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HomeMy WebLinkAbout94740805/18/2009 19."0 FAX 3078855787 LOWET' °ATT,EY ENERGY 10 004 WORK ORDER # 65770 SEC. 34, T32N, RI 19W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: V*10 That the undersigned, Alan M. Linford and Linda Wray Linford, ("Grantor") for a good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, convey and warrant un:o 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 NE1/4NW1/4 of Section 34, T32N, RI 19W, in Lincoln County, Wyoming ma.-e particularly described as follows. COMMENCING at a point being the CN1116 of said Section 34, which is common with the SE corner of said NE 1/4NW 1/4; thence N 6°W, 124 feet to a point on the West Right of Way line of Bitter Creek Coun-.y Rd #140 and true point of beginning. Thence N76°W, 96 feet; thence N79°W, 144 feet; thence N 81°W, ~ 9 feet; thence N 79°W, 140 feet; thence N 70°W, 48 feet; thence N 71W, 9 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 sa:.d facilities and to out, 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 (END) are naturally occurring in tlLe transmission or distribution of electricity, and that the Grantee has here notified Grantor that ENE testing and information is available upon request from the Grantee. This Easement by Grantor is intended -:o include so much space as is necessary or appropriate to the presence of ENE 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 grar.t. Each party shall have the remedy of specific performance regarding this easement. The rights grid 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 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. WITNESS the Hand of the Grantor, this day of 4iu12009. Alan M. Linford STATE OF COUNTY OF Linda ray Linford The foregoing instrument was acknowledged before me by Alan M. Linford and Linda Wray Linford, this day of 2009. Witness my hand and official seal. COUNTY OF LINCOLN " z?t."d WYOMING 11 ' No Public My commission expires: M 4 RECEIVED 5/28/2009 at 12:06 PM RECEIVING # 947408 BOOK: 724 PAGE:3 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY