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HomeMy WebLinkAbout931048 q3}() 4 f OO,fÞ(104 l-Q-07 JEANNE WAGNER . . LINCOLN COUNTY CLERK, KEMMERER, WY That the undersIgned, Orson Mont Harmon and Loa Mae Harmon ana their successors, Trustees, lor the uses and purposes set forth in the Orson Mont Harmon and Loa Mae Harmon Revocable Trust between Grantors and Trustee, dated the Sib day of February, 1994, Orson Mont Harmon and Loa Mae Harmon, beneficiaries, all such right, title interest, property, possession, claim and demand as they have or ought to have, in or to all the following described premises, ("Grantor") for a 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: KNOW ALL MEN BY THESE PRESENT: BOOK: 664 PAGE: 10Lf BEING portions ofthe NE1I4NE1I4 and the SE1I4NE1I4 of Section 14, T31N, R119W, 6th P.M. in Lincoln County, Wyoming more particularly described as follows, BEGINNING at a point 30 feet South of the NE comer of the NE 1I4NE 114 of said Section 14, on the South Right of Way line of the Dry Creek County Road No. 146. Running thence South an approximate distance of 1880 feet to a point. Easement to include a strip of land 20 feet in width running parallel with the East line of the NE1I4NE1I4 and SE1I4NE1I4 of said Section 14. EASEMENT as described above, 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. Grantee agrees to leave R-O-W in same condition or better, after initial construction and any future repairs or maintenance, as may become necessary. , I 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 information 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. ...-,~ a . ' . Grantor agrees that all poles, wires and other facilities, installed on or under the described lands shall remain the property of the Grantee, removable at the discretion of both the Grantor and 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 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 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 S day of ~lkly ,2007, ~? ~/&$~ Orson Mont Harmon, Trustee ~ '7MçuJ J.JcVr~ Loa Mae Harmon, Trustee STATE OF (¡JYD } , COUNTY OF AI flCtJ/ '\; } Orson Mont Harmon and Loa Mae Harmon, affirming proper authority as Trustees of the Orson Mont Harmon and Loa Mae Harmo Revocable Trust, acknowledged the foregoing instrument before me this , 20.f2.':1 (Seal) 1