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HomeMy WebLinkAbout911557MEMBER # 1304621 WORK ORDER # 61614 SEC.26, T34N, R119W 006'>7 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: That the undersigned, Richard B. Odemar, TRUSTEE OF THE GROL TRUST DATED NOVEMBER 1, 1999, ("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 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 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 lot 32 of Riverview Ranchettes Second Filing, Section 26, T34N, R119W, in Lincoln County ,Wyoming more particularly described as follows: BEGINNING at a point approximately 310 feet West of the NE comer of said lot 32 and true point of beginning. Thence S 13© E, 88 feet to a new 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 fights, 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 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 and obligations described in this easement shall mn with the land. This easement is not exclusive, and Grantor retains all fights 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 .~c,-r~-day of /0o~c,~.-F-' ,2005. ~/'R~c~ard B. ~-cie~ar, Trustee ~i. GROL TRUST STATE OF V/yot~t/,.lG } DATED NOVEMBER 1, 1999 cotn, OF Lt,.t c,/.-o The foregoing instrument was acknowledged before me by ' .~_,/_x';.,~2 _F~// ; ]~. r'rr2/"77! A~n~.~_g proper authority as the TRUSTEE OF THE GROI~ TRUST DATED N'~VE~,fI~'E-R 1, '19'9~', this '-xoo' ---- day of /)o*~*."F ,20o£ (Seal) ~::.-.:,~:,~:,._ . } HEATHER FIESS - NOTARY PUBLIC I County of' ~ Stateof ~ Lincoln ~l Wyoming ~ Commission Em December,05, 2005 Witness my hand and official seal. RECEIVED 9~6/2005 at 1:42 PM RECEIVING # 911557 BOOK: 596 PAGE: 627 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY