HomeMy WebLinkAbout91128607/26/2005 16:06 FAX 307 885 5787
MEMB ER/4 1310578
WORK ORDER # 61433 61434.
SEC.6, T34N, R118W
LOWER VALLEY . ERCY0 30 0 6 8 9
DISTRIBUTION EASEMENT
IGNOW ALL MEN BY THESE PKESENT:
That the undersigned, Dennis R. Benz and Lynda M. Benz, Husband and Wife as Tenants by tlte
Entirdiies, ("Gi~amor") .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 Corporatio.n,
of Afton and Jackson, Wyormng an~ to its successors and assigns, ("Grantees"), a perpetual easement at..d
right of way for the construction and continued maintenance, repair, alteration and replacement of tlte
electric distribution circuits, lines and equipment of the Grantee to be constructed and maintained under,
upon and across the premises of ~rantor in Lincoln County, State of Wyoming, along a line described ;ts
tbllows, to wit:
BEING a portion of Tract 22 of Cedar Creek Ranches Subdivision, Section 6, T34N, R118W, 6th P.M. 'n
Lincoln County ,Wyoming more part/cularly described as follows:
BEGINNING at a point being the SE Comer of Tract 22.
Thence N 67° W, 130 feet to a transformer location.
EASElV[ENT to-include 10 feet on each side. o'f 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 0fsaid
facilities and to cut, trim, . spray herbicides, or remove-it-ecs, shrubbery, undergroxvth or other obstructim~s
interfering ~4th the repair and maintenance of the facilities.
The Grantor acknowledges that Electric and Magnetic Fields (EIvI~~) are naturally occurring in tl:e
transmission or distribution of electricity, and that the Grantee has here notified Grantor that EMI: testing
and information is available upon request fi'om the Grantee. This Easement by Grantor is intended lo
include so much space as is necessary or appropriate to the presence of EM~ and reasonable operation
the Grantee's distribution lines.
Grantor a~ees that all poles, wires and other facilities, installed on or under the described lands sha{l
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
parties, theft' heirs, executors, a&mnistrators, successors and assigns. Gratator shall compensate Grantee f(
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 reserv~: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 run with the land. This easement is not exclusive, and Gram(,r
retains all fights not specifically granted by this easement. Th/s is the 'ennre agreement of the parties
regarding this easement, except .as .may be set forth in ~wirmg after the'date of this easement and signed by
the parties, Grantor hereby releases m~d wmves all rights by xfrtue of the Homestead Exempt/on 'Laws
Wyoming.
WITNESS the Hand ofthe Grantor this-~9 dayof Au4-o3~-- ,2005.
Dennis R. Be~z
STATE OF
COLTNTy OF
The foregoing mswument was acknowledged before me by
Witness my hand and official seal.
RECEIVED 0/26/2005 at 10:52 AM
RECEIVING # 911286
BOOK: 595 PAGE: 689
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY