HomeMy WebLinkAbout9095500{!/14/2005 07:12 FAX 307 885 5787
MEMBER g433511
WORK ORDER # 61125
SEC.8, T33N, R118W
L0!~ER VALLEY ENERGY
[~002
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENT:
That the undersigned, Deco F. Hetner and Cheryl V. Helner, Trustees of the Deco F. Helner ~,~d
Cheryl V. lteiner Family Revocable Trust dated May 16, 1997, ("Grantox") for a good and valuable
consideration, thc receipt of which is hereby aclmowledged, do hereby grant, convey and warrant urto
Lower Valley Energy, a Cooperative Corporation, of Aflon and Jackson, Wyoming and to its successors a:ad
assigns, ("Grantees"), a perpetnal easement and right of way for the con~mcfion and continu:d
maintenance, repair, alteration and replacement of the electric distn~bution circuits, lines and equipment of
the Grantee to be constructed and maintained under, upon and across the premises of Cnantor ha Li~eotn
Couuty, State of Wyoming, along a line described as follows, to wit:
See attached exhibit A:
{'7
EASEMENT to includel0 feet on each sick: of described line, together with all neees~try and rcasonable
rights of ingress and egress and to excavate and refill ditches and trenches for the location and repair of said
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 aclmowledgca that Electfio and Magnetic Fields (EM17) are naturally occurring in the
transmission or distribution of electricity, and that the Grantee has howe notified Grantor that ElvIF testir.g
and information is available upon request from the Grantee. This Easement by Grantor is intended m
include so much space as is necessary ox appropriate to the presence of EiVIF and reasonable op~mafion of
th~ Grantee's dism'butinn Iinca.
Orantar 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 expend:.
The fights, conditions and provisions of this easement shall inure to the benefit of and be binding upon tie
parties, their heirs, executors, administrators, successors and assigns. Grantor shall co--sate Gamatce fi)r
any damages to Grantee's facilities caused by Grantor, including payment of Grantee's attorney fees
action is undertaken by Grantee to enforce thc commitments described m this easement. Ca'antor rescrv~
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 descrfl~xt in this easement shall nm with the land. This casement is not exclusive, and Granttrr
retains all rights not specifically granted by this easement. 'Ibis is the entire agreement of the parti~
regarding this easement, except as may be set forth in writing ~ the date of this casement and ~'igned I:y
the parties. Grantor hereby releases and waives all fights by virtue ofthe Homestead Exemption Laws
Wyoming.
WITNESS theffand of the Grantor, this~4__~_day of & [_lx,_~ ,2005.
e~s ,.~Orry dayof
County of ,.~'tnt~ of
~ , t '~-,-f~. ~t ~ ho~ Public -
My Commission E. xplre~
"~-~q"'~ - &00¢ RECEIVED 6/28/2005 at 11:13 AM
1
RECEIVING # 909550
BOOK: 589 PAGE: ~04
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERE R, WY
08/14/2005 07:12 FAX 307 885 5787
'.. ,O* ~" :'~ ~i~*
LOWERVALLEY ENERGY
L 0 0 5 15,
EX]~BIT A
BEING a portion of thc SW1/4NE1/4, Section g, T33N, R11 g W, 6~ P.M., Lincoln
County, Wyoming more particularly described as follows:
COMMENCING at a point being the SW Comer of[he SW1/4NEI/4 which is common
with the C1/4 of Section 8.
The, ncc S 8°W, 11 feet, thence S 84° B, 305 feet; thence N 31° E, 47 feet;
thence N 4° E, 225 feet to a junction vault location and true point of begin.ning.
Running thence N 83° E. 1.2 feet; thence S 2° E, 53 feet; thence S 75° E, 98 feet;
thence S 54° E, 234 feet; t~ence S 79° E, 59 feet; thence N 550 E, 86 feet;
[hence N 75° E, 33 feet, thence N 85° E, 50 feet; thence N 64° E, 76 feet:
thence N 74° E, 41 feet; thence N 84° E, 25 feet; thence S 86°E, 168 feet;
thence S 69° E, 29 feet; thence S 44° E, 56 feet; thence S 33° E, 68 feet;
thence S 24° E, 74 feet; thence S 28° E, 120 feet; thence S 25° E, 86 feet to a
point known as Point "A"; thence S 54° E, 13 feet to a junction vault location.
