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HomeMy WebLinkAbout941590 MEJ\! 2040 WORK ORDER # 63573 SEC.30, T37N, Rl18W ELECTRIC DISTRIBUTION EASEMENT 000148 KNOW ALL MEN BY THESE PRESENT: That the undersigned, the Town of Alpine ("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 Utility Corporation, of Mton and Jackson, Wyoming and to its successors and assigns, ("Grantees"), a perpetual easement and right of way for the construction and continued maintenance, repair, technological upgrades or 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 40-foot strip within imd adjacent to the north boundary of Lot 9 in the Alpine West Addition to the Town of Alpine, within Section 30, T37N, R118W, in Lincoln County, Wyoming, more particularly described as follows: COMMENCING at a point being the Northwest comer of said Lot 9 on the south Right Of Way line of Buffalo Run, thence 20 feet South 00002'54"East to the point of beginning; thence 410.51 feet South 76°18'48" East; thence 680 feet North 82°13'06" East to the East property line of Lot 9. Easement to include 20 feet on each side of described line, together with all necessary and reasonable rights of ingress and egress and to ~xcavate 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 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. 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. If any action is undertaken by either party to enforce the rights and obligations of this easement, the parties agree to submit to the judge the question of who is the prevailing party and that party shall have its attorney's fees and costs paid for by the non prevailing party. 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 patties. Grantor hereby releases and waives all rights by virtue of the Homestead Exemption Laws of Wyoming. ~ of the Grantor, this ~-t;1;y of ~,2008. " 'J)~ . Victoria DeCora, Mayor STATE OF '+J'Í } COUNTY OFl..1 tJ~ The foregoing instrument was acknowledged J:fore me b~Æ'~n;:,~~a, affirming proper anthority as Mayor of the Town of Alpine, this ~day of" , 2008. f·.:O¡~II)·~ BREN(?S~):i.¡'iET" - NJi,ù,fW PUBLIC g~~;b~; (,:,~7~;)) :;.::;~;~~~, My Commission Ex)rf;<1 ___ $"", My commission expires: S /J~ /20 / I RECEIVED 8/26/2008 at 12:46 PM RECEIVING # 941590 BOOK: 703 PAGE: 148 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1