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HomeMy WebLinkAbout932116 SEe. :¿~, T32N, Rl19W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: 000701 That the undersigned, Board of Lincoln County Commissioners, ("Grantor") for a good and valuable consideration, the receipt of which is hereby aclmowledged, 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 part of Sl/2NEl/4 of Section 25, T32N, R119W, in Lincoln County, Wyoming more accurately described as follows. BEGINNING at an existing power pole, S48°-00'-55"W, 8.54 feet from the southwest point of Block 6 of the Original Town site of Afton as depicted on Plat No.35R; thence N02°-56'-05"W, 241.89 feet, to Utility Box No.1; thence N20o-02'-13"E, 225.98 feet, to Utility Box No.2; thence NO 1 °_31 '-06"W, 279.07 feet, to Utility Box No.3; thence N02°-58'-33"E, 187.90 feet, to Utility Box No.4; thence N89°-19'-31"E, 357.56 feet, to Utility Box No.5; thence S03°-02'-47"W, 55,23 feet, to Utility Box No.6; AND BEGINNING at said Utility Box No.1; thence S88°-22'-09"W, 129.58 feet to Utility Box No.7; AND BEGINNING at said Utility Box No.1, thence S87°-13'-32"E, 41.23 feet to Utility Box No.8; AND BEGINNING at said Utility Box No.2; thence S88°-57'-45"E, 196.39 feet to Utility Box No.9; the BASE BEARING for this survey is the east line of the NEl/4 of Section 25, T32N, R119W, being NOoo-05'-24"E; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SUREYOR SCHERBEL L TD AFTON WY PLS 5368", with appropriate details; 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 aclmowledges 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 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 Gra.'1tee'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. WITNESS the Hand the Gra~tor, thisg\'l'! day of A\.L~tJ.s..+- ,2007. .~ B r. of Lincoln Coumy C0l1(Il1issioners / ( ~./ r¡ "'.- L . .¡.//;-'----~.. '--Tammie rchibald, Commi¡sioner' Jerrv Har':ó~.'¿1mmissioner RECEIVED 8/14/2007 at 11 :02 AM RECEIVING # 932116 BOOK: 668 PAGE: 701 STATE OF} JEANNE WAGNER COUNTY OF} LINCOLN COUNTY CLERK, KEMMERER, WY The foregoing instrument was aclmowledged before me by 7iMm;t ,!Jrwiwld, ¡¿'¡f'>f-(ðflf/eltif J;¡( '1 ~(mtV\ affirming proper authority as the Board of Lincoln County Commissioners, this ¡¡ I--~ day of ~r.. !200Î .. .....".,~~"" CORINNË ROBERTS : NOTARVPUBLlC . ( an tOUNTY OF STATE OF . LINCOLN WYOMING C ":,,.~Y,C.OM~lsSION.§XPI~E? tf~?·d:lI}l.. My commission expiresj~) ~ ;;"1:01 W ess my h~d and official seal. , l:;'~ Notary Public 1