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WORK ORDER # 61742, 61743
SEC.26, T31N, R1l9W
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DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENT:
That the undersigned, Jeffrey C.:~JDÍth and Tina Niu Smith, Trustees of the Smith Family living Trust
dated January 31, 2002, ("Grantor") fora good and valuable consideration, the receipt of which is hereby
acknowledged, do hereby grant, convey and warrant unto Lower Valley 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
follows, to wit:
BEING a portion of the SEl/4SWl/4 of Section 26, T31N, R1l9W, in Lincoln County, Wyoming more
particularly described as follows:
BEGINNING at a point approximately 510 feet south and 63 feet east of the NE comer of the SE1/4SWl/4
of said Section 26 on an existing fence line between Jeffrey C. Smith and Albert Mckay Erickson properties
known as point "A". Thence in a southerly direction along fence line a distance of 16 feet encompassing a
junction vault location. This portion of easement to include a strip of land 20 feet in width running parallel
with said fence line. Returning to point "A". Thence S 61° W, 21 feet; thence S45° W,42 feet; thence S 28°
W, 182 feet; thence S 16°W, 32 feet; thence S 3° E, 39 feet; thence S 20° W, 110 feet; thence S 11 ° W, 22
feet; thence S 1 ° E, 34 feet; S 22° E, 38 feet; thence S 5° W, 29 feet; thence S 32° W, 218 feet; thence S 34°
W, 89 feet; thence S 50° W,41 feet; thence S 89° W, 68 feet to a transfonner location.
EASEMENT 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 the location and repair of said
facilities and to cut, trim, spr~y herbicides, or remove trees, shrubbery, 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 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 of
the Grantee's distribution lines.
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Grantor llgrees that all poles, wires and other facilities, installed on or under the described lands shall
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 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 Grantee's attomey 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 all purposes not inconsistent with the easement grant.
Each party shall have the remedy of specific perfonnance regarding this easement. The rights and
obligations described in this easement shall run with the land. This easement is not exclusive, and Grantor
retains all rights not specifically 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 all rights by virtue of the Homestead Exemption Laws of
Wyoming.
WITNESS the Hand of the Grantor, this ~ day of
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Jeffrey C. Smith, Trustee
STATE OF \Jl\~o·('YW:!. }
COUNTY OF~"'1\\ ~~tð-,. }
The foregoing instrument was acknowledged before me by M. L. r:p e+-er .s I) Ý\
~g proper authority as the Trustees of the Smith Family living Trust dated January 31, 2002 this
(Q - day of k=t~"1-' 20 O-b
RECEIVED 2/23/2006 at 12:14 PM
RECEIVING# 916180
BOOK: 612 PAGE: 846
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
My commission exprres: 1"\f1'1 \ r:I I, òIOú8
official seal.
1
Notary Public
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