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HomeMy WebLinkAbout940546 WU 71 ö4~y 1 & 64892 SEe. 30, TI7N, Rl18W DISTRIBUTION EASEMENT RECEIVING # 940546 BOOK: 700 PAGE: 29 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY KNOW ALL MEN BY THESE PRESENT: That the W1dersigned, Alota Sand & Gravel, Inc., a Wyoming Corportation, of Alpine, Lincoln Coun.ty, Wyoming (mailing address: POBox 3802, Alpine, WY 83128: ("Grantor") for a good and valuahle consideration, the receipt of which is hereby acknowledged, do hereby grant, convey and warrant ur.to Lower Valley Energy, a Cooperative Corporation, of Afton and Jackson, Wyoming and to its successors ¡od assigns, ("Grantees"), a perpetual easement and right of way for the construction and continu~d maintenance, repair, alteration and replacement of the electric distribution circuits, lines and equipment of the Grantee to be constructed and maintained W1der, upon and across the premises of Grantor in Lincoln County, State of Wyoming, along a line described as folJows, to wit: BEING a portion of Section 30, T37N, Rl 18W, Lincoln County, Wyoming more particularly described as follows: COMMENCING at a point S 89°55 'W, 3019 feet from the SE comer of said Section 30, on the west right of way bOW1dary of old US 89. Thence NlloW, 155 feet to an existing power pole and true point .Jf beginning. Thence S 81°W, 174 feet to a transformer location. EASEMENT to include 10 feet on each side of described line, together with aU necessary and reasonable rights of ingress and egress and to excavate and refill ditches and trenches for the location and repair of sa.,d 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 tile transmission or distribution of electricity, and that the Grantee has here notified Grantor that EMF testìr.g and information is available upon request from the Grantee. This Easement by Grantor is intended 10 include so much space as is necessary or appropriate to the presence of EMF and reasonable operation of the Grantee's distribution lines. 7 Grantor agrees that all poles, wires and other facilities, installed on or W1der the described lands shalJ remain the property of the Grantee removable in the sole discretion of the Grantee at the Grantee's expens.~. The rights, conditions and provisions of this easement shalJ inure to the benefit of and be binding upon tl.e 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 W1dert¡¡.ken by Grantee to enforce the commitments described in this easement. Grantor resefVI:s the right to improve, occupy and use this easement for all purposes not inconsistent with the easement graIlt. 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 Gran~or retains all rights not specifically granted by this easement. This is the entire agreement of the partH:s regarding this easement, except as may be set forth in writing after the date of this easement ~d signed t y the parties. Grantor hereby releases and waives all rights by virtue of the Homestead ExemptIOn Laws of Wyo ng. , tm. 2°"", of J Ll ~ ' 2008. ';:) 8~\{'~ð ) , STATE OF \J\J !ovvÚ "'2) COUNTY OF U N.O h\ } The foregoing instrument was acknowledged before me by Douglas Naef, affirming proper authority liS of A10ta Sand & Gravel, Inc., a Wyoming Corporation, of Alpine, Lincoln County, Wyoming, and JacquIyn Naef, affirming p.roper ,authority as V('~C~ e ~ of Alola Sand & Gravel, Inc., a Wyoming Corporation, of Alpme, Lmcoln County, Wyommg thIS :LV\. day )f ~ \Å'\¿ 2008. (Seal) 3Qhaîd~\~~ Notary Public My commission expires: \0 -~'\ -\ \ SUE E. GRIFFIN NOTARY PUBLIC COUNTY OF . STATE OF LINCOLN WYOMING fo8i COMMISSION EXPIRES OC108ER 19, 2011