HomeMy WebLinkAbout912114
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09/01/2005 13:51 FAX 307 665 5767
LOWER VALLEY ENERGY
fi! 004
WORK ORDER # 6153361534
SÈC.lO, T36N, RI 19W
DŒTRmUTIONEASEMENT
KNOW ALL MEN BY TIfESE PRESENT:
That the undersigned,FAE HOLDINGS, LLc., a limited liability company, ("Grantor") for a good and
valuable consideration, the receipt of which is hereby acknowledged, do hCTeby grant, convey und war.-ant
unto Lower Valley Energy, a Cooperative Corporation, of Mon and Jackson, Wyoming and to ilS
succesSOTS 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 md
equipment of the Grantee to be constrÙcted and maintained WIder, upon and across the premises of Grantor
in Lincoln County, State ofWyomlng, along a line described as follows, to wit:
BEING a part of Jot 9 of Shadow Dancer Estates, Section 10, T36N. R119W, in Lincoln County ,Wyondng
more particularly described as follows:
BEQINNING at a point S 89°59'20"W, 70 feet !tom the SE comer of said lot 9.
Thence N 8°W, 60 feet to a transfonner location.
EASEMENT to include 10 feet on each side of descnòed line, together with al1 necessary and reason¡ble
rights of ingress and egress and to excavate and refill ditches and trenche~ for the location and repair of ¡,aid
facilities and to cut, trim, spray hCTbicides, or remove: trees, shrub\:ery, undergrowth or other obstructions
interfering with the repair and maintenance of the facilities.
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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 infonnation is available upon request nom 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 operatiOIl of
the Grantee's distribution lines.
Grantor agrccs that an poles, wires and other facilities, installed on or undCT tbè described lands Ùan
remain the property of the Grantee rernovab]e in the sole discretion of the Grantee at the Grantee's expense.
, The rights, conditions and provisionsof1his 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 GrBI\tee's attorney fee3 if
action is undertaken by Grantee to eriforce the commitments described in this easement. Grantor reserves
: the right to improve. occupy and use this easement for an pwposes not inconsistent with the easement gunt.
1 Ea~h party shall, hav~ th~ remedy of specific ~rfonnance re~arding tbis, easement. The rights md
j obhgations descnbed ill this easement shall run WIth the land. This easement IS not exclusIVe, and Gralltor
, retains all rights not specificallY' granted by this easement. This is tbe entire agreement of tbe parties
;¡ regarding this easement, except as may be set forth in writing after the date of this easement and signee by
1 the parties. Grantor hereby releases arid waives all rights by virtue of the Homestead Exemption Law:1 of
¡ Wyoming,
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j , Holdings, LLC
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! The foregoing instrument was acknowledged before me by
1 Affinning proper authority as the ('0~~'cx--
¡ \'=~ day of ~ ,20.Q.':>
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Notary Public
i My commission expires: :?\ \ \.\. \ 2-C:~:::)¡S
DENISE D. EHRlE
CommIssIon # 1476:322
Notary PUbllc -:. Cal/fomla f
Los Angeles County, -
My Cornm.Explres Mar 14, 2008
RECEIVED 9/22/2005 at 12:00 PM
RECEIVING # 912114
BO'OK: 598 PAGE: 721
I JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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09/01/2005 16:09 FAX 801 322 8844
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FIRST AMERICAN TITLE
I4J 001/002
~OO~ [9TTg ON :nIlX~] Ot:LT fUll gOOZ¡SZ/90
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ASSIGNMENT OF MEMBERSHIP INTEREST
First American Exchange Company, LLC, It Ddaware limited liability' comp3I\Y ("Assignor"),
hereby assigns its entire membership interest, including aU of its right, title 3I\d interest in and to all capìtaJ,
profits and losses, in FAE Holdings 359729C> LLC ("EAT") to Jeffery J. Czech, Trust~e of, ,e Edw. rds
Trust utd October 17, 1997 ("Assignee"). This Assignment shall be effective as of ;': 8 "Z-"-: tJs-
I r.!hý' ~ss?ent is made pursuant to the Qualified Exchange Accommodation Agreement dated
~ between EAT and Exchan¡;or.
Assignor Warrants to Assignee that Assignor owns the entire membership interest of EAT.
Assignee agrees. thm any and all obligations of EAT or of Assignor to acquire and improve the
Replacement Property and convey it to Assignee I1re he~by deemed satisfied.
Dated as of
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t uld October 17, 1997
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3'9729C
41
(Initial EAT Acqu isition)
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09/01/2005 16:10 FAX 801 322 8844 FIRST AMERICAN TITLE
f:OOIll [9TT9 ON X1I/r~] Ot:n fULL !100Z'/!1V90
f4J 002/002
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OPTION NOTICE
f In accordance with the Qualified. Exchange Acco, mm~dation Agreement (~c "QE~") d~ted
~ 7} ð S between the undersIgned and FAE Holdmgs 3S»Z9C, lie, a Wyonung tJCJubJe
lirm~d It ability company C"BA 1"'), the undersigned hereby elects to exercise its option to acquire the
Rep~ent Pro~as defined in the QEAA) fium EAT. The closing of such acquisition shall be held
on ¿..& ð .
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The undersigned instructs BAT to accomplish the transfer of ownership by [check one]:
[ J Execution by EAT of a deed transferring the Replacement Property to ~e undersigned;
~' Execution by the sole member of EAT of an assignment of membership interest, whereby
the sole moinbership interest in the EAT shall be 1ransfofTed to the undcl".'5igned.
Dated ~ of, CZ '/ I / 0 5'"
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ee of The Edwards Trust utd Octóber 17, 1997
359729C
40
(Initial BAT Acquisition)
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