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HomeMy WebLinkAbout948391WO # 65742 & 65743 SEC. 4, T33N, RI 18W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: That the undersigned, WILLIAM R. LEWIS and CRAIG BARBER, as tenants in common, ("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 NW1/4SE1/4 of Section 41 T33N, R118W, Lincoln County, Wyoming more particularly described as follows: COMMENCING at a point being the NE corner of the NW1/4SE1/4 which is common with the CE1/16 of said Section 4. Thence S 14°W, 118 feet; thence S77°W, 157 feet to a transformer location and true point of beginning. Thence S 52°W, 16 feet; thence N 43°W, 64 feet thence N 52°W, 39 feet; thence N 45°W, 113 feet to an existing power pole. 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 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 of the Grantor, this day of ~_Fj, 52009. - 91~ WILLIAM R. LEWIS CRAIG B ER STATE OF ,xG~ S COUNTY OF The foregoing inst ment was acknowledged before me by 1' C' lr bel_ this day of 2009. (Seal) SARA M. HOLLAND Notary Public, State of Texas My Commission Expires My commission expires: it>~ess my hand and 4f~cial seal. A 0i Notary Public RECEIVED 7/20/2009 at 11:53 AM RECEIVING # 948391 BOOK: 727 PAGE: 742 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WO # 65742 & 65743 SEC. 4, T33N, RI 18W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: That the undersigned, WILLIAM R. LEWIS and CRAIG BARBER, as tenants in commo:a, ("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 distributicar 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 NWl/4SE1/4 of Section 4, T33N, R118W, Lincoln County, Wyoming move particularly described as follows: COMMENCING at a point being the NE corner of the NW 1/4SE1/4 which is common with the CEl/16 of said Section 4. Thence S 14°W, 118 feet; thence S77°W, 157 feet to a transformer location and true point +af beginning. Thence S 52°W, 16 feet; thence N 43°W, 64 feet thence N 521W, 39 feet; thence N 45°W, 113 feet to an existing power pole. 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 (EtbIF) ure naturally vuuuT ine Vic transmission or distribution of electricity, and that the Grantee has here netifitd Grantor Vpa-T ElYIF testulg and information is available upon request fmm the Grantee. This Easement ty Grantor is ititeuicd t include so much space as is necessary or appropriate to the presence of EMF and reasonable operation of tj-,= v:tS:dt ' Grantor agrees that all pkulcs, wires and Other facilities, installed on or under the described lands shili remain the_. nrnn!!ry of the (granter rumovahle in the sole discretion of the Grantee at the Granter's cxvc n ,c_ -•'k•.. _'..l.a.. d..dri.....,r ...-..7 3' er ~ CSiu:-i.±.iL. and! a -`_'{I _ . _ O'-iT~ 43 F'f .zr 4:= !:;s:c TIE' - r.,.._ _ L r P c Pam es, tr'.atr n£t ' '.Y:rn-utur-s as,3iigllL. Ggw1r.:i any damages to Grantee's facilitim caused by Gra:utur, iticludiag lyayttreat of ( anten.'s aYmaoe action is t~ndertakert by iirantee to enfirLe the commitments described in this r t rrt;t , , p''+~'..~ x. '•.~rs vEsF'! iS~ _._-e y0- iris:].. _ Iu~ x.37 r }.dom. gd tzin P,; z, ha u.» 2=,-X'df ;3; '-pem t.+. =3 cE skmr=_ ? axe n- g;:rs o-...,. - _.._..!L IT3 k"}jn ai-- ,9.. ; n,r 7,'1 3.3 .~_t i. :'Lf,':.~c-, v, •rY,ri ' _ a,T±i, ,.>r an,~, r~c-allu ~r~!T~1~+3 i.v t-nis ratirirjrnt Tniti is i:irr. cT!i:irr. evrrrrrrrrrt n[ ('n~ 3 + rrT ~s °^'T .-r::FV tyr ! t .'^r T- Ll =7Ttr_T Ln.+" .iIr• rtt Lna :_t .Y L4F1: i!GC G!lj E~1Gi.7~:! Q[tSi !S!t2t ~Z G'LL Ct LN try, II LZl~ liL Elie [YCLniestei- d E/kealpinjit L.irms of r WI .L VA 111)^ i5 CRAIG BARBEE, ..r:'n,1-rz''~~ c~,c~G ✓C'it.c~TUI ne fvscguiog instrumilu waS awiurvwitdg- Gci--- rue by LL~ s ~ l I ~-M Y. t7(y~_ this_j~_day of j 2009. iT: MNrYbM~MMMNAuMMIbMIMMIMR/lMf AMMM PENN'S L. JONES - NOTARY PUBLIC' COUNTY OF STATE OF SWEETWATER WYOMING Notary P ' lic , t,. ~ `743