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HomeMy WebLinkAbout911280WORK ORDER # SEC. 1, T34N, R119W DISTRIBUTION EASEMENT ' 00683 KNOW ALL MEN BY THESE PRESENT: That the undersigned, LDL Properties, LLC, Tom E. Lewis, Operating Manager,, ("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 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 the NWl/4SE1/4 of Section 1, T34N, Rl l9W Lincoln County, Wyoming more particularly described as follows: COMMENCING at a point being the C S1/16 comer of said Section 1, which is common with the SW comer of the NW1/4SE1/4 of said Section 1. Thence running N 88© 52'33"W, 979.00 feet to the true point of beginning at a junction vault location. Thence N 59°E, 70 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, 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 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, thisfl~- day of /~ ~ O_s 7r- , 2005. STATE OF COUNTY LDL Properties, LLC To~m E. Le'wi~ating Manager The foregoing instrument was acknowledged before me by Affi~ning proper authority as the operating manager of LDL Properties, LLC this (Seal) I criul4~'¥ OF ~ STATE OF t ~...~~~ Nota~ Public Witness my hand and official seal. My commission expires: 1 day of RECEIVED 8/26/2005 at 10:48 AM RECEIVING # 911280 BOOK: 595 PAGE: 683 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY