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HomeMy WebLinkAbout934250 ME 'f 12294 WOKK URDER # 64333 SEe. 1, T31N, R119W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: 000284 ;$ That the undersigned, Rollin C. Gardner and Tami Gardner, Husband and Wife, ("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 aÌ1d 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 portion of the SW1I4 of Section 1, T31N, R119W, Lincoln County, Wyoming being a part of the tract of record in the Office of the Clerk of Lincoln County in Book 633, PR page 262, more particularly described as follows: COMMENCING at a point being the SW corner of a tract of record in said office in Book 642 of PR page 640, said corner also bearing S 89004'43" W along the southern line of Section 1, a distance of 210 feet ITom the SE corner of said SW1I4, to true pint of beginning. Thence N 00006'33''W along west line of said tract a distance if 206 feet to a point. Easement to include a strip of land 20 feet· in width running parallel with east line. ?f J 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. 4 ! ., \ 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 infonnation is available upon request ITom 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. 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 of the Grantor, this IlL f/:.y of ¡} (!/¡; k /"" , 2007. ~ C/~ ~YYlÆ.- Ko in C. Gardner Tami Gardner STATE OF Ultt7mil/~) COUNTY OF ¡ /rtðdl f1 } The foregoing instru~~ _w,~ _~c1rn0wledged before me by Rollin C. Gardner and Tami Gardner, this/~dayof ~) 2007. ( County of Lincoln State of Wyoming HEATHER SANCHEZ· NOTARY PUBLIC My Commission Explr.es December 5, 2009 /;)-06-09 RECEIVED 10/22/2007 at 1 :03 PM RECEIVING # 934250 BOOK: 676 PAGE: 284 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY