:(d 29 llllllllllllllllllllllllllllllllIIll\lllllllllllllll Illl!Illlllililll\\\111\\\\\Qi°ak 2°" 0969646 Bk:1315 Pg:35 Carbon WY Fees:$39.00 User:CW Page 4 of 6 Exhibit A (Grantor'sLand) APN:2184-26-3-00-019-00 Township 21 North,Range 84 West,of the 6th P.M.Carbon County,Wyoming Section 26:SW ¼SW ¼ lillllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllilllllllllli i°ño 2°P 0969646 Bk:1315 Pg:35 Carbon WY Fees:$9.00 User:CW Exhibit B (Easement Area) Illlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllli 45°3J:20 PM 0969646 Bk:1315 Pg:35 Carbon WY Fees:$19.00 User:CW GATEWAY WEST SEGMENT 2 AEOLUS -JIM BRIDGER TRANSMISSION LINE EXHIBITS OWNERSHIP: WILLIAM LEE SCHROEDER APN:2184-26-3-OO-019-OO REV.1 3-6-18 SHEET1Or5 \\\llllllllllllllI\lllllllllllllllllllllll\\\llill!\IllllIllllll\llllllllllllll!°a o 2°" 0969646 Bk:13i5 Pg:35 Carbon WY Fees:$39.00 User:CW Table of Contents Cover ....................................................................................................1 Table of Contents...................................................................................2 Exhibit "B"Transmission Line Description Description ..................................................................................3 Exhibit "B-1"Transmission Line Depiction Transmission Line Depiction .............................................................................4 Transmission Line Title Commitment..................................................................5 SHEE1 Z DF 5 !!Illllllllllllllllllllllll IIIIIlllIlllllllllllllllllIllllllllililllllllllli ggi°2°P 0969646 Bk:1315 Pg:35 Carbon WY Fees:$39.00 User:CW Description:(250'Wide Power Line Corridor) A strip of land being 250 feet in width located in and through a portion of the SW1/48W1/4,Section 26, Township 21 North,Range 84 West of the 6th Principal Meridien,Carbon County,Wyoming and being 125 feet on each side and parallel with the following described centerline: Beginningat the most easterly end of said Parcel and Strip and a point on the easterly line of said SW1/4SW1/4,Section 26 whence the west 1/4 corner of said Section 26 bears N30°09'50"W,2666.76 feet; thence 860°49'33"W,377.91 feet; thence,N89°42'53"W,988.53 feet to a point on the westerly line of said SW1/4SW1/4,Section 26 and being the Point of Terminus whence the southwest corner of said SW1/4SW1/4,Section 26 bears SO°29'44"E,135.36 feet and said Parcel and Strip containing 7.842 acres,more or less,as set forth by the plat attached hereto and made a part thereof.The sidelines of the above described Parcel and Strip shall be extended and/or shortened to terminate at the intersecting property and easement lines. CERTIFICATE OF SURVEYORSTATEOFWYOMING )COUNTY OF CARBON )".8 PAUL R.5VEN50N HEREBY STATE5 THAT HE 15 BY OCCUPATION A REGISTERED LAND 0 SURVEYOR EMPLOYED BY ROCKY MOUNTAIN POWER TO MAKETHE SURVEY OF A POWER LINE CORRIDOR DESCRIBED AND SHOWN ON THIS MAP;THATTHE SURVEY OF SAID WORKS WAS MADE UNDER HIS SUPERVISION DURING THE MONTH OF 5EPTEMBER,2009;AND THAT SUCH SURVEY IS ACCURATELY REPRESENTED ON THIS ýgMAP.pOMiEXHIBIT"B" REV DATE DESC.BY CHK APP D 2-a-18 INITIAL EXHIBIT ..JSG PRS 1 NF-1g R¶MOVF i PCESS y ggy &WLCW.C.1"WILLIAM LEE SCHROEDER ROCKY MOUNTAIN M LOCATEDIN 5W1/45W1/4 SECTION 26.T.21N.,R,84W.,OF THE 6THP.M.CARBON COUNTY,WYOMING anummarracream SHEET 3 OF 5 SCALE: \\\llllllllll\llllllllllllllllllllllllllllllllllllIlllllllll