HomeMy WebLinkAbout949110WORK ORDER #65861 & 65862 RECEIVED 8/26/2009 at 9:48 AM
Section 22, T36N, RI 19W RECEIVING # 949110
DISTRIBUTION EASEMENT BOOK: 730 PAGE: 506
JEANNE WAGNER
KNOW ALL MEN BY THESE PRESENT: LINCOLN COUNTY CLERK, KEMMERER, WY
That the undersigned, James E. & Patricia A. Tucker Revocable Trust, dated the 9" day of June 2004, and
any amendments thereto, James Everett Tucker and Patricia Ann Tucker, Trustees, ("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 Bonneville County, State of Idaho, along a line described as follows, to wit:
Being a part of Lot 3 of the Misty Meadows Estates Subdivision, Lincoln County, Wyoming.
Commencing at a point being the SW corner of said Lot 3; thence N 00 degrees 21 minutes 2 seconds
W, 30 feet; thence easement begins and bears N 6 degrees E, 310 feet; thence N 88 degrees E,16 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
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 2009.
STATE OF }
COUNTY OF
James E. Tucker
Patricia A. Tucker
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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 _L day of Ge Lx&Lx 7 2009.
z
J . Tucker
Patricia A. Tucker
STATE OF }
COUNTY OF }
The foregoing instrument was acknowledged before me by James E. Tucker & Patricia A.
Tucker, this 01) day of G,-4 f 20pi
(Seal) Witness my hand and official seal.
Notary Public
My commission expires:
CATHY TOOLSO NOTARY PUBLIC
COUNTY OF STATE OF
TETON WYOMING
MY COMMISSION EXPIRES MAY 14, 2010