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HomeMy WebLinkAbout935373 WÚKl\. vKDER # 64493 & 64494 SEe. 25, T32N, Rl19W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: 000469 That the undersigned, Lamont Hess and Kathy Hess, Husband and Wife, ("Grantor") for a good and valuable consideration, the receipt of which is hereby aclrnowledged, 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 Lot 3, Block 30, Town of Afton, Section 25, T32N, R1l9W, Lincoln County, Wyoming more particularly described as follows: BEGINNING at a point 181.50 feet East of the NW corner of said Lot 3. Thence N 88° 26.9'W, 110 feet to a point. This portion of easement to include a strip of land 20 feet in width running parallel with north line of said Lot 3. Thence S SoW, 15 feet to a transformer location. This portion of easement to include 10 feet on each side of described line EASEMENT as described above, together with all necessary and reasonable rights of ingress and egress and to excavate and refiIl 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 aclrnowledges 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. 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 shaIl 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 3 day of lk.c..f'Y\'\ h<.v" , 2007. d;w~ ~ ~œ~ athy Hes ' . Lamont Hess STATE OF } COUNTY OF } The foregoing instrument was aclrnowledged before me by Lamont Hess and Kathy Hess this 3> day of \}(c "C w-.b.(. v 2007. (Seal) TRISTAN SMITH NOTARY PUBLIC COUNTY OF . STATE OF LINCOLN . WYOMING . MY COMMISSION EXPIRES APRIL 22. 2009 Witness my hand and official seal. -- ~ ~ç;??- Notary Public - My commission expires: ~f{; I ;l?-.¡:J.oq RECEIVED 12/5/2007 at 10:59 AM RECEIVING # 935373 BOOK: 680 PAGE: 469 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1