HomeMy WebLinkAbout949108WORK ORDER #65941 & 65942
Section 4, T32N, RI 19W
DISTRIBUTION EASEMENT
x~'0 Oy S04
KNOW ALL MEN BY THESE PRESENT:
That the undersigned, BRANDON R. SOUTHWICK AND LAUNEE L. SOUTHWICK, 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 Bomieville County, State of Idaho, along a
line described as follows, to wit:
Being a part of Section 4, T32N, R119W of the 6`h P.M., Lincoln County, Wyoming.
Commencing at a point being the SW corner of said parcel; thence N, 30 feet; thence easement
begins and bears S 89° E, 179 feet.
RIGHT-OF-WAY Width 7.5 feet on each side of described centerline, 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
retails 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 4 ay of 2009.
vndon R. Southwick
LIA'A \A X o %50~ ALIC
Launee L. Southwick
STATE OF
COUNTY OF ,b /,J~ j/,q
The fore ig instrument wO acknow Hedged bef qne by Brandon R. Southwick & Launee L. Southwick,
this `day of , 20
Witn hand and offici seal.
"WkITIEN ANCHI4z2 - N®T"ANY PUBLIC
County of
Lincoln State of
Wyoming ic
My com mission Up'ite °
is v5a~
RECEIVED 8/26/2009 at 9:48 AM
RECEIVING # 949108
BOOK: 730 PAGE: 504
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY