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HomeMy WebLinkAbout965339WORK ORDER 67618 SEC. 23, T34N, R1 19W KNOW ALL MEN BY THESE PRESENT: That the undersigned, Don Aullman, as Trustee, for the uses and purposes set forth in the Don Aullman Family Trust between Grantor and Trustee, dated January 1, 2007, grantee, of Thayne, Lincoln County, Wyoming (mailing address: PO Box 296, Thayne, WY 83127), forever, all such right, title, interest, property, possession, claim and demand as he has or ought to have, in or to all the following described premises, in the County of Lincoln, State of Wyoming, to -wit:, "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 County, State of Wyoming, along a line described as follows, to wit: BEING a portion of NE1 /4NW1 /4 of Section 23, T34N, R119W, 6 P.M. in Lincoln County, Wyoming more particularly described as follows. COMMENCING at a point being the CN1 /16 corner of said Section 23; thence N 0 °51'01" E, 551.77 feet to a point in the center of US Highway 89; thence N 89° 08'59 "W, 164.59 feet to true point of beginning. Thence continuing N 89 °08'59 "W, 248.00 feet this portion of easement to include a strip of land 10 feet in width running with said line. Thence N5 °W, 22 feet to an existing power pole. This portion of easement to include 5 feet on each side of described line. EASEMENT to include 10 feet on each side of described line, 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, thi 2 7 day of STATE 0 COUNTY OF S��I ER i °nNi;- (.00W.a., 0 /2 9 togA D er My commission expires: U'Jy�x,rsir�ef DISTRIBUTION EASEMENT 2012. Don Aullman, Trustee The foregoing instrument was acknowledged before me by Don Aullman, affirming proper authority as Tru tee of he Don Aullman Family Trust, dated 01 01 2007, this 2 day of 2012. Witness my and and official eal. ary Public RECEIVED 6/29/2012 at 12:38 PM RECEIVING 965339 BOOK: 788 PAGE: 597 JEANNE WAGNER isinn� �i rni inITV (:I FRK KFMMFRER. WY 00597