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HomeMy WebLinkAbout941588 IVIJ:.IV1D,,"K fI' J)I f:J I J SEC, 14, T35N, RI19W DISTRIBUTION EASEMENT KNOW ALL MEN BY 1HESE PRESENT: 00&1.46, That the undersigned, FREDERICK W. LUTZ and SIDRLEY A. LUTZ, as Trustees of the Llltz Llving Trust dated February 29,1996, ("Grantor") for a good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, convey and WBITant lmto 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 a 1d replacement of the electric distribution circuits, lines and equipment of the Grantee to be constructed nd maintained under, upon and across the premises of Grantor in Lincoln County, State of Wyoming, along a line dc:scribed as follows, to wit: BEING a part ofSW1/4NWl/4 of Section 14, T35N, R119W, Lincoln County, Wyoming more accuratdy described as follows: BEGINNING NS9° 58' 53"E 50.10 feet SO° 09'2S"E, 264 feet trom the Northwest comer of SW 1/4NW 1/4 of said Section 14. Thence N 89°58'53"E, 270 feet to a transformer location. Easement to include 15 feet North of described line. EASEMENT as described above, together ~ith alJ necessary and reasonable rights of ingress and egress and to excavate and refiIl ditches and trenches for the location and repair ot said facilities and to cut, trim, spray herbicides, or remove trees, shrubbery, undergrowth or other obstructions interfering with the repLir and maintenance of the facilities. The Grantor acknowledges that Electric and Magnetic Fields (EMF) aTe 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 .)f the Grantee's distribution lines. ...."" Grantor agrees that alJ poles, wires and other facilities, installed on or under the described land., shdl 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 shalJ compensate Grantee f,)r 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 reservl!S the right to improve, occupy and use this easement for all purposes not inconsistent with the easement grarlt. Each party shall have the remedy of specific perfonnance 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 parti,:s regarding this easement, except as may be set forth in writing after the date of this easement and signed 1.y the parties. Grantor hereby releases and waives all rights by virtue of the Homestead Exemption Laws 1)£ Wyoming. oJ WITNESS tne Hand of the Grantor, this~ day of f} U (J... {).s ì-. 2008. \ÁdJ~.L:t= .../SHlRLEY A. TZ, TRUSTEE .é£+<~ DERICK W, LUTZ, U EE STATE OF 'W'1ØM} I/){j.. COUNTY OF 7£)-0 N} The foregoing instrument was acknowledged before me by FREDERICK W. LUTZ and SHffiLEY A. LUTZ, affirming proper authority as Trustees of the Lutz Living Trust dated February 29, 1996, this~dayof 110GU-S r 2008, (Seal) Offi,"ï!J;;t;¡ My commission expires: a..s - ~ '1 -~() J ~ JEANNINE F. ROBERTSON NOTARY PUåLIO COUNTY OF . STAni.' 01' ; ) LINCOLN WYOM N~ ;¡ ) MV COMMISSION EXPIRES MAY27, :IOU! RECEIVED 8/26/2008 at 12:45 PM RECEIVING # 941588 BOOK: 703 PAGE: 146lJEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY