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HomeMy WebLinkAbout940971 ME" mTCn ~021 06 WO IT V"tU;1 i & 64892 SEe. 30, T37N, Rl18W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: d. G, P (J¡'anl1e... That the undersigned, Dee W. Call and tJiftiié F. Call, Trustees of the Dee W. Call Living Trust dated July 11, 1997, Dee W. Call and Dianne F. Call beneficiaries, of 88500 North U.S. Highway 89, Afton, WY 83110, all 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 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: 0003GO BEING a portion of Section 30, T37N, Rl18W, Lincoln County, Wyoming more particularly described as follows: COMMENCING at a point S 89°55'W, 3019 feet from the SE corner of said Section 30, on the west right of way boundary of old US 89. Thence NlloW, 155 feet to an existing power pole and true point of beginning. Thence S 81°W, 174 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 ofthe 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. ;I,~, Ò 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 Exemption Laws of Wyoming. WITNESS the Hand of the Grantor, this JIltl:1ay of -g;¡/ Y , 2~.?8 4 'ylç /, , ~f'/) (;(..(/ ~~n~<call, Trustee JI' þ( Û'ClIYJe. p ffS The foregoing instrument was acknowledged before me by Dee W. Call and Ði:atte w: Call, affirming proper authority as Trustees of the Dee W. Call Living Trust dated July 11, 1997, this /tJIIJ day of 0r-t / f 2008. (Se JÇ?-- '-v'~ Dee W. Call, Trustee STATE OF {J/tðnÙ¡g} COUNTY OF :<. i Y/ðrJ/17 } HEATHER SANCHEZ - NOTARY PUBLIC State of Wyoming Counly of Lincoln My Comrnlsslon Expires December 5, 2009 My co IssIon expIres: J;;¿ -G5-09 1 RECEIVED 8/1/2008 at 4:13 PM RECEIVING # 940971 BOOK: 701 PAGE: 360 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY