HomeMy WebLinkAbout911403MEMBER #1309846
WORK ORDER # 61100 & 61101
SEC. 18, T34N, Rll8W
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENT:
That the undersigned, Steven A. Capps and Deborah A. Capps, husband and wife, tenants by entireties,
("Grantor") for a good and valuable consideration, thc 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 thc 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 part of lot #2, Haystack Mountain Ranch Subdivision, Section 18, T34N, R118W of the 6th P.M.
in Lincoln County, Wyoming more particularly described as follows:
COMMENCING at a point being the SW comer of Lot #2, N 0°00'00'' E, 173 feet;
Thence N 89° 56' 11" E, 30 feet to a point of beginning.
Thence N 89° 56' 11" E, 15 feet.
EASEMENT to includel0 feet on each side of described line, together with alt necessary and reasonable
fights 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 fights and
obligations described in this easement shall run 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 ~
.,2005.
Steven A. Capps
De~b"~ra'~.~. [2apps v,
1
Witness my hand and official seal.
'Notary Public
RECEIVED 8/31/2005 at 11:00 AM
RECEIVING # 911403
BOOK: 596 PAGE: 193
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, VV'Y'
(Seal~'.-- -
I HEATHER HESS- NOTARY PUBLIC
~ Countyof'~ Stateof
~ M~,t Commission Explri~s December 05, ..... 2005~~~~..~-
My comss]on expires:
STATE OF
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