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HomeMy WebLinkAbout91128308/01/2005 15:30 FAX 307 885 5787 LOWER VALLEY ENERGY MEMBER # 1303296 WORK ORDER # 61462 61463 SEC.23, T31N, R119W DISTRIBIY'FION EASEN[ENT KNOW ALL MEN BY THESE PRESENT: That the undersigned, Five "T" CorpOration as intermediary for Edward C. England and JoAnn E. England, ("Grantor") for a good. and valuable consideration, the receipt of which is hereby acknowledg~l, do hereby grant, convey and warrant unto Lower Valley Energy, a Cooperative Corporation, of,M%n e nd Jackson, Wyoming and to its successors and assigns, ("Grantees"), a perpetual easement and fight of aay for the construction and continued maintenance, repair, alteration and replacement of the electdc distribution circuits, lines and equipment of the Grantee to be constructed and maintained under, upon a nd across the premises of Grantor in Lincoln County, State of Wyoming, along a line described as follows, to wit: BEING a portion of the SE1/4SE1/4 of Section 23, T31N, R119W, in Lincoln County ,Wyoming mc.re particularly described as follows: BEGINNING 144 feet, N 00°37'I I" E of the SE corner of the SE1/4SE1/4 of said SectiOn 23 at a location known as point "A". Thence N 89° W, 101 feet to a transformer location. This portion of the Easement to include l0 feet each side of described line. Returning to po .4.. Thence N 00°37, 11" E, 525 feet to a point on east property 1/ne. This port/on of easement to include a trip of land 20 feet in width running parallel with said east property line. E .ASEMENT as described above, together w/th all necessary and reasonable ,4~u,. _~ :__ and ' ,--~ ~u~ ululgres$ alia e els to excavate and refill d]tehes and trenches for the location and repair of said facilities and to cut, spray herbicides, or remove trees, shrubbery, undergrowth or other obstructions interfering with the ripair 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 EM2F testir.g and informatiOn is available upon request 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 distribution lines. Grantor agrees that all poles, wires and other facihties, 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 ex-pens,:. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon tlc parties, their heirs, executors, administrators, successors and assigns. Grantor shall compensate Grantee f<,r 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 comments described in this easement. Grantm' reserw~ 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 a~d obligations described in this easement shall run with the land. This easement is not exclusive, and Grantor retains all rights not specificaUy granted by this easement. This is the entire agreement of the parti{~s regarding this easement, except as may be set forth in writing after the date of this easement and signed l:y the parties. Grantor hereby releases and waives all rights by virtue of the Homestead Exemption Laws (ff Wyoming. STATE Or /ABt'} coum¥ or } The foregoing instrument was acknowledged before me by affirming proper authority as the intermediary for Edward C. England and jo Ann E. England. this 2- day of .A~_A,.~ . ,201~_.~ (Seal) My commission expireS: ,,CS;";~-. JOANN E. LOUTH :~/~ rs)~ NOTARY PUBLIC* STATS otuT4H }f,[' 5732 South 1475 East STE '~.%.x..'~.,ff~.,/~.~,,~' Ogden, Utah 84403 ~: --'"?:":~?- :>' COMM. EXP. 01-05-2008 Witness my hand an~~ RECEIVED 8/26/2005 at 10:51 AM RECEIVING # 911283 BOOK: 595 PAGE: 686 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY