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HomeMy WebLinkAbout91031308/30/2005 13:08 FAX 307 885 5787 LOWER VALLEY ENERGY ~oo3 00371 WORK ORDER # 61201 SEC. I 9, T3TN, R118W DISTRIBUTION EASEMENT KNOW ALL N[EN BY THESE pRESENT: That the undersigned, Aspen Itill Investments, LLC, a Wyoming Limited Liability Company, ("Grantor") for a good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, convey and warrant unto Lower Valley Energy, a Cooperative Corporation, of Arch and Jackson, Wyoming and to its successors and assigns, ("Grantees"), a perpetual easement and right of way for the construction and continued maintenance, repair, alteration and replacement of the electric distribution circuits, lines and equipment of the Grantee to be constructed and maintained under, upon and across rite premises of Grantor in Lincoln County, State of Wyoming, along a line described as follows, to wit: BEING a part of Lot 50, Alpine Village Subdivision No. 1, Plat 2' in Lincoln County ,Wyoming more accurately described a~ follows: COMMENCING East 160 feet, N 700 E, 97 feet to an existing power pole from the Southwest comer of said Lot 50. Thence N 20° E, 268 feet to a transformer location. EASEMENT to include 10 feet on each side of described line, together with all necessary and reasonable rights of ingress and egress and to e;xcavate and refill ditches and trenches for the location and repair of said facilihcs and to cut, trim, spray he}bicides, or remove trees, shrubbery, undergrowth or other obstmctior s interfering with the repair and maintenance of the facilities. Thc Grantor acknoxvledges that Electric and Magnetic Fields (BNIF) arc naturally occmming in the transmission or distribution of electricity, and that the Grantee has here notified Grantor that EMi~ testing and information is available upunlrequest from the Grantee. This Easement by Grantor is intended include so much space as is necessary or appropriate to the presence of EMF and reasonable operation the Grantee's dis~'ibution 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 expense. The fights, conditions and provisions of this casement shall inure to the benefit of and be binding upon the parties, the/r heirs, executors, administrators, successors and assigns. Grantor shall compensate Grantee ft,r any damages to Grantee's facilities caused by Grantor, including payment of Grantee's attorney fees :f action is undertaken by' Grantee to :enforce the commitments described in this easement. Grantor reserve s 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 and obligations described in this easement shall nm with the land. This easement is not exclusive, and Czrant(,r 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 by the parties. Grantor hereby releases and waives all rights by virtue of the Homestead Exemption Laws t,f Wyoming. WITNESS the Hand of the Grantor~. this __day of 2005. F DUSTIN K. GRIFFIN - ARY PIJRI If*:. -- The for~}going instmment was acknowledged before me by /3xu[q OJ£c'ff tbs day of ~'o 17 ,20~t:~5. - ' Investments, ~ · (Seal) Witness my hand and officia~al. Notary Public %' MY c°mrmssi°n expires: qVO~ RECEIVED 7/27/2005 at ~:29 PM RECEIVING # 910313 BOOK: 592 PAGE: 371 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY