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HomeMy WebLinkAbout912111 '''~'''''''' I)' WORK ORDER #61562 & 61563 SEC.17, T34N, Rl18W '~;00718 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: That the undersigned, Duane W. Card and Niki 'Card, husband and wife as tenants by the entireties, ("Grantor") for a good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, convey and waITant 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 the N1I2NW1I4NE1I4 of Section 17, T34N, R1l8W, 6th P.M., Lincoln County, Wyoming more particularly described as follows: COMMENCING at a point being the NW corner of that tract of land described in Warranty Deed recorded in Book 162 P.R., Page 451 and running thence west 314.77 feet; Thence south 30 feet to true point of beginning; Thence S5°W, 199 feet to a point; This portion of easement to include a strip of land 20 feet in width running parallel with west property line of said tract of land; Thence S 34° E, 169 feet to a transformer location. RIGHT-OF - WAY Width 10 feet on each side of described line, together with aJl 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. '+ v' 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 Jines. \ <1 (\ Grantor agrees that all poles, wires and other facilities, instal!ed 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, successor" and assigns. Grantor shall compensate Grantee for any damages to Grantee's facilities caused by GÅ’ntor, 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 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. \VITNESS the Hand of the Grantor, this _ day of cfl~~~~# ,2005. ,-¡44~/;ØH< Niki Card STATE OF } COUNTY OF } The foregoing instru this 'Z-7J day of acknowledged before me by Duane W. Card and Niki Card ,2005. Witness my hand and official seal. NO';/!J,~ £Iäw RECEIVED 9/22/2005 at 11 :59 AM RECEIVING # 912111 1 BOOK: 598 PAGE: 718 I~.'.',..'.'.''',,;','> JEANNE WAGNr= ~:¡¡!:¡¡¡¡~:¡¡:¡¡:~~n~·> LINCOLN COUNTY CLERK, .¿¿ ER, WY My commission expires: