CLIENT: XXXXX PROJECT NO.: PROJECT NAME:
The Xxxxx Group 431-025L XxXxXxX CANYON
COUNTY AP MAPS:
Any County Book 347, Page 330 and Book 347, Page 360
LARGE ELECTRICAL UTILITY COMPANY PRIOR RIGHTS REPORT This prior rights report covers from October 28, 1898 to title plant closing date of October 24, 2003. Our objective was to search the lot books and computer chains at the ABC Title Company Title Plant for any Large Electrical Utility Company (Utility), or its predecessors, Electrical Transmission Easements, including Distribution Easements, which may encumber the subject property. Although the research of the ABC Title Company’s lot books and computer title chains are not the “public records,” the use of the lot books and computer title chains represent the probable documents which appear of record affecting the subject property. Note: Part of our methodology was to take each landowner who appeared in the lot books as the record owner and run their names out to determine all easements, if any, granted in favor of Utility, or its predecessor(s). We also ran the grantor/grantee index of the Recorder’s Office of said County from 1898 to the present in the event the lot books and computer chains inadvertently neglected to index the transmission easement(s) affecting the subject property(ies). Note: Part of our methodology was to take each landowner who appeared of record and run their names out to determine all easements, if any, granted in favor of Utility, or its predecessor(s). Additional research was conducted at the Any County Surveyor’s Office to perform right of way engineering research for any data related to the subject property and for any Parcel Maps, Record of Surveys, Tract Maps or any other filed maps affecting the subject area. We did not search title for any un-canceled Deeds of Trust, Mortgages, Liens, Certified Judgments, Oil and Gas Leases, Mineral Rights, Assignments or other matters, which may have been executed by past or current owners of records, unless otherwise noted.
SECTION I. Large Electrical Utility Company Transmission Easements
With respect to the land described in the records of ANY COUNTY County, State of Any State, described as being Assessor Parcel Numbers 347-330-019, 347-330-045, 337-330-046, 347-330-047, 347-360-003, 347-360-004 and 347-360-005 and as outlined on the attached Assessors’ Parcel Map, and based solely upon the examination of the available records of said County, examined on or before October 24, 2003, we hereby certify that:
A.
The title of present owners to said Assessor Parcel Number 347-330-019 is subject to the following Large Electrical Utility Transmission Easements found of record: XYZ Surveyor ALTA No.: 1. None SATCO Item No.: None
As to the SW/4 of the NE/4 of the NW/4: None found of record. Comments: There appears of record that certain Grant of Easement by and between Laurree Redacre, as grantor, and Large Electrical Utility Company, a corporation, as grantee, dated August 5, 1983, recorded September 13, 1983, as Document Number 12345, O.R. in which we note the legal description and plat attached therewith does affect the subject Assessor Parcel Number and other lands, more particularly the land owned or claimed by the grantee. However, this is a common approach that Utility, or other utilities, will use when acquiring easements over a long distance. Thus it would lead a title examiner to believe Utility had acquired an easement over the subject Assessor Parcel Number, along with other lands, within the same time period. However, nothing was found of record indicating that Utility had acquired an easement covering the subject Assessor Parcel Number within the same time period they acquired the easement from the grantor. Informative.
Surveyor Company ALTA No.: 2.
None SATCO Item No.:
None
As to the SE/4 of the NE/4 of the NW/4: Right of Way granted by H. Neil Halfacre, a single man, as grantor, and The Little Electrical Utility Power Company, as grantee, dated December 17, 1926, recorded December 31, 1926, in Book 700, Page 417 of Deeds. Comments: 1. 2. Said Right of Way is not reflected on ALTA Survey prepared by Surveyor Company & Associates, dated August 18, 2003. Said Right of Way is not reflected in Second American Title Company Preliminary Report No. XXX-1235-Xx1, Amendment # 2, dated June 10, 2003. Width of easement cannot be determined. Said Right of Way is unclear if the rights conveyed were for distribution or transmission rights. Utility currently appears to operate its 115 kv transmission under the rights granted by said Right of Way. Utility will need to prove if in fact said Right of Way is a transmission easement or otherwise.
3. 4.
B.
The title of present owners to said Assessor Parcel Numbers 347-330-045 and 347-330046 and is subject to no Large Electrical Utility Transmission Easements found of record.
C.
The title of present owners to said Assessor Parcel Number 347-330-047 is subject to the following Large Electrical Utility Transmission Easements found of record: Surveyor Company ALTA No.: 1. 24 SATCO Item No.: 24
As to the NW/4 of the NE/4 of the NW/4: Grant of Easement granted by Laurree Redacre, as grantor, and Large Electrical Utility Company, as grantee, dated August 5, 1983, recorded September 13, 1983, as Document Number 555555, O.R. Re-recorded on December 20, 1984 as Document Number 666666, O.R. Comments: There is no statement on the re-recorded Grant of Easement explaining the nature or purpose of the re-recording. Informative.
Surveyor Company ALTA No.: 2.
13
SATCO Item No.:
13
As to the NE/4 of the NE/4 of the NW/4: Right of Way granted by Charles O. Greenacre and Olive G. Greenacre, his wife, and Geo. L. Whiteacre and Daisy S. Whiteacre, his wife, as grantor, and The Little Electrical Utility Power Company, as grantee, dated December 13, 1929, recorded December 21, 1929, in Book 837, Page 55 of Deeds. Comments: 1. 2. Width of easement cannot be determined. We note said ALTA Survey and the Preliminary Title Report states said Right of Way was recorded in Official Record when in fact said Right of Way was recorded in Book of Deeds. Informative only. Said Right of Way is unclear if the rights conveyed were for distribution or transmission rights. Utility currently appears to operate its 115 kv transmission under the rights granted by said Right of Way. Utility will need to prove if in fact said Right of Way is a transmission easement or otherwise.
