HomeMy WebLinkAbout90902405/20/2005 00:28 F.&Z ~07 885
MEMBER #856806
WORK ORDER # 61060 & 6106
SEC.34, T36N, RII9W
LORER VALLEY ENERGY
DISTRIBUTION EASEIVIENT
KNOW ALL MEN BY THESE PRESENT:
003/003
That the undersigned, George Todd Smith and Abbey L. Smith, husband and wife, ("Oranlor") foz a
good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, convey mid
wan'ant unto Lower Valley Energy, a Cooperative Corporation, of Aflon and Jackson, Wyoming and to
successors and assigns, ("Grantees"), a perpetual easemen! and right of way for the construction mtd
continued maintonancc, repair, alteration and replacement of thc elec~c distribution circuits, lines and
equipment of the Grantee to be constructed and maimained under, upon and across the ~enfiscs of Grant)r
in Lincoln County, State of Wyoming, along a line described as follows, to wit:
BEING a portion of thc NE1/4NE1/4 of Section 34, T36N, R119W 6~ P.M. Lincoln County, Wyomfitg
more particularly described as follows:
BEGINNING at a point being thc NE Comer of the NE1/4NE1/4 of said Section 34; at an existing pow..-r
pole on the West R-O-W line of US State Highway 89;
Thence S 57° W, 560 feet;
Thence S 50° W, 26 feet;
Thence S 32° W, 61 feet to a transformer location.
EASEMENT to includel0 feet on each side of described line, together with all necessary and reasonab!e
fights of ingress and egress and to excavate and refill diteh~s and h'enehes for the location and repair of sa:d
facilities and to cut, trim, spray herbicides, or remove trees, shrubbery, undergrowth or other obstructions
interfering with the repair and maintenance of the facilities.
The Grantor acknowledges that Electric and Magnetic Fields (EMF) are naturally occurring in tlc
transmission or distribution of electricity, and that the Grantee has here notified Grantor that EMF testir g
and information is available upon request from the Grantee. This Easement by Grantor is intended lo
include so much space as is necessary or appropriate to the presence of EMF and reasonable operation of
the (h'antee's distribution lines.
Grantor agrees that all poles, wires and other facilities, installed on or under the described lands shall
remain the property of the Grantee removable in the sole discretion of the Grantee at the Grantee's expens...
The fights, conditions and provisions of this easement shall inure to the benefit of and be binding upon fie
parties, their heirs, executors, administrators, successors and assigns. Grantor shall compensate G~'antee firr
any damages to Grantee's facilities caused by Grantor, including payment of Grantee's attorney fees if
action is undertaken by Grantee to enforce the comrmtments described in this easement. Grantor reserves
the right to improve, occupy and use this easement for all purposes not inconsistent with the easement grant.
Each party shall have the remedy of specific performance regarding this easement. The rights a~d
obligations described in this easement shall run with the land. This easement is not exclusive, and Gran~a rr
retains all rights not specifically granted by this easement. This is the entire agreement of the parties
regarding this easement, except as may be set forth in writing after the date of this easement and .signed I:y
the parties. Gramor hereby releases and waives all rights by VmUe of the Homestead Excmaption Laws of
Wyoming.
WITNESS the Hand of the Grantor, this ~) day of
yd'EOF
X'~bl~ey L. ~mlth '
COI.;N'IW OF } . ~
The foreg~)~ instrument w~c~,~owledged be~p3:v~ne by /~'~0/~ff ~'~//~__DJ~ [/-~/~///~ ,~ ~' 5/////[~
~s ~ dayof [V~ 2~ ' '
............. ' ..... '~e~my ~d ~d ~t. /
RECEIVED 6/7/2005 8t ~ ~:44 AM
RECEIVIN~ ~ 909024
BOOK: 587 PAGe: 431
JEANNE WAGNER
1 LINCOLN COUNTY CLERK, KEMMERER, ~