Illllllll\llllilli 4 6°A o:2 0 PM 0969646 Bk:1315 Pg:35 Carbon WY Fees:$39.00 User:CW I .EGEND o RECOVERED IRON PIPE El RECOVERED STONE (SURVEY POWER LINE scALE:1"=500 I I SW1/4sW1/4SECTION26 \T.21N.,R.84W. Fantage =1366.45° Roddage -82.82Acreage=7.842 1ERMINAW sq.Ft ==341611 TtE:SO29'44"E -------------135.36°NBG"42'53"W BEGINNING 27 26 """·© ¯34 35 OWNERSHIP:WILLIAM LEE SCHROEDERAPN:2184-26-3-OO-019-OO NOTE:This drawing shauld be used only as a graphic representation of the location of the easernant beine conveyed and the written description it accompanies:Exhibit "B".The exact locatio i of all structures.lines and appurtenances is subject to change within the boundaries of the described comement area. SW1/4SW1/4 SECTION 26,T.21N.,R.84W.,6TE P.M.CARBON COUNTY,WYOMING NOTE:BEARINGS ARE GRID BEARINGS AS DEFINED BY THE coRRIDOR UNE -LT SIDE WYOMING STATE PLANE EAST CENTRAL ZONE 4902 AS -o SURVEY POWER MNEOBTAINEDBYGPSOBSERVATIONSANDPROCESSEDTHROUGH OPUS (DATUM:NADB3/COR596).THE LINEAL DIMENSIONS ARE BASED UPON THE "US SURVEY FOOT"AT GROUND.coRRinaR LtNE -M.SIDE CERTIFICATE OF SURVEYOR DETAIL (NTS)i Long STATE OF WYOMING )ss g.S & COUNTY OF CARBON ) PAUL R.SVENSON HEREBY STATES THAT HE IS BY OCCUPATlON A REGISTERED LAND SURVEYOR EMPLOYED BY ROCKY MOUNTAIN POWER TO MAKE THE SURVEY OF A POWER LINE CORRIDOR DESCRIBED AND SHOWN ON THIS MAP; THAT TNE SURVEY OF SAID WORKS WAS MADE UNDER HIS SUPERVISION DURING THE MONTH OP SEPTEMBER,2009;AND TNAT SUCH SURVEY IS ACCURATELY REPRESENTED ON THIS MAP. EXHIBIT "B--1"OM i REY MTE DESC.BY CHIC APP O 2-8-18 INITIAL EXHIBIT JSG PRS 3-6-18 REMOVE ACCESS JSG PRS IkLL 14.0.:11048-04 W WILLIAM LEE SCHROEDER pgWER LOCATED IN SW1/45W1/4 SECT10N 26.T.21N.,R.84W.,Aummunormusicour GF THE 6TH P.M.CARBON COUNTY,WYOMING SHEET 4 OF Ei SCALE 1"=50 ±\cuEmyoWW MBINEms\10346 GAWJAY\DWB\gxHinns\fRANSMISSIONVETERSONDz!B4.DWB lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllli g 0 PM 0969646 Bk:1315 Pg:35 Carbon WY Fees:d9.00 User:CW SCHEDULE B II -EXCEPTIONS -17MO46CA-SW a.Assignment of Agreement recorded on April 12,1982,in Book 748 at Page 751 -DOES AFFECT NOT PLOTTABLE b.Right of Way Easement recorded on November 16,1979,in Book 708 at Page 216.-SHOWN ON PLAT SW1/4SW1/4 SECTION 26,T.21N.,R.84W.,6TH P.M.CARBON COUNTY,WYOMING NOTE:BEARINGS .ARE GRID BEARINGS AS DEFlNED BY THE CORRIDOR LINE -LT SIDE WYOMING STATE PLANE EAST CENTRAL ZONE 4902 AS -9.SURVEY POWER LINE OERAINED BY GPS OBSERVATIONS AND PROCESSED THROUGH OPUS (DATUM:NADB3/CORS96).THE LINEAL DIMENSIONS ARE BASED UPON THE "US SURVEY FOOT"AT GROUND.-gggR_E_--_¶Eg CERTIFICATE OF SURVEYOR DETAIL (NTS)geni Long STATE OF WYOMING )ss a.Syy 4, COUNTY OF CARBON )10 'a PAUL R.SVENSON HEREBY STATES THAT HE IS BY OCCUPATION A REGISTERED LAND SURVEYOR EMPLOYED BY ROCKY MOUNTAIN POWER TO MAKE THE SURVEY OF A POWER LINE CORRIDOR DESCRIBED AND SHOWN ON THIS MAP; THAT THE SURVEY OF SAID WORKS WAS MADE UNDER HIS SUPERVISION DURING THE MONTH OF SEPTEMBER,2009;AND THAT SUCH SURVEY IS ACCURATELY REPRESENTED ON THIS MAP. EXHIBIT "B--1" REY DATE DESC.BY CHK APP o 2-8-18 INiflAL IDEHIINT .Iso PRS 1 3-6-18 REMOWE ACCESS m/SG PRS O LL A.u.:i W WILLIAM LEE SCHROEDER POWiiR LOCATED IN SW1/4SW1/4 SECTION 26,T.21N.,R.84W.,^="- OF THE STH P.M.CARBON COUNTY.WYOMING SHEEr S OF 5 BCALE 4:\CUENTWOWS ENUMEERS\16346 GATEWAY\pWOWMHIBrfÅ¡¶rRANSMISSIONVETERsoNozle4&WG