3.
D.
The title of present owners to said Assessor Parcel Number 347-360-003 is subject to the following Large Electrical Utility Transmission Easements found of record: Surveyor Company ALTA No.: 1. 25 SATCO Item No.: 25
Grant of Easement granted by Charles G. Tenacre, Trustee under the Charles G. Tenacre Declaration of Trust dated June 1, 1977, as grantor, and Large Electrical Utility Company, as grantee, dated July 20, 1988, recorded August 15, 1988, as Document Number 333333, O.R.
Comments: Although said Grant of Easement does not express in the granting clause the rights granted are exclusive, we note the following language appears in Paragraph five (5), Page two (2): “It is further understood and agreed that no other easement or easements shall be granted on, under or over said right of way strip by Grantor to any person, firm or corporation without the previous written consent of the Grantee.” E. The title of present owners to said Assessor Parcel Numbers 347-360-004 and 347-360005 and is subject to no Large Electrical Utility Transmission Easements found of record.
SECTION II. Large Electrical Utility Company Distribution Easements
With respect to the land described in the records of ANY COUNTY County, State of Any State, described as being Assessor Parcel Numbers 347-330-019, 347-330-045, 337-330-046, 347-330-047, 347-360-003, 347-360-004 and 347-360-005 and as outlined on the attached Assessors’ Parcel Map, and based solely upon the examination of the available records of said County, examined on or before October 24, 2003, we hereby certify that:
A.
The title of present owners to said Assessor Parcel Number 347-330-019 is subject to the following Large Electrical Utility Distribution Easements found of record: Surveyor Company ALTA No.: 1. 22 SATCO Item No.: 22
As to the SW/4 of the NE/4 of the NW/4: Grant of Easement granted by Ronald J. Kelleyacre and Joan M. Kelleyacre, husband and wife, AND John E. Kelleyacre and Betty Kelleyacre, husband and wife, as grantor, and Large Electrical Utility Company, a corporation, dated June 3, 1977, recorded June 13, 1977, as Document Number 8888888, O.R.
Surveyor Company ALTA No.: 2.
18
SATCO Item No.:
18
As to the SE/4 of the NE/4 of the NW/4: Grant of Easement granted by C. A. Jollyacre, as grantor, and Large Electrical Utility Company, as grantee, dated May 10, 1977, recorded May 17, 1977, as Document Number 999999, O.R.
B.
The title of present owners to said Assessor Parcel Numbers 347-330-045 and 347-330046 and is subject to the following Large Electrical Utility Distribution Easements found of record. Surveyor Company ALTA No.: 1. 15 SATCO Item No.: 15
The following Grant of Easement has been totally quitclaim by virtue of that certain Total Quitclaim of Easement, dated February 11, 2003, recorded March 10, 2003, as Document Number 2003-167590, O.R. RE: Grant of Easement granted by Rose Tenacres and Joseph Tenacres, as grantor, and Large Electrical Utility Company, a corporation, dated November 10, 1966, recorded December 27, 1966, as Document Number 1212122, O.R. 12 & 16 SATCO Item No.: 12 & 16
Surveyor Company ALTA No.: 2.
The following Grant of Easement has been partially quitclaimed (the Southerly 10.0’ of the easement area as described in said Grant of Easement) by virtue of that certain Total Quitclaim of Easement, dated February 11, 2003, recorded March 10, 2003, as Document Number 2003-11111, O.R. The remainder of the easement area will be quitclaim at a later date. RE: Triple SSS Homes Project. RE: Grant of Easement granted by Daniel W. Runningacre et al, as grantor, and Large Electrical Utility Company, a corporation, dated January 5, 1967, recorded January 31, 1967, as Document Number 2222, O.R.
C.
The title of present owners to said Assessor Parcel Number 347-330-047 is subject to the following Large Electrical Utility Distribution Easements found of record: Surveyor Company ALTA No.: 1. 17 SATCO Item No.: 17
Grant of Easement granted by Laurree R. Redacre, as grantor, and Large Electrical Utility Company, a corporation, dated January 2, 1967, recorded January 31, 1967, as Document Number 4444, O.R. Comments: We note said ALTA Survey shows a 6.0’ wide Utility easement running the Westerly boundary line of the NE/4 of the NE/4 of the NW/4. We found no Utility easement of record to support this claim.
D.
The title of present owners to said Assessor Parcel Number 347-360-003 is subject to no Large Electrical Utility Distribution Easements found of record:
E.
The title of present owners to said Assessor Parcel Numbers 347-360-004 and 347-360005 and is subject to the following Large Electrical Utility Distribution Easement: Surveyor Company ALTA No.: 1. 19 SATCO Item No.: 19
Grant of Easement granted by Drewery E. Blankacres and Doris M. Blankacres, husband and wife, as grantor, and Large Electrical Utility Company, a corporation, dated May 10, 1977, recorded May 17, 1977, as Document Number 838383, O.R. Comments: We note the ALTA Survey does not reflect a portion of the easement area as described in said Grant of Easement. There is described in said Grant of Easement a 10.0 strip of land running from the NW corner thereof in a Southeasterly direction to the quarter Section line. Informative.
DATE:
Plant Date October 24, 2003 December 9, 2003
BY:_______________________________