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HomeMy WebLinkAbout930328 06/06/2007 "n_~n '<'AX 3078855787 LOWEP ..···~Y ENERGY 11 002 000869 MEMBER fI. 154520 WORK ORDER # 63735 & 63736 SEe. 26, T36N, Rl19W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: That the undersigned, WYOMING DISTRICT OF THE LUTHERAN CHURCH MISSOU:U SYNOD, A Wyoming nOli-profit corporation, ("Grantor") [or a good and valuable consideration the receipt of which is he~eby aclmowledged, do hereby grant, convey and wan-ant unto Lower Valley Ener~, 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 a:1d replacement of the electIic distribution circuits, lines and equipment of the Grantee to be constructed a:1d maintained under, upon and across the premises of Grantor in Lincoln COllnty, State of Wyoming, alon!: a line described as follows, to wit: BEING a part of the Nordic Ranches Division # 10, Lot 135 of Section 26, T36N, R119W, in Lincoln County, Wyoming more accurately described as follows. BEGINNING at the Northeast corner of said Lot 135. Thence S 14°W 22 feet to a point. Thence S 880'N 302 feet to a point. Thence S 3°W 55 feet to a transformer site. Easement to include 10 feet on each side Jf described line. 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 obstructio:1s interfering with the repair and maintenance ofthe facilities. 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 thatEMF testillg 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 )f the Grantee's distributiolllines. Grantor agrees that a11 poles, wires and other facilities, installed on or under the described lands shhll remain the property of the Grantee removable in the sole discretion ofthe 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 ÍJr 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 reserv~s the right to improve, occupy and use this easement for all purposes not inconsistent with the easement grallt. Each party shall have the remedy of specific performance regarding this easement. The rights BlJd obligations described in this easement shall run with the land. This easement is not exclusive, and Gran~or retains all rights not specifically granted by this easement. This is the entire agreement of th~ partIes regarding this easement, except as may be set forth in writing after the date of this easement a~d 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 ::s.~ , 2007. WYOMING DISTRICT OF THE LUTHERAN CHURCH MISSOURI SYNCÐ ~,,-~~:~ BY: RONALD BIRCHER STATE OF WY¡;¡!-tIA.J6, } COUNTY OF 'fÉ. 'oN } The foregoing instrument was ackno ledged before me by ''1êo,<bfLD :tflRCtYtER .' affinning proper authority as ""1£ H. E ,£.s¡~f the WYOIMNG DISTRICT OF THE LUTHERAN CHURCH MISSOURI SYNOD, tMis C;J day of 0(.111/£ ,2fu?7 (Seal) HELGA MUNZ _NOTARY PUBLlC)~it~':~~l }an.d and. 0 aIi., · .~al. COUNTY OF STATE OF / ~ / ... ~ ./ TETON WYOMIN C-. ttGl4 L/??C~~? MY COMMISSION EXPIRES AUGUST . Notary'yl lic My commission expires: lJð'jo·;lI0d' '----.. 1 RECEIVED 6/13/2007 at 11 :02 AM RECEIVING # 930328 BOOK: 661 PAGE: 869 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY