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HomeMy WebLinkAbout942931 09/26/2008 11:51 FAX 3078855787 LOWER VALLEY ENERGY Ig UU5 WÚ.KK. U.KDER # 65391 & 65392 SEe. 35, T34N, Rl19W 000211 DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: That the undersigned, Douglas Bull and Jill Bull, Trustees of The Douglas Bull Family Trust da1:ed January 21, 1988, ("Grantor") for a good and valuable consideration, the receipt of which is hcn,by acknowledged, do hereby grant, convey and warrant unto Lower Valley Energy, a CooperatiVe Corporati:>n, of Afton and Jackson, Wyoming and to its successors and assigns, ("Grantees"), a perpetual easement End right of way for the construction and continued maintenance, repair, alteration and replacement of ':he electric distribution circuits, lines and equipment of the Grantee to be constructed and maintained W1der, 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 lot 5 of Salt River Ranch Subdivision, within Section 35, T34N, R119W, in Lincoln County, Wyoming more particularly described as follows: BEGINNING at a point being the NE corner of said lot 5. Thence S 61°W. 158 feet; thence S 43°W, 150 feet to a transformer location. EASEMENT to include 10 feet on each side of described line, together with all necessary and rcasona1:,le rights of ingress and egress and to excavate and refill ditches and trenches for the location and repair of sa id 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 infonnation is available upon request ttom 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 ,~f the Grantee's distribution lines. Grantor agrees that all poles, wires and other facilities, installed on or under the described lands shdl 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 sha1l compensate Grantee fhr any damages to Grantee's facilities caused by Grantor, including paym.ent of Grantee's attorney fees if action is undertaken by Grantee to enforce the connnittnents described in this easement. Grantor reserves the right to improve, occupy and use this easement for all purposes not inconsistent with the easement grar.t. Each party shall have the remedy of specific perfonnance regarding this easement. The rights ar..d obligations described in this easement sha1l 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 parti,~s 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. ~SS fue Hand of the Grantor, thís~ day of ~~4/ ~~ Dougl Bull, Trustee . STATE OF ~C:k.} COUNTY OF ~'-':...-'\ } The foregoing instrument was acknowledged before me by Douglas Bull and Jill Bull affirming prop.:r authority as Trustees of The Douglas Family Trust dated January 21, 1988, this 2.. day of O~"\O~ 2008. (Seal) My connnission expires: ~- <:::ß. Zo ------ J .~~---_.,------- ,JESS!CÞ\ DUMÞ..s NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/013/2011 RECEIVED 10/16/2008 at 1:00 PM RECEIVING # 942931 BOOK: 707 PAGE: 211 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1