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HomeMy WebLinkAbout911555WORK ORDER # 61522 & 61523 SEC.1, T30N, R119W DISTRIBUTION EASEMENT '006'5 KNOW ALL MEN BY THESE PRESENT: That the undersigned, Shawn Johnson, Trustee of the Shawn and Michele Johnson Family Trust, ("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 a portion of GLO Lot 1 (NE1/4NE1/4), of Section 1, T30N, R119W, 6th P.M., Lincoln County ,Wyoming more particularly described as follows: BEGINNING at a point 137 feet West and approximately 20 feet South of the NE comer of said Section 1 on the south R-O-W line of Bittercreek Road. Thence continuing west along south R-O-W line of said Bittercreek Road, 165 feet to a point. Easement to include a strip of land 20 feet in width running parallel with said south R-O-W line of Bittercreek Road. EASEMENT as stated above 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 alt 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 fights by virtue of the Homestead Exemption Laws of Wyoming. WITNESS the Hand of the Grantor, this ]o~_ day of ..... ,~ ', 2005. State of ~ Lincoln ~ Wyoming ~ ember 05 2005 ~'~ ~. My Commisslo_n_Ex_pires Dec , ~; My comnussion expires: STATE OF The foregoing instrument was acknowledged before me by Af,~lk-ming prgper authg)rity as the. Tmst~ _of the Sha~n~ Mich~l~s~n' ~ff~ly Trust, this 5me7 m and Nota~ Public RECEIVED 9/6/2005 at 1:42 PM RECEIVING # 911555 BOOK: 596 PAGE: 625 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY