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HomeMy WebLinkAbout965334WORK ORDER #67022 67023 Section 34, T36N, R119W KNOW ALL MEN BY THESE PRESENT: DISTRIBUTION EASEMENT That the undersigned, DAVID STEPHEN GIECK and ELIZABETH LENNA GIECK, Husband and Wife, "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 2 of MaryLynn Acres, of Lincoln County, Wyoming, as described on the official plat, Instrument No.933838. Commencing at a point being NE corner of said Lot 2; thence N 89 °07'12" W, 421 feet; thence easement begins and bears S 01° W, 410 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 Z-I day of JU 2012. STATE OF W-01. COUNTY OF /mac) h The foregoing instrument was acknowledged before me by Dau; Gi L this 2l day of 2012 (Seal) My commission expires: Witness my han rr Notary Public OC .D Z i 13avid enhen Giec E�izabeth 'Le a Gieck d official seal. Michael C. Vier da Notary Public County of µ`"p State of Uncoln Wyoming My Commission Expires October 6, 2013 00592 RECEIVED 6/29/2012 at 11:52 AM RECEIVING 965334 BOOK: 788 PAGE: 592 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY