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HomeMy WebLinkAbout914053 11'14/2005 09:46 PAX 307 885 5787 I.lJ\\'ER HLI,EY ,:NERGY ¡\1EMBER Ii 277320 WORK ORDER If 61987 SEC.JO, T35N, Rl19W DISTIUßUTrUN EASE]\lF.NT KNOW ALL MEN BY THESE PRESENT: ¡g¡ 005 ~-, () {J ':",'1 G 1 That the liI1dersigned, RUSSELL J\IOTZKUS AND MICHELLE MOTZKUS, husband and wi!'e, Tcnants by the Entireties, ("Grantor") for a good and valuable consideration, Ihe receipt 01' which is hereby aclmowledged, do hereby grant, convey and warrant unto Lower ValJey Energy, a Cooperaii/e 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 aJ ,d replacement of the electric distribution circuits, lines and equipment or the Grantee to be constructed mid maintained under, upon and across the premises of Grantor in Lincoln County, Slate of Wyoming, al')l1g a linc descnbed as follows, to wi!: BEING a portion of the NEII4SEI/4 of Section 10, T35N, R119W, Lincoln County, WyomiIlg, being p;Jrl of that tract of record in the Office of the Clerk of Lmcoln County in Book 572 of Photo 5tati~ Records (,n p;Jge 184, more particularly described as follows: REGfNNING at the SE spike of said tra~t, NOaa 07'54"W, 802,60 feet ¡rom the SE corner of said NF 1/4SE 1/4; thence S 890 44'40"W, 39.43 feet to tme point of begiJU1Ìng, Thence continuing S ~,>o 44 '40"W, 146,78 feet to the SW cürner of said u'uct /\, Easement to inc]ude a strip ur land 10 feel' in w¡dlh running parallel I'lith south Ijne of (;aet A. EASEJ\fENT as described above together with all necessary and rcasonable rights of ingress and egress and to excavate and refill ditch"s and trenches for the location and repair or said faciliti"s an..! to cut, trim, spray herbicides, or remov~ trees, ;;hrubbeIY, lD1dcr¡''YolI'th or other obstructions interkring with the repair anj maintenance of the facilities. 11}e Grantor acknowledges that Electric and Magnetic Fields (EMF) are natw'ally occlUTing in th~ transmission or distribution of eJcctricity, and that the Grantee has herc notified Grantur that EMF testin~ and iniom1ation is available upon request from the Grantee, This Easement by Grantor is inknded t) include so much space as is necessary or appropriale to the presence of EMF' and reasonable OpcTálion c f the Grantee's distribution lines. Grantor agrees that all poles, wires and other facilities, installed on or under the described lands shall remain the prúperty of th", Grantee removable in the sole discretion of the Grantee at the Grantee's expens(, The rights, conditions and provisions of this easement shall inure tn the benefit of and be binding upon th ~ parties, their heirs, executors, administrators, successors and assigns, Grantor shall compcnsate Grantee for any damages to Grantee's facilities caused by Grantor, inclnding payment of Grantee's attorney t',:es if action is undertakcn by Grantee to enforce the commitments describ"J in this easement. Grantor reserve; the right to improve, occupy and use this easement for all purposes not im'onsistent with the casemcnt gran', Each parry shall have the remedy of specific perfûffi1ance regarding this easement The rights ;ml ûbligati'1I1s described in this easement shall run with the land. This easement is not exc1usive, and Grantor retains all rights not specifically granted by this easement. This is the entire agreement of thc partic; regarding this easement, except as may be set fOlih in writing after the date of this cascm"nt and signed h¡ the partic:s, Grantor hereby releasc:s and waives all nghts by virtUe of the Homestead Exemption Laws of Wyoming, WITNESS the Hand of tbe Grantor, this !.Jay of M) 1/ {//ilZ:1605. ," '( '- [) i /7_- .C / "iJ),' I /. ' ,1 1/ ,¿" / / It ( I (IßiL l ¡I; ( ;7/¿ (l'{ , !\lICHELLE MOTZKUS 7 __,.,yo> . 2/, /J ./1.__' --¡:::., I/JAdJ' y//I/"~-C,-,.,~ ~i-^íotZK(JS ' STATE OF UJ/()/V\jAl' G COUNTY OF l, AI COl}-JV h Ii ,. 1 Id "b'or'111eby ()().')·')·{'LL' ,/\ ¡'l,,'1 /'Vlt(/'J,ç.l'ii-:'/I/Í~¡Z~d': T e orcgomg mstrument was ac mow e geu e1> c_ " . , . .. _ ' .~ ~ '" l this i ì day of. I 1<" ,200j (Sea, l~~O~¡"fI~ \,U\3L1C Witness my h,and an"dpf¡fi{, i:?seaL ~ fI íflUE.·", :YE. Of ,,-_.....,..... .~~ \ í, Oflt'. ~ . ~1 ¡"O M\~G, . " ~ ën.t-." ~~____(, COU~í'l ~: , Notary Public LI\'\GOL .---,- ~&~\\ì~~í3Þf ~.......- RECEIVED 11/30/2005 at 11 :04 AM RECEIVING # 914053 BOOK: 606 PAGE: 261 JEANNE WAGNER LINCOLN COUNTY CLERK, I-(EMMERER, WY