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HomeMy WebLinkAbout912963 MEMÍ:;i,:"';'309103 ;;'ij]:¡¡1: WORK ORDER # 6133861339 SEC.24, T31N, R119W DISTRIBUTION EASEMENT r ('\1'" 8- 4 5 \.J u U KNOW ALL MEN BY THESE PRESENT: That the undersigned, SHANE CLARK AND BECKY CLARK, 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 warrant unto Lower VaHey 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 foHows, to wit: BEING a portion of the SEl/4SWl/4 of Section 24, T31N, R119W, in Lincoln County, Wyoming more particularly described as foHows: COMMENCING at a point being 120 feet South and approximately 12 feet East of the NW corner of the SEl/4SWl/4 of said Section 24 on the east R-O-W line of Lincoln County Road Number 12-147. Thence S 88° E, 195 feet to an existing overhead power line pole and true point of beginning. Thence N 26° E, 172 feet; thence N 39°E, 18 feet; thence N 62°E, 28 feet; thence N 69° E, 26 feet; thence N 81 ° E, 22 feet; thence S 84° E, 18 feet to a transformer location. EASEMENT to include 10 feet on each side of described line, together with aU necessary and reasonable rights of ingress and egress and to excavate and refiH 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 naturaUy 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 rrom 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 aH poles, wires and other facilities, instaHed on or under the described lands shaU 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 shaH inure to the benefit of and be binding upon the parties, their heirs, executors, administrators, successors and assigns. Grantor shaU 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 aU purposes not inconsistent with the easement grant. Each party shaH have the remedy of specific performance regarding this easement. The rights and obligations described in this easement shaH run with the land. This easement is not exclusive, and Grantor retains aH rights not specificaUy 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 aU rights by virtue of the Homestead Exemption Laws of Wyoming. WITNESS the Hand of the Grantor, thi/~ of (/e¡(J k/-, 2005. :i1ChU daJe CLARK ~Q~\c~ð~ CKYC STATE OF âJy¿ØJ1/J¡cJ COUNTY OF ~/ J1(l¿jh } The fore~oin instrument~w a 1m wledged before me by JhOI1 ¿ (!};/f) d &4 ad-, this !~ day of _r- , 20t2.~ . , ý41"-::'¡.1~~;::,;?"t(;,<!.::. (Se 1) HEATHER /-lESS - NOTARYPUBLiC County of' State of ~ Lincoln Wyoming i My C~mmlsslon Expires December 05 2005 ~ ~~"~~J7.t1~-t~"'::"'~"""I;.."'?:t:'( :''''::t,-,..''þ'-~ r My commission expires: RECEIVED 10/20/2005 at 10:11 AM RECEIVING # 912963 BOOK: 601 PAGE: 845 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1