HomeMy WebLinkAbout910628MEMBER # 436920
WORK ORDER # 61417
SEC.35 & 36, T33N, R119W
00442
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENT:
That the undersigned, Rex S. Hepworth and Nola E. Hepworth and their successors, 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 Alton and Jackson,
Wyoming and to its successors and assigns, ("Grantees"), a perpetual easement and fight 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 located in Section 35 & 36, T33N, R119W, of the 6~ P.M. in Lincoln County ,Wyoming more
accurately described as follows:
BEGINNING South 10 feet from the W1/4 of Section 36 & El/4 of Section 35, 122 feet to a point.
Thence S 17°W, 84 feet to a point.
Thence East from the West corner of Section 36, 1473 feet to a point.
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, 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 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 fights, 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 fight 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 run with the land. This easement is not exclusive, and Grantor
retains all fights 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, thi~day of
Rex S. l~epwort~', l~ru~~ ~ -
2005.
STATE OF %~ Nola, E. Hfpwort~.~T~/fist ee ]~
COUNTY O~
(Seal) ~~ ~;
My commass~on expires:
The foregoing instrument was ackr!owledged l~efore me by
Affirmi[g..,pro, per authority.~as the '-~../.,~.~ of the'Re>( S~ I~epv~o~l~ and ~ola E. Hepx~¥h~'rust,
this ~ day ofy(~_../",4~ ,20t~)~
Witness my hand and official seal..
otary Public v -
1
RECEIVED 8/5/2005 at 11:33 AM
RECEIVING# 910628
BOOK: 593 PAGE: 442
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY