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HomeMy WebLinkAbout934640 WORK ORDER # 64381 SEC.10, T35N, R119W ELECTRIC DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: 000839 That the undersigned, Dream Venture n LLC ("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 Utility 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, technological upgrades or 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 Section 10, T35N, R119W, in Lincoln County, Wyoming, more particularly described as follows: COMMENCING at the North East ~orner of Lot 24, Etna Village Estates Subdivision Phase I, thence 15 feet North 88°56'58" West; thence 60 feet North 00°01 '24" East to the point of beginning; thence 100 feet North 00°01 '24" East. . I I Easement to include 15 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 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. i4 \. I 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 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 Exemp~ion Laws of Wyoming. ~ WI1NESS the Hand of the Grantor, thisd3- day of re II, LLC ~f) ~f_ ,2007. RECEIVED 11/5/2007 at 4:40 PM RECEIVING # 934640 BOOK: 677 PAGE: 839 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ennyson,~anager STATE OF tNy } COUNTY 01tWnJ Th#21 fnrørrninn i"~t,.l1mønt '-IT'JIC' i!:I....1rn"·,,u1ør1nPlrt høfnrø t'nø h" T.¡......,nfh,T TOnn'1Qnn 'JIff1rm1n,..,. nrnnø.... Q11thnr;t" 000840 The foregoing instrument was acknowledged before me by Timothy Tennyson, affIrming proper authority as Manager of Dream Venture II, LLC, this 2?J~ day of . 0(/0 bel" . 2007. . (Seal) Witness my hand and officia~ seal. @tfa&~~ Notary Public My commission expires: ~'~'Dg JOYCE E. ROSS - NOTARY PUCLlC COUNTY OF . STATE .Or ' LINCOLN WYOWiNG My Commission Expires ø . (p- 0 1