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Home My WebLink About952385Work Order #6586 Sec 31, T37N, R118W Ktt:tIV W :3/3/2U1 U at 1:4U PM RECEIVING 5 BOOK: 743 PAGE: 256 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ELECTRICAL UTILITY EASEMENT GREYS RIVER WILDLIFE HABITAT MANAGEMENT AREA The STATE OF WYOMING, WYOMING GAME AND FISH COMMISSION, of 5400 Bishop Boulevard, Cheyenne, Wyoming, 82006, GRANTOR, for and in consideration of Ten and no /100 Dollars ($10.00) and other valuable consideration in hand paid, receipt of which is hereby acknowledged, does hereby grant unto Lower Valley Energy, Inc. a Wyoming Cooperative Utility Corporation, of Afton and Jackson, P. O. Box 188, Afton, Wyoming, 83110, GRANTEE, the following electrical utility easement, to place, construct, operate, repair and maintain over, across and under the following described property of the GRANTOR, to -wit: Township 37 North, Range 118 West, 6th P.M. Lincoln County, Wyoming Section 31: Being a part of 230.0 acres in the E1 /2E1/2, SW1 /4NE1 /4, Pt SE1 /4 as described in document No. 408928, Book 83, Pages 193 -195, recorded on June 4, 1968 in Lincoln County, Wyoming by the County Clerk, as Parcel No. 2. Page 1 of 4 00i4256 Said Utility Easement shall be buried with a length of 490 feet and a width of 7.5 feet on each side of a 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. GRANTOR acknowledges that Electric and Magnetic Fields (EMF) are naturally occurring in the transmission or distribution of electricity, and that the GRANTEE has notified GRANTOR that EMF testing and information is available upon request from the GRANTEE. This Utility 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 Utility Easement shall inure unto the benefit 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. GRANTOR reserves the right to improve, occupy and use the 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 Work Order #65864 Sec 31, T37N, R118W 00257 this easement shall run with the land. This easement is not exclusive, and GRANTOR retains all rights not specifically granted by this easement. GRANTEE covenants and agrees that nothing in this easement authorizes the construction of improvements of any kind excepting those authorized 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's representative and contact shall be the Habitat and Access Branch Supervisor, P. 0 Box 850, Pinedale, Wyoming, 82941. Telephone (307) 367 -2147 Ext. 225. GRANTEE's representative and contact shall be Lower Valley Energy, Inc. P. O. Box 572, Jackson, Wyoming, 83001. Telephone (307) 733 -2446. GRANTEE shall adhere to winter closures as established by the GRANTOR on the lands described above. Construction access shall not be allowed from November 1s through April 30th. Emergency repairs can be performed during the winter closure period only after the GRANTOR' s representative has granted approval. Construction activities will have minimal impediments to the hauling of hay to the feedgrounds and hay hauling to the feedgrounds will take precedence over any pipeline construction activities. GRANTEE shall comply with all present and future federal, state and local laws, rules, regulations, orders and other requirements applicable to GRANTEE's operations under this easement, including without limitation, laws, rules, regulations, orders and other requirements relating to the public or employee health and safety, pollution or protection of the environment, and any permits, approvals or judicial or administrative orders issued thereunder. The terms of this easement may be modified from time to time within additional consideration to comply with any future modification to federal, state and local laws, rules, regulations, orders or other requirements. This easement shall be interpreted and enforced in accordance with the laws of the State of Wyoming, except to the extent that it will be necessary to comply with federal laws, rules and regulations and except to the extent it will be necessary to comply with laws relating to Wyoming state lands. The laws of the State of Wyoming shall govern the construction, interpretation and enforcement of this easement. The Courts of the State of Wyoming shall have jurisdiction over this easement and the parties, and the venue shall be the 1 Judicial District, Laramie County, Wyoming. The parties do not intend to create in any other individual or entity the status of third party beneficiary, and this easement shall not be construed so as to create such status. The rights, duties and obligations contained in this easement shall operate only between the parties to this easement, and shall inure solely to the benefit of the parties to this easement. The provisions of this Easement are intended only to assist the parties in determining and performing their obligations under this easement. The parties to this easement intend and expressly agree that only parties signatory to this easement shall Page 2 of 4 Work Order #6586 Sec 31, T37N, R118W 000258 have any legal or equitable right to seek, to enforce this easement, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this easement, or,to bring an action for the breach of this easement. Each party shall assume -the riskof any liability arising from its own conduct. Neither party agrees to insure, defend, or indemnify the other. It is understood and agreed that the GRANTEE shall comply with Presidential Executive Order 11246 entitled, "Equal Employment Opportunity," as amended by Presidential Executive Order 11375 and supplemented in the Department of Labor Regulations (41CFR part 60), the Civil Rights Act of 1964, the Wyoming Fair Employment Practices Act (Wyo. Stat. 27 -9 -105 et seq.), and the Americans With Disabilities Act (ADA), 42 U.S.C. 12101, et seq., Section 504 of the Rehabilitation Act of 1973, Title II of the Americans With Disabilities Act of 1990, the Age Discrimination Act of 1975, and Title IX of the Education Amendments of 1972. The Grantee shall assure that no person is discriminated against based on the grounds of sex, race, religion, national origin, or disability is connection with the performance of this easement. The STATE OF WYOMING and the WYOMING GAME AND FISH COMMISSION do not waive sovereign immunity by entering into this easement and fully retain all immunities and defenses pursuant to W.S. §1- 39- 104(a) and other law. Human Trafficking as required by 22 U.S.C. 7104(g) and 2 C.F.R. Part 175, this permit may be terminated without penalty if a private entity that receives funds under this agreement; (a) Engages in server forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time that the award is in effect; or (c) Uses forced labor in the performance of the award or subawards under the award. The lands associated with this easement were acquired in part with grant funds provided by the U.S. Department of Interior, Fish and Wildlife Service, pursuant to the Federal Aid in Wildlife Restoration program, and will be managed for the purpose of this grant, in accordance with applicable Federal and State law. This property may not be encumbered, disposed of in any manner, or used for purposes inconsistent with the Program for which it was acquired without the prior written approval of the Regional Director, U.S. Fish and Wildlife Service, Region 6, Denver, Colorado. GRANTOR hereby releases and waives all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Page 3 of 4 Work Order #65864 Sec 31, T37N, R118W GRANTOR WYOMIN G E AND COMMISSION Gregg hur, b eputy Director Date Witness my hand and official se My Commission Expires: ATTES kip d Re hief F Officer /7-4 APPROVAL lic Levi Marti enior Assistant Attorney General Page 4 of 4 e0) 259 IN WITNESS WHEREOF, the GRANTOR has caused its seal to be hereunto affixed and the e present to be signed by its duly authorized officers, on this day of 200( STATE OF WYOMING ss COUNTY OF LARAMIE The foregoi instrument was acknowledged before me by Gregg Arthur, this day of 200 JA HILL NOTARY COUNTY OF LARAMIE MY ION EXPIRES MA s