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HomeMy WebLinkAbout909481DtL"OBt2OD,5 15:33 FAX 3DT 885 5757 IO¥~£R VALLEY [NERVY ME~ER ~33523 WORK O~ER ff 6I 136 & 62137 SEC.35, T33N, R [ 19W DIST~BL~ON EASEN~NT KNOW ALL MEN BY THESE PRESENT: That the Lmdersigned, Nlcld D, lteiner, a married woman, ~s her sole and separate propert3', her hells and ~ssigns forever, ~ such right, title, interest, property, possession claim a~d demand, as they may have ar ought to have, in t~r to alii the fMlowing de,tribal property, hereby rele~hag and waiving aa rights trader and by virtue of the homestead exemption laws of the S.tate of Wyoming, ("Gmmc~r") for a goc~ and valuable consideration, the receipt of whic?n is hereby acknowledged, do hereby ~ant, convey. and warrant unto Lower Valley Energy, a Cooper~ve Corporation, of Alton a~ad Jac~on. Wyoming and t) its successors and assigns, ("Crrantees"), a perpetual easement and right of way' for the construction tmJ continued maintenance, repair, alteration and replacemen'r of the electros di~tribut/on circnits, lines an'l equipment of the Grantee to be constructed and rnain~ained m~der, al, on and am'ess the premises o['Cn-antcr in Lincoln Coumty, Stats of Wyoming, along a line described as follows, to wit: BEING a pttrt of NEI/4SWI/4 of Section 35, T33N, RI 19W, of ute 6a' P.M in Lincoln County., Wyoming more pamculady described as tbllows: COh'][MENCENG at the Southeast.corner of the Flep~vorth ProperVy, as referred to in the Deed records] in Book 311 PR,. on page 364, with said office, said Point of Pegimning: being 220.94 feet S 0° 2g'Sg'W, alot~,g the west [/ne of the SEll4 of said Section 35, fi'om thc Paul N. Scherbel RLS 164, 1986 location for the Northwest Comer of said SE1/4; Thence S 0~ 28' 58" W 62 feet, to Point of Beg/nning. Thence S 87°W, 1.5 feet to a lransformer location. EASEMENT to include 8 feet on :each side of described line, together with ell necessaW and reasonable fights of ingress and egress and to excavate and refill ditches and trenches for the location and rep.~ir of sat ~i .~hcilities and to cut, trim, spray herbicides, or remove fmc.% shrubbery, undergro'~dt or other ob~trucfior~s interfering x~dth the repair and maimermnce of r_he fhciht/e~. The Grantor acknowledges that Electric and Magnetic Fields (EMF) are harm-ally occurring io the transmission or distribution of elec'b'i¢ity, an~ that tbs C.~ntee has here notified Grantor tlmt EMF testing and ir~brmation is available upon request from the Grantee. Tlns Easement by Grantor is intended t~ include so much space as is necessary or appropriate to the presence of E~fl-' and reasonable operation cf the Grantee's distribution lines. Grantor ~grees tkat all poles, wires and other facilihes, instziled on or under the described la~s sha.l remain the properly of th~ Grantee )emovable in the sole discretion of the Grantee at the Grantee's e~epensc~. The rights, condit/ons and l:n'ovisions of this easement shall inure to the benefit of and be bmdin~ upon the pomes, their hefts, executors, adminish-ators, successors and assigns. (~,_ntor shall compensate Gramee fr r any damages m Grantee's facilities caused by Grantor, including payment of Grantee's attorney fees f action is undertaken by Grantee to ~enforcc the comm/tments described in :b_is easement. Grzntor'reserve s the fight to improve, occupy end use fins easement for all purposes not inconsistent ,nth the easement grant. _Each party shall have the remedy of spemfie performance regard/ng this easement. Tb.e rights obligations described, in tlfis easement shall rm~ with the la~d. This easement ~s not exclusive, and Grantor retains all rights no~ specifically ~anted by this easement. This is the entire agreement of tl-~: partks regarding th/s easement, except as may be set forth fl~ writing after fl~e d~e of this easement and sxgned by the pa~es. Cx~tor hereby releases and ~ives all rights by virtue of the Homestead Exemption Laws Wyoming. WITNESS the Hand of thc Grantor, this/~]ay of__~~_ ._, 2005. Nickl D. Heiner STATE OF ~/~~ COUNTY My comrrussion cxpftes: HEATHER HESS - NOTARY PUBLIC County of , State of Lincoln Wyoming ~,~', ~-~mmlssion Expires December 05, 2005