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HomeMy WebLinkAbout940006 06/10/2008 09:42 FAX 3078855787 LUWEK VAL~X ~N~KbI WO- )ER 64875 & 64876 SEe. 23, T34N, Rl19W DISTRIBUTION EASEMENT (,001.67 KNOW ALL MEN BY THESE PRESENT: That the undersigned, PRESTON LANDS, LLC a Wyoming Limited Liabmty Company, ("Grantor"'f for a good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, convey and warrant unto Lower Vaney Energy, a Cooperative Corporation, of Afton and Jackson, Wyoming and to its successors and assigns, ("Grantees"), a perpetual easement and l-ight of way for thl: construction and continued maintenance, repair, alteration and replacement of the electric distributioIl circuits, lines and equip1nent of the Grantee to be constn1cted and maintained under, upon and acrOSS th,: premises of Grantor in Lincoln County, State of Wyoluing, along a line described as follows, to wit: BEING a part of the property refenoed to as Parcel B, amended in the Deed Recorded in Book 546 on page 98 and a portion of property referred to in the Deed recorded in Book 511 PR on Page 482 in the Offiçe of the Clerk of Lincoln Cm.mty, Wyoming, witlún the NE1/4, Section 23, T34N, R119W of the 61h P.M., Lincoln County, Wyoming more particularly described as follows: BEGINNING N88°09'26"E, 210 feet from the Northwest corner of said Parcel B Amended. Thencl~ SooOZ'35"E, 142 feet to an existing power pole. EASEMENT to include 10 fect on each side of described line, together with all necessary and reasonabk rights of ingress and egress and to excavate and refiU ditches and trenches for the location and repair of said facilities and to cut, trim, spray herbicides, or remove trees, shrubbery, undergrowth or other obstT1;1ctions interfering with the repair and maintenance of the facilities. . The Gnmtor acknowledges that Electric and Magnetic Fields (EMF) are naturally occurring in th:: transmission or distribution of electricity, and that the Grantee has here notified G1"8ntor that EMF testin.?; and infounation is available upon request ftom the Grantee. This Easement by Grantor is intended t·) 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 aU poles, wires and other facilities, installed on or under the described lands sha: I 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 sball inw·e·to the benefit of and be binding upon the parties, their heiI's, executors, administrators, successors and assigns. Grantor shall compensate Grantee fer any da.Il1ages to Grantee's facilities caused by Grantor, including payn1ent of Grantee's attOTI1ey fees :f action is undertaken by Grantee to enforce the commitments described in this easen1ent. Grantor reserves the right to improve, occupy and use this easement for all purposes not inconsistent with the easement grim:. Each party shaH have the remedy of specific perfoTI11ance regarding this eaSCJnent. The rights an;! obligations described in this easeJnent shall run with the land. This easement is not ex.clusive, and Grantc·r retains all rights not specifically granted by this easement_ This is the entire agreeITlent of the parties regarding this easement, except as may be set fortb in writing after the date of this easement and signed by the parties. Grantor hereby releases and waives a111"ights by virtue of the Homestead Exemption Laws cof Wyoming. ~ WITNESS the Hand of the Grantor, this I D day of 0 \.!\""'\AL , 2008. 'M McKIM MANAG' MEMBER & MANAGER STATE OF CÞ\(,),{~Ð } COUNTY OF~) The foregoing instrument was ac1mowl¿dged before me by MARSHA pro~hority as MANAGER of PRESTON LANDS, Z008. PRESTON McKI1VJ: aftlrrnitlg LLC, this I () day lIf ,,_._(S~a.~L__ Witness 1 RECEIVED 6/23/2008 at 2:11 PM RECEIVING # 940006 BOOK: 698 PAGE: 167 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY