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HomeMy WebLinkAbout913845 10/07/2005 07;40 FAX 307 885 5787 MEMI3ER if- 1311054 WORl< ORDER # 61819 & 61820 SEC. 10, T36N, Rl19W LOWEr¡ VALLEY ENEHCY i4J 002 CQ029G DISTRIBUTION EASE!VŒNT KNO\V ALL MEN BY THESE PRESENT: 'That the undersigned, £illATH nU.fLDERS, L.P., whose address 2121 MidwayUoad, Can-olllon, '{ X 75006 ("Grantor") for a good i~nd valuable consideration, the receipt of which is hereby acknowJedged, do hereby grant, convey and warrant unto Lowel· Valley Energy, a Cooperative Corpomtion, of Afton and Jackson, \VyoIning and to its successQ¡-S and assigns, ("Grantees"), a perpetual eaSClIlent and right of \V¡'y for the construction and continued maintenance, repair, alteration 'JJld replacement of Ihe c]ec;tric distribution cÜ-cuits, lines and equipment of the Gnmtee to be consln¡cted and maintained under, upon ar d across the premises of Grantor in Lincoln County, State of \Vyon1ing, along a hne described as f~)lJuws, 10 wit: BEING a portion of lot 16 of Shadow Dancer Estates Subdivision, Section 10, T36N, RI19\V, jn Linco]n County ;\Vyon1ing more particularly described as follows: BEGINNING at a point being the most southerly corner of said Lot ] (j at an existing junction vault location. Thence N 8"£, 72 feet to a tran,;fonner location. EASEJVIENT to include 10 feet on each side of described line, together with all necessary and reasonab!;: rights of ingress and egTess and to excavate and rdìll ditches and trenches for the 10calJon and repair of sad facilities and to cut, tTin1, spray herbicides, or remove trees, shrubbery, undergrowth Or other obstructioll S int.;:rferi.ng wÙh the repair and rnaintenance of the l-aeilities. The Grantor acknowledges that Electric and Magnetic Fields (EMF) are naturaJJy occUlTing in th~ transrnission or distribution of electTicity, and that the Grantee has here ]1uldìed Grantor that EMF testin:~ and intèrrrnation is avaiJabJe upon request from the Grantee. This Easement by Grantor ¡ó; intended t,) include so Jnuch space as is necessary or appropriate: to the presence of ·EMF and n=asnnabJe operation of the Grantee's distribution Jines_ <:. 7 ' J/ Grantor a¡;,'rees that all poles, wires and other faciJil1es, instalJed on or under thc described lands shaH remain the property of the Grantee removable in the sole discretion of the Grantee at Ibe (Jrantee's expense. The rights, conditions and provisions of this easement shall inlu·e to the benefit of anel be binding upon lJ¡,; parties, their heirs, executors, adnlinistrators, Successors and ass"igns. Grantor shall compensate Gr,,,,tee fo- any damages to Grantee's facilities caused hy Grantor, including payment of ('.1Tanlee's attorney fees if. action is undertaken by Grantee to enforce the commilrnents described in this easemenL Grantor reserve,; the right to improve, occupy and use this casement for all purposes not inconsistent with the eascme:nt grant. Each party shall have the remedy of specitïc perfo=nce regarding this easement. ]11e rights and obligations described in this easemt,nt shall run with the land. This easement is not exclusive, and Granto~ retains all lights not specificaJJy granted by this easement. This IS the entire a¡p-ec:ment of th.;; partie;; regarding this easement, except as may be set forth in writing after the date of this ea';~¡¡¡¡;:nt and signed b;1 ~y~::'7~~'· G"ntM heœby cdea<e' ,nd waive, 'I~VJrtue of 'he n"me"oa<1 Exemp"o" Law, of WITNESS the Hanel of the Grantor, this J_Jay of~¡t . ð~~2005. ~~]. RS'I ~A BY: 1 'J: AIU) STATE OF \e'XL~ COUNTY OF ÙJ \ o.s } The foregomg mstrument was ae 'nowl",dged before me hy '(". . "_. eC.:1__b._. . Affirming proper authonty as the =---.. - cl.--=l~_ of Heath Budders, L.P thlS _mu OiÝ~__day or .l.:t:1-í)---Pf ,2CtJ!5 C::-é: f'¢?rC~\ \JG.I(-\ nef (Se ]) ~,UUU4, ~\.....' ~"#~ C....lit·· "/'r>\ ¡ : ! rI}.. .".:-¡ ..,4~" .0," ~ ,.f,t~.~~~ . KARIN ALLISON Notary Public, State of Texas My Commission Expires F6bruo.ry 15. ~009 Witness my hand and offìcial seal. ~_(LL~~5'OL0 Notary Public M, RECEIVED 11/18/2005 at 12:09 PM RECEIVING # 913845 BOOK: 605 PAGE: 296 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY In {(1' r:v C''') 'i".J ,,:ïj :, That the undersigned, Mari~nne' Schmit ßcllaucr, ~rusteee of tbe Morten~cll Family Trust dat':q] 02'9 7 September 19, 2000; and Lance ;!\-Iortcnsen and Lon Mortensen as tenants III Common, ("Grantor") for a good and valuable consideration, the receipt of which is hereby acknowJedged, do hereby graIlt, convey and wan"ant unto Lower; VaHey Energy, a Cooperative Corporation, of Afion and Jacksol1, Wyoming and to its successors ~d assigns, ("Grantees"), a perpetual easement and right of way for tlle construction and continued maintenance, repair, alteration and replacement of the electric dístributicn circuits, lines and equipment of the Grantee to be constructed and maintainerl under, upon and across Ole premises of Grantor in Lincoln COll1nty, State of Wyoming, along a line described as follows, to wit: BEING a portion of GLO Lot 2, Section 28, T36N, R119W, in Lincoln County, Wyoming more particularly descIibt:ù as follows: BEGlNNJNG at a point 510 feet north of the SW corner of said GLO lot 2 at a jW1ction vault location. Thence N 700E, 370 feet to a junction vault location; thence N 16°E, 144 feet to a transformer locaLion. EASEMENT to include 10 feet on each side of described line, together with all necessary and redsonabl e rights of ingress and egress and to excavate and refill ditches and trení.;hes for the location and repair of sai d facilities and to cut, trim, spray herbicides, or remove trees, shrubbery, undergrowth or other obstructiors 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 Gnmtee has here notified Grantor that EMF testin g and information is available upon request from the Grantee. I'his Easement by Grantor is intendd t) include so much space as is necessary or appropriate to the presence of El'YU! and reasonable operation (f the C'JTantee's distribution lines. Grantor agrees that all poles, wir¢s and other facilities, installed on or under the described Jands sha I remain the properly of the Grantee removable in the sole discretion of the Grantee at the Grantee's expenSf. The rights, conditions and provisi011s of this easement shall imu-e to the benetìt of and be binding upon th:: parties, their heirs, executors, aùministrators, successors and assigns_ Grantor sha11 compensate Grantee for any damages to Grantee's facilities caused by Grantor, including payment of Grantee's attomey fees if action is undertaken by Grantee to enforce the L:ommitments described in this easement. Grantor reserves the right to improve, occupy and use this easement for an purposes not inconsistent with the casement gran:. Each party shall have the remedy of specific ~er[unmmce re~m-dìng this. easemcnt. .The rigl~s ani obligations described in this easement shall run wIth the land. ThIs easement IS not exchlslve, and (Jrantor retains aU rights not spccif1cally granted by this easement. This is the entire agreement of the parties regarding this easement, except as inay be set forth in writing after the date of this easement and signed h'ý the parties. Grantor hereby releases and waives a11 rights by virtue of thc Homestead Exemption Laws of Wyoming. ;;;6 â WTINESS tht: Hanù of thl: Grantor; lhis¿5J ùay uf ~ ,2005. Lance Mortensen Lori Mortensen -_._--~~- } TY OF & Nn~"í'e } ~ 8'1-:1 (þ going instrument was ac1G1owledged before me by a sf- day of ()cjo /x.f"'" _, 20 êI.~ Ma~/ClJ¡;) ¡þ S'ch FIIif../ Ile/la IIlf _._~, Witness my hand and official seal. uu' >!'- M--d- ' , ç - ~}1.1... I ~I!..w ,,;¡:¡::;-J.-~~ih.- (fpvL4 ?,¡?/6,e ----,..-