HomeMy WebLinkAbout942928
WORK ORDER # 64979 & 64980
SEe. 3, T3S, R42E
DISTRIBUTION EASEMENT
000208
KNOW ALL MEN BY THESE PRESENT:
That the undersigned, STACEY G. HEINER and TAMMY C. HEINER, Trustees of the STACEY G.
AND TAMMY C. HEINER FAMILY TRUST, whose address is 1255 LCR #120, Thayne, Wyoming
83127, ("Grantor") for a good and valuable consideration, the receipt of which is hereby aclrnowledged, 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 Bonneville County, State of Iùaho, along a line desclibed as follows, to
wit:
BEING a portion of E 1/2SE 114 of Section 3, T3S, R42E, B.M. Bonneville County, Idaho more particularly
described as follows:
COMMENCING at a point being the SE comer of the E1I2SE1/4 of Section 3, thence NOooOO'08"E, 600
feet; thence N 100E, 533 feet to true point of beginning at an existing power pole. Thence N 65°W, 521 feet;
thence N 47°W, 687 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 aclrnowledges 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 trom 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, 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 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.
WITNESS the Hand of the Grantor, this l day of 0 [to 6t r
,2008.
~ (J 9..L-
STA ·EY G. HEINER, TRUSTEE
STATE OFúJ~Y'Y\.\~
COUNTY OFG~ 0Cð~ Yl }
INER,TRUSTEE
RECEIVED 10/16/2008 at 12:59 PM
RECEIVING # 942928
BOOK: 707 PAGE: 208
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
The foregoing instrument was aclrnowledged before me by STACEY G. HEINER and TAMMY C.
HEINER affirming proper authority a~~ustees of the STACEY G. AND TAMMY C. HEINER
FAMILY TRUST, this 7 dayof~ )ðe..-r 2008.
(Seal)
Witness my hand and official seal.
~~-IffAA L
N tarypu lic
My C0"3Þr;ires
\~~~VPUBLlC
LUA STATE OF
COUNTY OF WYOMING
\\ LINCOLN
ARCH 25, 2Ull
r '!!tV ç,)'>I"JIISS\r,N EXP\~~_....~~~.;;~.
\~.--~-::~~-,,~...:::_:~;~., .,:~~~~......-,.....,...,...... - "
1