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HomeMy WebLinkAbout943107 WOKK OKlJl:']{ # 65143 SEe. 27, T36N, Rll9W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: OOüStì8 That the undersigned, Clinton Miles and Lacey Jo Miles, Husband and Wife, Grantees, whose address is PO Box 5373, Etna, WY 83118, their heirs and assig~s, the following described real property situated in the County of Lincoln, State of Wyoming, hereby waiving and releasing all rights under and by virtue of he homestead exemption laws of the State of Wyoming, ("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 a portion of the NEl/4SW1I4 of Section 27, T36N, Rll9W, in Lincoln County, Wyoming being part of a tract of record in the Office of the Clerk of Lincoln County in Book 460 of Photostatic Records on page 531, more particularly described as follows: COM:.MENCING at a spike on the north line of said tract, N88°40' 19"E, 261.57 feet from the NW corner of said tract; Thence N 88°40' 19"E, 200 feet along north line to a spike. Thence S 01 °11 '35"W, 224.70 feet to true point of beginning. Thence SOI °11 '35"W, 102 feet to the SE corner of said tract. Easement to include a strip of land 20 feet in width running parallel with east line of said tract. EASEMENT as described above, 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. 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. Grantor hereby releases and waives all rights by virtue of the Homestead Exemption Laws of Wyoming, WITNESS the Hand ~antor, this J!L day of ~, 2008, C~ rJ-L-J UlCiAJ\ /' ,Jo Clinton Miles Lacey Jo Milr STATE OF fJ/tom í 1101 COlmTYOF J;J~~ MW TI:e f9le-Mjng instru~J2YM ",acknowledged before me by Clinton Miles and Lacey Jo Miles, thls~day of ~ 2008. County of Lincoln State of Wyoming (Se HEATHER SANCHEZ - NOTARY PUBLIC My My COQlmission E;xpires December 5, 2009 1 RECEIVED 10/23/2008 at 3:02 PM RECEIVING # 943107 BOOK: 101 PAGE: 518 JEANNE WAGNER LINCOLN COUNTY CLERK, KE- -- ----:R, WY /;2 -()5-Cfj