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09/20/2005 10:53 FAX 307 885 5787
LOWER VALLEY ENERGY
MEMBER #1310935
WORK ORDER # 61742, 61743
SEC.26, DIN, Rl19W
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENf:
That the 1Dldersigned, Jeffrey C. Smith and Tina Niu Smith, Trustees of the Smith Family living Trust
dated January 31, 2002, ("Grantor") for a good and valuable considenition, the receipt of which is herehy
acknoVfledged, do hereby grant, convey and warrant ooto Lower Valley Energy, a Cooperative Corporation,
of Afton and Jackson, Wyoming an<\ to its successors and assigns, ("Gran~s"), a perpetual easement aJ Id
right of way for the construction and continued maintenance, repair, alteration and replacement of ~le
electric distribution circuits, lines ,and equipment of the Grantee to be constructed and maintained undf:r,
upon and across the premises of Grantor in Lincoln County, State of Wyoming, along a line described is
follows, to wit:
BEING a portion of the SEI/4SWl/4 of Section 26, DIN, Rll9W, in Lincoln C01Dlty ,Wyoming more
accurately described as follows:
BEGINNING at a point approximately 510 feet south and 63 feet east ofthe NE comer of the SEl/4SWl/4
of said Section 26 on an existing fence line between Jeffi'ey C. Smith and Albert Mckay Erickson properti¡oS.
Thence S 310W, 290 feet; thence SloE, 30 feet; thence S 19° W, 123 feet; thence S go E, 74 feet; thence S
31 ° W, 361 feet; thence S 65° W, 22 feet to a transformer location..
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EASE¡\{ENT 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 thi: location and repair of sa ld
facilities and to cut, trim, spray herbicides, or remove trees, shrubbery, tmdergrowtb Or other obstructio:1s
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 bas 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 )f
the Grantee's distribution lines.
Grantor agrees that all po1es, wires and other facilities, installed on or under the descn'bed lands shall
remain the property of the Grantee-removable in the sole discretion of the Grantee at the Grantee's experuc.
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 br
any damages to Grantee's facilities caused by Grantor, including payment of Grantee's àttomey fees if
action is undertaken by Grantee to enforce the commitments described in this easement. Grantor reserv~s
the right to improve, occupy and use this easement for all purposes not inconsistent with the ellsement graJ It.
Each party shall have the remedy of specific performance regarding this easement. The rights aJld
obligations described in this easement shan run with the land. This easement is not exclusive, and Granbr
retains all rights not specifically granted by this easement. This is the entire agreement of the parti ~s
regarding this easement, except as may be set forth in writing after the date of this easement and signed ¡ 'y
the parties. Grantor hereby releases and waives al1 rights by virtue of the Homestead Exemption Laws ,)f
Wyoming.
WITNESS the Hand of the Grantor, this 21.day of 5~; t-fA. {- ,2005.
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Jeffrey C. Smith, Trustee
STATEOFC0.1~~
COUNTY OF ~Mœfu>
Tina
The foregoing instrument was acknowledged before me by
Affirming woper a$:p--~b~ru:tees of the Smith Family Ii
~~nd day of . r-. 2<\2b
(Seal)
My commission expires: ,t ~ ~ MO &
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RECEIVED 9/27/2005 at 10:35 AM
RECEIVING # 912244
BOOK: 599 PAGE: 226
JEANNE WAGNER
LlN~'LN COUNTY CLERK, KEMMERER, WY
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