20180329PAC to Staff WY Schroeder Easement.pdf

When recorded return to:
Rocky Mountain Power
Attn:JohnDelavigne
5660 Katella Avenue,Suite 100
Cypress,CA 90630
Project Name:Energy Vision 2020
Tract Number:0115
WO#:10063156
RW#:2017R0059
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 herebyacknowledged,hereby conveys and warrants to Rocky Mountain Power,an unincorporateddivisionofPacifiCorp,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 moreparticularlydescribedinExhibit"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 reasonablynecessary 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 writingby Grantee.The foregoing right of access is intended to
run with and encumber Grantor's Land unless expressly released in writing by Grantee.
3.Grantor's Use 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 anybuildingorstructureofanykindornature;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 removeslateralsupportfromanypoleorstructure,or that prevents or impairs Grantee's access to anypoleorstructure;d)store or stockpile materials,equipment,vehicles or other items of any kind,including flammable or hazardous materials;e)use any equipment or vehicles that exceeds
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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 Exbibits "A"and "B"with a more
defmed 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 instrumentin writingreciting the terms of the amendment 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 ÉÊÁ ,20 /.
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GRANTOR:
WILLIAM LEE SCHROEDER
By:¿C
Its :('?ÑNæ r
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INDIVIDUAL ACKNOWLEDGEMENT
State of (L c)(Vi
Countyof CÍT1(1 SS.
This instrument was acknowledged before me on this 7 day of &bon ry ,RO(g ,by
LOi (f am Lee Sc hrneder .
Name(s)of individual(s)signing document
C
naretDM Notary
y $g N
My Commission Expires October23,2021
[Seal]My commission expires:(d 23
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Exhibit A
(Grantor'sLand)
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Exhibit B
(Easement Area)
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Exhibit A
This drawing should only be
used as a representationof the
location of the Easement under
option.Grantee will provide a
surveyeddescriptionanddrawingoftheEasementarea
prior to exercise of the Option -
and executionof the Easement.
I
Legend PacificorpID:115 Estimatedstruauret.ocanon 21C8Û6
3 19 0 Easement MeasurementsT-Une 21N 084W Sec.26 T-LineAcreage:7.8
Carbon County T-LineLinear Rods:83
Access Road Acreage:0SCHROEDERWILLIAMLEEAccessRoadLinearRods:0
+,,,,Date:2/6/2018mmaig