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HomeMy WebLinkAbout930323 - - ~ - - - -- - - . - - - - . - . --..-... ..----..... ..............,_... "ICtvvv WORK ORDER # 63668 SEC. 19, T37N,R1l8W (ì·OO'Q tP··.,64 DISTRIBUTION EASEMENT KNOW ALL MEN BY TIIESE PRESENT: That the lmdersigned, SoUtude Holdings, LLC, a Delaware Limited Liability, Company alJd Meadowlark Construction LLC, a Wyoming Limited Liability Company, ("Grantor") for a good a1d valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, convey and wamnt 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 a:ld 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 91 of Alpine Village Subdivision Amended 9th filing, within Section 19, T37J1I". R118W, in Lincoln Calmty. Wyoming more particularly described as follows. BEGINNING ata point 491 feet South of the NE comer ofsaid lot 91 on the West Right of Way of Alpine Village Loop Road. Thence N 45"W, 112 feet, this portion of easement to include 10 feet on each side ,)f described line. Thence S M"W, 118 feet. This portion of easement to include a strip ofland 20 feet in wid:h running parallel with the North Right of Way line of said lot 91. Thence S 31°E, 200 feet. This portion I)[ easement to include 10 feet on each side of described line. EASEMENT as described above, together with all necessary and reasonable rights of ingress and egrels and to excavate and refill ditches and trenches for the location and repair of said facilities and to cut, trin, spray herbicides. or remove trees, shrubbery, undergrowth or other obstructions interfering with the repair and maintenance of the facilities. The Grantor acknowledges that Electric and Magnetic Fields (EMF) are naturally occurring in tl,e transmission or distribution of electricity, and that the Grantee has here notified Grantor that EMF testir.g and infonnation is available upon request fÌ'om the Grantee. This Easement by Grantor is intended fo include so much space as is necessary or appropriate to the presence of EMF and reasonable operation IIf 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 ofthe Grantee removable in the sole discretion of the Grantee at the Grantee's expens(~. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon t1:.e 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 commibnents 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 performance 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 partÌf'8 regarding this easement, except as may be set forth in writing after the date oftros easement ~d signed by the parties. Grantor hereby releases and waives all rights by virtue of the Homestead Exemption Laws (If Wyoming. WITNESS the Hand of the Grantor, this %,Lday of "'^...."'" ;-' ~:~~~ ----===---~ s......_LLC,.DoIawueUmlledLlabJUty01mpony~~ By:George Palomba By: Rex Doornbos STATE OF ~"'(o_\....~ COUNTY OF L . ~&.Ñ} The foregoing instrument was acknowledged before me by 'i<.:.:", ~ _..~. '1I.c::.s. proper authority as ïë::.<Z:"1Io ~of Meadowlark Construction, LLC, thIS "2.. I ".;'\. ¡O. R. NICK BAIRD - NOTARY PUBLIC .~ (Sea1) 1 State 01 W~itne~BS ~~~ial sea.l. /? '\!' Co.unty 0 : Wyoming ~ c:::::> ~ " Lincoln _ _ l My Commission Expires September 18, 2010 M> Public RECEIVED 6/13/2007 at 10:55 AM y 0 SSlonexpm:s: S _ __'" (ß,"2.o \c RECEIVING # 930323 ~P"\"(:;-.~,.... BOOK: 661 PAGE: 864 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY . affinnir. g day of