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HomeMy WebLinkAbout929278 ~~ - .. - - - SEC. 35, T35N, Rl19W 000657 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: That the undersigned, LEISURE VALLEY, INC, C/O TIMOTHY W. STEWART, ("Grantor'') f01 a good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, convey a:ld warrant unto Lower Valley Energy, a Cooperative Corporation, of Afton and Jackson, Wyoming and to :ts successors and assigns, ("Grantees"), a perpetual casement 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 lot 44 within Bridger View Ranches within Section 35, T35N, Rl19W, in Lincoln County, Wyoming more particularly described as follows. BEGINNING at a point being the most Westerly comer of said lot 44, on the east R-O-W line o)f Yellowstone Drive. Thence running 7.0 feet in a northerly direction along said east R-O-W line to true pobt ofbegiIming. Thence S 75°E, 146 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 sad facilities and to cut, trim, spray herbicides, or remove trees, shrubbery, 1Uldergrowth or other ObStruCti011S interfering with the repair and maintenance of the facilities. The Grantor acknowledges that Electric and Magnetic Fields (ElVIF) are naturally occurring in t}le transmission or distribution of electricity, and that the Grantee has here notified Grantor that EMF testir.g and infonnation is available upon request ftom the Grantee. This Easement by Grantor is intended 10 include so much space as is necessary or appropriate to the presence of EMF and reasonable operation (If the Grantee's distribution lines. Grantor agrees that all poles, wires and other facilities, instaHed on or 1Ulder the described lands shall remain the property of the Grantee removable in the sole discretion of the Grantee at the Grantee's expenso~. The rights, conditions and provisions of this easement shaH inure to the benefit of and be binding upon tte parties, their heirs, executors, administrators, successors and assigns. Grantor shall compensate Grantee filr 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 reserve:s 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 tms 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 partie:s 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 2.!:J day of ffJ a.X ,2007. -~Y'lNcn_ J- ( W~ BY:TIMOTH W.STEWART STATE OF ttlf ðm¡Il RP COUNTY OF ). ¡'IJ¿10/IJ} ~e fore~ingj,nstrwnent w~~knowledged bef~me by this <~"~.:a..- day of ~ y .20..J¿'¡- (Seal Witness HEATHER SANCHEZ· NOTARY PUBLIC f'" -f}; sir:. L ¡ J mcJ '--I t¿1. , :¡~JO r I Counly of Lincoln Slaleof Wyoming Myc ·ssion e.xpires:. b 5 2009 My CommisSion I:.xplres Decem er . / ;> tJ.5 ~tJ<f RECEIVED 5/11/2007 at 10:37 AM RECEIVING # 929278 BOOK: 657 PAGE: 657 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1