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HomeMy WebLinkAbout934780 WGJ.u.... v.i{DER # 64361 SEC. 14, T31N, R1l9W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: .000,423 That the undersigned, LARRY L. AND LUANA T. KENNINGTON FAMILY TRUST dated August 27, 1998, grantees, and assigns forever, all such right, title, interest, property, possession, claim and demand, as they may have or ought to have, in or to all the following described property, to-wit, ("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 portion of the NWl/4SWl/4 of Section 14, T31N, R1l9W, Lincoln County, Wyoming more particularly described as follows: COMMENCING at a point being the NSl/64 comer of said Section 14. Thence S 32°E, 150 feet to true point of beginning. Thence S 89°E, 15 feet to a point on the West Right of Way line of Bittercreek County Road No. 12-140. 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 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 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. 1 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 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 thç:,p~rties. Grantor hereby releases and waives all rights by virtue of the Homestead Exemption Laws of Wyòrlling. WITNESS the Hand of the Grantor, this a day of ~ ¿ =. ,2007. ~~$,J L . NNINGTON, STEE ~_J~ LUANA T. KENNÎNGTON, TRU . E RECEIVED 11/13/2007 at 11 :44 AM RECEIVING # 934780 BOOK: 678 PAGE: 423 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY The foregoing instrument was aclmowledged before me by LARRY L. KENNINGTON AND LUANA T. KENNINGTON, affirming proper authority as Trustees of Jb.e LARRY L. AND LUANA T. KENNINGTON FAMILY TRUST dated August 27, 1998 this---º--day of NO VDnße1G 2007. STATE OF PrRJZóAl/l- } COUNTY OF -R NitL } I) NOTARY PUBUC STATE OF ARIZONA Pinal County . DANIEL M. SINGH My Commission Expires April 25, 2011 My commission expires: f} P R/ L dS- do/I I 1