HomeMy WebLinkAbout945068
MEr AT>Tm -4; 845320
WOJ.'-J.-" vJ.~ER # 65564
SEe. 36, T32N, Rl19W
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENT:
ûO\i732
That the undersigned, Jody M. Simkins and Kris H. Simkins, husband and wife, as tenants by the
entireties, ("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 Lot 29 of the Airport Addition Fifth Filing to the Town of Afton in Section 36, T32N,
R119W, in Lincoln County, Wyoming more particularly described as follows.
COMMENCING at a point being the NW comer of said Lot 29. Thence S 23°E, 101 feet to a junction
vault location and true point of beginning. Thence SloW, 128 feet; thence S 86°E, 66 feet; thence N 2°W,
10 feet to a transformer location.
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.
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 ofthe 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.
ntor, thisGk2day of
~
~-'
STATE OF
}
COUNTY OF
}
The foregoing instrument was acknowledged before me by Jody M. Simkins and Kris H. Simkins,
this Jo"'- day of ::r ~ .(,AV-'( 200lT
'. ~.;/ "~,~'" '-: '-,', >"r"~ .".,,;,,,,,,:.,.,:,,.:.,",,.;, ·,}.":v-"' '·_"'-:"'¡;·~;~~"~.:"_·;:,:.,;.,~=",.::..~..~'tl'!t'-V1.,\r"
~sea~)'::':~". ..: ':C;-¡'/>'/.J _ N:':JiAFW PUßLlC «
l! Cou:" ,,' 3tat3 of I
¡I:. ",..
~ L!lI,;e,¡ ¡ Wyoming ,
~ '. ' .', " §
~~,¡::;'.~,~,~:/~.~~ .',:." ::i\,n~:~': 1/X¡ ~~ ~, :':~;~'~~':::'''''¡Þ''t:,~~
Witness my hand and official seal.
¡)~~
Notary Public
My commission expires:
t. ~.,..
~£(. '1 t2( .;20/0
RECEIVED 214/2009 at 11 :25 AM
RECEIVING # 945068
BOOK: 714 PAGE: 732
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
I