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HomeMy WebLinkAbout910314~ORK ORDER # 61327 61328 SEC.27, T34N, R118W ' 0037. DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: That the undersigned, Copeland Revocable Trust; James P. and Pauline Copeland as Trustees, ("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 Afton 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 the premises of Grantor in Lincoln County, State of Wyoming, along a line described as follows, to wit: BEING a portion of lot 33 Bridger Forest Ranch Subdivision, Amended, Section 27, T34N, R118W of the 6th P.M., in Lincoln County ,Wyoming more particularly described as follows: COMMENCING at a point being the most southwesterly comer of said lot 33, which is common with the SE comer of adjacent lot 34; Thence S 60 Degrees E, 109 feet to the true point of beginning at an existing power pole; Thence N 23 Degrees E, 155 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 excavate and refill ditches and trenches for the location and repair of said facilities and to cut, trim, spray herbicides, or remove trees, shrubbery, underg[owth 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 the transmission or distribution of electricity, and that the Grantee has here notified Grantor that EMF testing and information is available upon request from the Grantee. This Easement by Grantor is intended to include so much space as is necessary or appropriate to the presence of EMF and reasonable operation of the Grantee'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 expense. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the parties, their heirs, executors, administrators, successors and assigns. Grantor shall compensate Grantee for 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 commitments 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 and obligations described in this easement shall mn with the land. This easement is not exclusive, and Grantor 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 of Wyoming. WITNESS the Hand of the Grantor, this ~ day of ,3 ~[ c/ ,2005. Trustee Pauline Copeland, Trustee STATE OF } COUNTY OF } The foregoing instrument was acknowledged before me by ~5~L0-t~ Q~ ~~ ~ , affirming pr;i~'~r authority as t~s~ees, this' ~ "J day of ~ ,20_D_~ (Seal) My co ~my hand and official seal. N'ota 1 RECEIVED 7/27/2005 at 1:30 PM RECEIVING # 910314 BOOK: 592 PAGE: 372 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY . " -00373 my Will an intestate share of my estate, I give th sum of One Dollar t~ ,,I ~ at person the or interest in my ~2[~l cna no more, in lieu of any other share EIGHTH: EXECUTOR I nominate Beverly June Jones as Executrix of this Will. If she, for any reason, declines to act, fails to qualify or ceases to act as Executrix, I nominate Paula Louise Reel as Executrix. If she for any reason declines to act, fails to qualify or ceases to act as Executrix, I ' The term Executor as us, Parsonal representative of any natural person nominat Andrews as Executrix. n this Shall include any bond shall be required as Executor herein. If my probate Copeland Revocable True hereunder to the Trustee of the ~ practical, any death taxes attributable to shall be~d b inventoried in my probate estate practical~ b~y ~ the ~f that trust, or to the extent not that trust.~- Executor he same manner as set forth under taxes to property includable in my probate estate as hattributable provided under the terms of that trust created hereunder. The term "death taxes- shall mean all state, federal and 0037 thereto. The similarity of the provisions of this Will and the provisions of any Will of my spouse shall not be construed as evidence of any such agreement. C. The titles or heading to the Articles of this Will are not a part of the Will and shall have no effect upon the construction or interpretation of any part thereof. I subscribe my name to this Will this ~ day of , 1994 at Bakersfield, Ca 'fornial / On the date below, Pauli~.,~Copelan~~ declared to us, the undersigned, that this inst~isting of 8 pages, including the page si?ed~ui a~ witn~?ses, was her Last Will and Testament and req~ested~ _---~/~/t°~":aS witnesses to it. She thereupon signed this~%~-~n our presence, all of us being ~~ea~~ ~~'''i~ ~c~to~r~e~~ri~ ~ names as witnes~e~. ~ ~ We declare under pe~y of perjury that the foregoing is true and correct, and tha~ this declaration Was executed on ~~ ~~'~ ~- ~, at'Bakersfield, California. ~~ ~__ residing at ~%$~( ~~ ~ ' 00375 Trustee of this trust. If she for any reason, declines to act, fails to qualify or ceases to act, then Donna May Andrews is appointed as Trustee of this trust. 5.03. Trustee of Terminable Interest Trust Beverly June Jones shall act as Trustee of the Terminable Interest Trust. If she for any reason, declines to act, fails to qualify or ceases to act, then Paula Louise Reel is appointed as Trustee of this trust. If she for any reason, declines to act, fails to qualify or ~es to act, then Donna May Andrews is appointed as Trustee ~ust. 5.04. ~ucc~ ~te~ ~ If at an~ime bot~Tr~tors ha~e ceased to act or are unable to act as~~ the Be~~y June Jones shall act as successor Trustee. If~he for any reason, declines to act · to qualify or cea~e~ tO~~uccessor Trustee, then Pau~afalls Louise Reel s ha~~.~s succe~s~r Trustee. If she for any r~on, decline~ t~ct~ fei TM . · .[__ ~ ~-- V~ \ ~ . ~S tO quallfy or ceases to act as T%stee. ~ · ~f any P°wer or p~.ovision hereunder would cause any . disc~a'~~ t~iving spouse hereunder to be disqualified for federa1 estate tax purposes, or the income or assets of the Disclaimer Trust to be included in the gross income or gross estate of the surviving spouse for federal income and estate tax purposes, then the surviving spouse shall not act as Trustee of this trust, but the successor Trustee shall act as Trustee of 13 This instrument is executed at Bakersfield, California on TRUSTORS - TRUSTEES PAULINE COPELA~D ~ State of California County of Kern ) ss. ~f~~-~/~~- , a , 1994, before me, Notary~ublic in and for the o~a~e, personally appeared'James p. Copeland and Pauline Copeland, personally kno%rn to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the inst~,ment the persons, or the entity upon behalf of which the persons acted, executed the instrument. NOTARY SEAL WITNESS my hand and official seal. 28