HomeMy WebLinkAbout951151WORK ORDER #66227 66228
SEC.10, T33N, R118W
KNOW ALL MEN BY THESE PRESENT:
DISTRIBUTION EASEMENT
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That WE the undersigned, JOHN C. BEATTY AND KATHLEEN M. BEATTY, Trustees of the
KATHLEEN and JOHN BEATTY FAMILY TRUST, dated January 13, 2005, "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, State of Wyoming, along a line described as follows, to wit:
Being a part of Lot 107, Pine View Airpark Second Filing, a subdivision within the NE1 /4NE1 /4,
Section 10, T33N, R118W, Lincoln County, Wyoming.
Commencing at a point being the northernmost corner of said Lot 107; thence easement begins and
bears S 28° W, 130 feet; thence S 23 degrees W, 10 feet.
RIGHT -OF -WAY Width 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 5 day of °_,mi 2009.
Kath1- en Beatty
STATE OF eawtor�}
COUNTY OF Y I.
The foregoing instrument was acknowledged before me by 3 0 kn R.,4 4. 4 L. g to LL
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(Seal) Witness my hand and official seal.
CHRISTOPHER ROBERT SLEEPER
Commission 1797821
Notary Public California I
Monterey County
Carom. es 10, 2012