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HomeMy WebLinkAbout957246WO #66826 Section29, T37N, R118W KNOW ALL MEN BY THESE PRESENT: DISTRIBUTION EASEMENT That the undersigned, OVERLAND PROPERTIES ALPINE, LLC, a Utah limited liability company, "Grantors 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 part of Lot 1 of Greys River Cove Addition to the Town of Alpine, Lincoln County, Wyoming. Commencing at a point being the NW corner of said Lot 1, thence S 69 °22'00" E, 45 feet; thence easement begins and bears S 26° W, 20 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 4.2 day of 160 Leir 2010. RECEIVED 12/21/2010 at 9:39 AM RECEIVING 957246 BOOK: 759 PAGE: 61 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF k.) Vcch COUNTY OF S Gt Li Lot la} The foregoing instrument was acknowledged before me by this lU (Seal) My commission expires: Overland Prope day of f?., ,rhWPir 20 j b Witness my hand and official seal. .e t,Pov tall6 Notary Public HEATHER MITCHELL k t Notary Public State of Utah Comm. No. 578233 My C Tres Apr 1, 2013 I4..41 es Alpine, LLC tilitigiot /limbo( Its: (Title) Gu4 3 M,raoii?_ 0