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HomeMy WebLinkAbout928853 ~~ 314721 WORK ORDER # 63299 & 63518 SEC, 8, T34N, R118W uu0171 DISTRIBUTION EASEMENT KNOW ALL ~EN BY THESE PRESENT: That the undersigned, JULIUS R. V ATALARO and BECKY A. V ATALARO, husband and wife, as Tenants by the entireties ("Grantor") for a good and valuable consideration, the receipt of which is hereby aclrnowledged, 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 NEl/4SW1/4 of Section 8, T34N, R118W,6th P,~. in Lincoln County, Wyoming more particularly described as follows. BEGINNING at a point in the East line of said NEl/4SWl/4 said point being 660.60 feet N 0024'34"E from the SE comer of said NEl/4SWl/4; thence running S 89°59'41"W, 220 feet to true pint of beginning. Thence N lOW, 123 feet to a transfonner location. {'J; 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, spray herbicides, or remove trees, shrubbery, undergrowth or other obstructions interfering with the repair and maintenance of the facilities. The Grantor aclrnowledges that Electric and ~agnetic 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. Grantor agrees 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 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 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. #I WITNESS the Hand of the Grantor, this9' day of 2007. "zí;¿lttv Ub~ BECKY A:'VATALARO STATE OF WllJrJliJ~ COUNTY OF Jv( 'nL1dJI1} The fO~O~ instrument was ~OWl><1ged befOfre by<; 'itA ius Klh-Þ/ord I &1y 1/ÞÞ4 this ~ day of /Of, C : 20.t2 / (Seal) Witness my han and official seal. HEATHER SANCHEZ· NOTARY PUBLIC County of Uncoln State of Wyoming ires December 5, 2009 RECEIVED 4/30/2007 at 11 :09 AM RECEIVING # 928853 BOOK: 656 PAGE: 171 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1 I ;;-tJ6~CJ?