Returning to Point "A". Th,-nce S 27° E, 69 feet; thence S 21° E, 212 feet;
thence S 43° E, 26 feet; thence S 71° E, 29 feet; thence S 87° E, 39 feet;
thence N 86° E, 50 feet; th~nce N 43° E, 91 feet;, thence N 89° E, 46 feet to
a point known as Point "B". Thence S 25° E, 14 feet to a junction vault location.
Thence N 85° E, 12 feet, thence S 1° E, 37 feet; thence S 5° W, 94 feet;
thence S 14° W, 42 feet; thence S 48° W, 18 feet to a transformer location.
QUITCLAIM DEED
- RECEIVECJ
~q'qO¢' i_INCOI ~'.' nn ~-r,, CLERK
KNOW ALL MEN BY~8~ PRESENTS, That ~aia~.R. ,HeineF, a~, so e Trustee of the
Quinn R. He ner and Carolyn ~. He~ner Family Revocable Trust dated the 16 'day of May, 1997, of
Thayne, Lincoln County, Wyoming, and Been F. Heiner.a~dc~e~i V,,'He~i~r, Trustees of the
Deon F. Heiner and ChewI V. Heiner Family Revocable TrUstdated~M~y'i~8~: 1997, of Thayne,
Lincoln County, Wyoming, grantors, in consideration of Ten and no/100 Dollars ($10.00) and other
valuable consideration the receipt of which is acknowledged, convey and quitclaim unto Deon F.
Heiner and Cheil V. Heiner, Trustees of the Deon F. Heiner and Cheryl V. Heiner Family
Revocable Trust dated May 16, 1997, of PO Box 451, Thayne, ~ 83127, grantees, all such right,
title, interest, proPe~y, possession, claim and demand as they have or ought to have, in or to all the
............. f?l~n~~(i~e~. ~emis?, jn tb.e~~ 0f binc°ln,.~tatt, ef_W~0~(Bg, to-witL
Real property acquired pursuant to that certain Patent in which the United States of
America is the grantor dated August 11, 2003, and recorded in the office of the Lincoln
County Clerk on August 14, 2003, in Book 531 PR, page 022, Recording No. 892495,
and also according to that certain Notice of Trust or Representative Capacity of Grantee
Made Pursuant to W.S. 34-2-123 dated October 8, 2003, and recorded in the office of
the Lincoln County Clerk on October 23, 2003, in Book 539 PR, page 299:
T33N, R118W, 6th P.M., Lincoln County, Wyoming:
Section 8: SE1/4, NE1/2NE1/4SW1/4 (said NE1/4SW1/4 being divided in
half diagonally on a straight line from its NW corner to its SE
corner)
Section 9: Sl/2SWl/4
TOGETHER WITH that certain Easement granted by Bonnett Family Enterprises, L.C.,
a Utah limited liability company, dated June 3, 2002, and recorded in the office of the
Lincoln County Clerk on June 28, 2003, in Book 493 PR, page 386, Recording No.
882190.
ALSO TOGETHER WITH a perpetual 60-foot wide easement for ingress and egress
and all underground utilities hereby granted and conveyed unto grantees and their heirs,
successors and assigns, for the benefit of the above described lands, more particularly
described as follows: South 60 feet of the SE1/4SW1/4, Section 8, T33N, R118W, 6th
P.M., Lincoln County Wyoming.
IN WITNESS WHEREOF, Grantors have hereunto set their hands as of the 14th day of
April, 2004.
~--Eih-n--R7 H f~-I' n-eTT, T ru s{e e
08,9 0I
Deon F. Heiner, Trustee
Ch~'ryl V. Heiner, .Trustee
STATE OF WYOMING ·
C..O U N T~Y~ O_F___L. I_N_C__O .L. N ....
SS.
The fOregoing Quitclaim Deed was acknowledged before me by Quinn R. Heiner as sole
Trustee of the Quinn R. Heiner and Carolyn S. Heiner Family Revocable Trust dated May 16, 1997,
this ,,~ ~ ~ day of ./~, r",' / ,2004.
Witness my hand and official seal.
County of ~ ~ Of {
My commission expires:
NOTARY PUBLIC
STATE OF VVYOMING
SS.
COUNTY OF LINCOLN
The foregoing Quitclaim Deed was acknowledged before me by Deon F. Heiner and Cheryl
V. Heiner, as Trustees of the Deon F. Heiner and Cheryl V. Heiner Family Revocable Trust dated
May 16, 1997, this/--/'/"/1 day
of ~r~ , 2004.
Witness my hand and official seal.
IJncetn Wyoming
My commission expires:
NOTARY PUBLIC