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HomeMy WebLinkAbout940545 MEt" 3417 WORK. UKlJER # 64976 SEe. 17, T34N, R118W DISTRIBUTION EASEMENT ~)OC027 KNOW ALL MEN BY THESE PRESENT: That the undersigned, CAL R. NIELD AND STACY A. NIELD, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES ("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 16 of Shooting Star Subdivision, Section 17, T34N, R118W, 6th P.M., Lincoln County, Wyoming more particularly described as follows: BEGINNING at a point 30 feet South and 142 feet N86D 00 'E, from the NW comer of said Lot 16. Thence S 1 DE, 123 feet to a transfonTIer 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 infonTIation 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 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 perfonTIance 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 H""d of the Grnntor, this f2t/J o~ ' 2008. ~ß.,~~ STACY A.NIEbç CAL R. NIELD STATE OFi{/YtJml'!fi} COUNTY OF;Z¡ t1&Jlfl } l11r- foregoing instrument was acknowledged before me by STACY A. NIELD, this J;)/j¡ day of r;jf41l¿. 2008. (Seal) County of Lincoln State of Wyoming HEATHER SANCHEZ - NOTARY PUBLIC Myc My Commission Expires December 5, 2009 /;)-«5-07 RECEIVED 7/15/2008 at 12:14 PM RECEIVING # 940545 BOOK: 100 PAGE: 27 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1 WUKK. UKLJtK # 64Y76 SEe. 17, T34N, Rl18W DISTRIBUTION EASEMENT ''1006128 KNOW ALL MEN BY THESE PRESENT: That the undersigned, CAL R. NIELD AND STACY A. NIELD, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES ("GTantor") 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 GTantee to be constructed and maintained under, upon and across the premises of Grantor in Lincoln County, State of Wyo.lIlÌng, along a line de8cribc:d as follows, to wit: BEING a portion of Lot 16 of Shooting Star Subdivision, Section 17, T34N, Rl18W, 6th P.M., Lince.In County, Wyoming more particularly described as follows; BEGJNNING at a point 30 feet South and 142 feet N86° OO'E, from the NW comer of said Lot 16. Thence SloE, 123 feet to a tran8fo=er location. '.,. EASEMENT to include 10 fcet on each side of de8cribed line, together with all necessary and reasonat,le rights of ingress and egre8S 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 he tran8mission or distribution of electricity, and that the Grantee has here notified GTantor that EMF testing a:fid 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 :)f the GTantee's distribution lines. Grantor agrees that all poles, wires and other facilities, in.staIled on or under the described lands shull remain the property of the Grantee removable in the sole discretion of the GTantee 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, adnrini, strators successors and assigns. Grantor shall compensate Grantee f.)r any damages to Grantee's facilities caused by Grantor, including payment of Grantee's attomey fees if action is undertaken by GTantee to enforce the cOI11I11itnlents described in this easement. Grantor reserv'~s 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 Grant.)r retains all rights not specifically granted by this easement. This is the entire agreement of the partks regarding this easement, except as may be set forth in writing after the date of this easement and signed by the parties. GTantor hereby releases and waives all rights by virtue of the Homestead Exemption Laws .)f Wyoming. 10 V VY1-e. WITNESS the Hand of the Grantor, this LD-day of ,2008. ,¿:;¿~~ CAL R. ÑIEL~ ) STATE OF ~ } COUNTY OF íVI/Yì} ~ STACY A. NIELD ~ing instrument ~2008. was acknowledged before me by CAL R. NIELD. this~ (Seal) JANICE To WOODMENCEY- NOTARY PUBUC County of A State of Teton .. ~ H.. ... .9' My Confl1litsstQ~~ ·{Øo Witness~~~~ Public 0 1 i'.,