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HomeMy WebLinkAbout938324 MEN 1309065 WORK. UKlJER # 64643 SEe. 19, T37N, R1l8W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: û00223 That the undersigned, MATTHEW R. MALONEY, a married man as his sole and separate prope11y, ("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 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 77 of Leon Livingston Subdivison, 2nd filing, within Section 19, T37N, Rl18W, Lincoln County, Wyoming more particularly described as follows: BEGINNING at a point 9 feet nOlih of the southerly most tip of said lot 77. Thence along the nOlihwesterly line of said lot 77 a distance of 74 feet to a meter location. Easement to include a strip of land 20 feet in width running parallel with said northwesterly line. 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. The Grantor aclmowledges that Electric and Magnetic Fields (EMF) are naturally occurring in the transmission or distribution of electlicity, and that the Grantee has here notified Grantor that EMF testing and infOlmation 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 shall compensate Grantee for any damages to Grantee's facilities caused by Grantor, including payment of Grantee's atto11ley 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 paIiy shall have the remedy of specific perf011llance regarding this easement The rights and obligations described in this easement shall nm 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 vÜ1ue of the Homestead Exemption Laws of Wyoming. 1ft. WITNESS the Hand of the Grantor, this;>;1day of ß~cl/ STATE OF\Ù¡~\·,^ ~ } COUNTY OF Ì-- \ ""-Q~ \ V'- } The foregoing instrument was aclmowledged before me by MATTHEW R. MALONEY this c?l\lctay of \qa-\[C ~ 2008. " (Seal) County of , Lincoln State of Wyoming Witness my hand and official seal. ~.~\~ Notary Publ~ GAYLYNN TURNER - NOTARY PUBLIC My co RECEIVED 4/17/2008 at 10:39 AM RECEIVING # 938324 BOOK: 692 PAGE: 223 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY