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HomeMy WebLinkAbout942040 WVKl\. VKUtK 11- tJJ'IU) è5c (J)LJ/ SEC.6, DON, Rl18W ELECTRIC DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: 000323 That the undersigned, Joel Franklin Wisdom, Trustee of the Joel Franklin Wisdom Revocable Trust dated February 13, 2003, and Louise Mildred Byas, Trustee of the Louise Mildred Byas Revocable Trust dated February 13, 2003 ("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 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, 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 portion of S1I2S1I2SE1I4NE1I4 of Section 6, DON, R118W, in Lincoln County, Wyoming, more particularly described as follows: COMMENCING at the Southwest corner of said S1I2S1I2SE1I4NE1I4, thence 155 feet North 89°30' 12" East to the point of beginning; thence 132 feet North 140 East to a meter 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 intelferi!lg with the repair and maintenance of the facilities. ~Jl {~), ...1 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 infonnation is available upon request Üom 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 thè 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 unde11aken 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 pat1ies. Grantor hereby releases and waives all rights by virtue of th;¿:HO estead Exemption Laws of Wyoming. ~ t/6 P) c/:; .;:xJt)$ f) WITNESS the Hand of the Grantor, thidl... day of , ~ ~ U c '. _-.-.. STATE OF#l~trJ¡'1(Jf/ COUNTY OF ~'rJtdn The foregoing instrument was acknowledged before me by Joel Franklin Wisdom, Trustee of the Joel Franklin Wisdom Revocable Trust dated February 13, 2003, and Louise Mildred ~s, Trustee of the ~ Miltd Byas Revocable Trust dated Febroary 13, 2003, this '/s6 day of (J~ , 2008. . HE THEF SANCHEZ - NOTMY PUBLIC County of Lincoln State of Wyoming My Commission Expires December 5, 2009 ycOl 1;;;-06 -dJOC; RECEIVED 9/8/2008 at 11 :41 AM RECEIVING # 942040 BOOK: 704 PAGE: 323 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1