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HomeMy WebLinkAbout942647 WORK. OKlJEK # 62lJ74 SEC.22, T33N, Rl19W ELECTRIC DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: OOû22.2 That the undersigned, Ross L. Johnson, Trustee of the Ross LaMoine Johnson Living Trust dated August 30, 1985 ("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, described as follows, to wit: BEING a portion of Southeast Quarter of Section 22, T33N, R119W, more pat1icularly described as follows: The South 60 feet of the Southeast Quat1er of said Section 22. . Easement to include 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 Grat1tee has here notified Grantor that EMF testing and infonnation 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 at1d 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 pat1ies, 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 at1d use this easement for all purposes not inconsistent with the easement grant. Each party shall have the remedy of specific performance regat"ding 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 fOl1h in writing after the date of this easement and signed by the parties. Grantor hereby releases and waives all rights by vÏ11ue of the Homestead Exemption Laws of Wyoming. WITNESS the Hand of the Gr nt , this !4tday of Il~ ,2008. STATE OF fl)tOfJ'!¡ir¡ C() COUNTY OF¡¿I V/~òl YL The foregoing instrument was acknowledged before me by Ross L. Johnson, affinning Propeguthority as the ustee of th Ross LaMoine Johnson Living Trust dated August 30, 1985, this l c:::;; day of '2008. Seal County of Lincoln HEATHER SANCHEZ - NOTARY PUBLIC State of Wyoming 5,2009 RECEIVED 10/3/2008 at 11 :41 AM RECEIVING # 942647 BOOK: 706 PAGE: 212 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1~-05 -()~ 1