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HomeMy WebLinkAbout936879 WORK ORDER # 64103 & 64104 SEe. 15, T31N, R119W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: ùO(J394 That the undersigned, Lorain J. Bagley and Geraldine R. Bagley and their successors, Trustees, for the uses and purposes set forth in the Lorain J. Bagley and Geraldine R. Bagley Revocable Trust between Grantors and Trustee, dated the 220d day of November, 1993, Lorain J. Bagley and Geraldine R. Bagley, beneficiaries, aU such right, title, interest, property, possession, claim and demand as they have or ought to have, in or to all the following described premises, in the County of Lincoln, State of Wyoming, to wit, ("Grantor") for a good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, convey and warrant unto Lower Val1ey 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 fol1ows, to wit: BEING a part of SEl/4SWl/4 of Section 15, T31N, R119W of the 6th P.M. in Lincoln County, Wyoming more accurately described as follows. BEGINNING 60 feet S32°E ITom the Northwest comer of said SEl/4SWl/4. Thence West 15 feet to a point. Thence South 618 feet to a transformer location. 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 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. ¡ /; : '1,.--' 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 Exernption Laws of Wyoming. /1 'f t WITNESS the Hand of the Grantor, this /e¡ day of Yllft1Jtt'tt ,2007. Lorain J. Bagley and G aldine R. Bagley Revocable Trust I~ STATE OF él>ø;)U?~J COUNTY 0V~'JJrit1f¡,1jl County of Lincoln State of Wyoming The foregoing instrument was affirming proper authority as Revocable Trust, this 72. > (Seal HEATHER SANCHEZ - I~OTARY PUBLIC Myc My Çommissiqn Expires December 5. 2009 1 RECEIVED 2/12/2008 at 10:54 AM RECEIVING # 936879 BOOK: 686 PAGE: 394 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER. WY ~ LORAIN J. BAGLEY AND GERALDINE R. BAGLEY REVOCABLE TRUST OO(J395 TRUST AGREEMENT THIS AGREEMENT is made this 22nd day of November, 1993, between Lorain J. Bagley (aka Loraine J. Bagley aka Lorain Bagley) (sometimes referred to as "Lorain") and Geraldine R. Bagley (aka Geraldine Bagley) (sometimes referred to as "Geraldine"), husband and wife, of Fairview, Lincoln County, Wyoming, as Grantors and as Trustee. Grantors and Trustee, desiring to create a revocable living trust on the terms and conditions hereinafter set forth, state, confirm and agree as follows: CONVEYANCE INTRUST 1.01: All trusts established hereunder shall be collectively known and referred to as the Lorain J.'8agley and Geraldine R. Bagley Revòcabl~,.Trust. ," .'.'. 1.02: The Grantors hereby transfer, convey and assign to the Trustee the property described on the Schedule A attached hereto and made a part hereof. 1.03: Grantors, or any other person, may transfer, by will or otherwise, any other property t~ the Trustee, to be administered as provided in this instrument, and may subject the proceeds of.any insurance policies to the terms of this instrument by designating the Trustee as beneficiary thereof. II REVOCA TION . 2.01: During the joint lifetimes of the Grants>rs, the Grantors jointly may alter, amend or revoke this agreement, in whole or in part, at any time or from time to time by an instrument in writing (other than a will) signed and delivered to the Trustee. 2.02: From and after the death of the first Grantor to die, the Survivor's Trust shall be amendable and revocable by the surviving Grantor, and the Decedent's Trust shall be unamendable and irrevocable. 1 XI APPOINTMENT AND POWERS OF TRUSTEE ùOú396 11.01: The Grantors, Lorain J. Bagley and Geraldine R. Bagley, shall act as Trustees under this instrument. Upon the death, resignation or incapacity of Geraldine R. Bagley, Lorain J. Bagley may act as sole Trustee. Upon the death, resignation or incapacity of Lorain J. Bagley, Geraldine R. Bagley may act as sole Trustee. Upon the death, resignation or incapacity of both Lorain J. Bagley and Geraldine R. Bagley, Kdell Bagley shall act as sole Trustee. If Kdell Bagley fails to serve as Trustee for any reason, Darnell J. Bagley shall serve as sole Trustee. If either of them fails to serve for any reason, the successor Trustee of each trust hereby created shall be such person or such bank or trust company as shall be designated in a written instrument executed by either Grantor, or, if neither of them is living at the time, by a majority of the persons sui iuris who would be entitled to receive shares of the principal of such trust if it were then to terminate. 11.02: Any Trustee may resign or release any powers conferred' by this instrument by giving sixty (60) days' written notice to the Co-Trustee, if any, and to all adult income beneficiaries. For purposes of this Article, any person who is 18 years of age or over and is not incapacitated and to whom the Trustee is then directed or authorized to pay income is an adult income beneficiary. If there is no such beneficiary, written notice shall be given to the legal guardian or conservator, if any, or if none, to a near adult relative of each minor or incapacitated income beneficiary. 11.03: Without any conveyance or order of court, any successor Trustee shall have all the powers granted to the original Trustee and shall assume all the duties imposed upon the original Trustee. No successor Trustee shall have any responsibility to inquire into the acts of any predecessor Trustee, nor shall any successor Trustee be liable for any act or omission of any predecessor Trustee of which the successor Trustee has no actual knowledge. Any person may, without liability, rely on the written certification of a successor Trustee that such successor Trustee has been duly appointed and has power to act. 11.04: Except as otherwise provided in this instrument, the Trustee shall have the following administrative and investment powers with respect to each trust created by this instrument, to be exercised without order of any court as the Trustee determines to be in the·best interest of the beneficiaries. In the administration of any property, real or personal, at any time forming a part of the trust estate, or any trust created hereunder, including any accumulated income thereof, the Trustee, in addition to and not by way of limitation of the powers provided by ." 11.10: Any Individual Trustee, by notice in writing to his Co-Trustee, may for any period or periOds delegate all of his powers and duties to his Co-Trustee. Any person may rely on the written certification of a Co-Trustee that the Co-Trustee has the power to act without the concurrence of any other Trustee. 000397 11.11: In the event that there is more than one Trustee acting under this instrument, a majority of the Trustees may take 'any action authorized by this instrument. This Trust Agreement was signed by the Grantors, arid accepted by the Trustee, as of the 22nd day of November, 1993. ~Jd2~ ' I/. 1- Trustee, Lorai~agl y ~~~ Grantor, orain . Bagl ~~t!ß~ Trustee, Geraldine Ba ey Ý! 'ILl /I~ ~U-/!-{.vL~_~j 1C·.{;f¿ - Æ. Grantor, Geraldine R. B ey STATE OF WYOMING COUNTY OF LINCOLN 55. The foregoing Trust Agreement was acknowledged before me by Lorain J. Bagley and Geraldine B. Bagley, husband and wife, as Grantors and as Trustees. in the above mentioned Lorain J. Bagley and Geraldine R. Bagley Revocable Trust, this 26th day of January , 1994. Witness my hand and official seal. ~ \t." . "" LYNN S. SMITH . f , . . Notary Pubflo . Slate or Wyommo ., y.': Uncoln County, Wyoming ',;"...;.' Commiaalon Explrea Juno 2, 19::13 --~_.-- Á-.~~. 5 î~ TARY PUBLIC - My commission expires: June 2, 1996.