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HomeMy WebLinkAbout942645 WO~ v.rU>ER # 65307 & 65321 SEe. 17, T31N, R119W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: 00û209 That the undersigned, Kaye and Betty Allred Family Trust, dated 7 November 2006, ("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: BEING located in Section 17, T3IN, R119W, in Lincoln County, Wyoming more accurately described as follows: BEGINNING N 34°l4'00"E, 1375 feet from the Southwest corner of said Section 17. Thence N 04°37'43"W, 6 feet to a point. Thence N 87°W, 370 feet to a point. 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 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. !Ú 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 connnitments 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. /(/1-. /-5'fh/lS WITNESS the Hand of the Gran~~ day of ;:;'tfJltllJ £r! 2008. ~~~.~ ~~~ Kaye . Allred, Trustee Betty W. ll'red, Trustee STATE OF øjan/Ylp)} COUNTY OF Z/'nr!O~ } The foregoing instrument was acknowledged before me by Kaye W. Allred and Betty W. Allred, affirming proper authority as Trq.stee~o~ the Kaye and Betty Allred Family Trust, dated 7 November 2006, this 16th day of ~..w/7})',)I'.r2008. (S Witness HEATHEH SANCHEZ - NOTARY PUBLIC County or Lincoln State of Wyoming My Con fnis~ion Expires December 5, 2009 Y /~-()5-~ RECEIVED 10/3/2008 at 11 :38 AM RECEIVING # 942645 BOOK: 706 PAGE: 209 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY I