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HomeMy WebLinkAbout970921KNOW ALL MEN BY THESE PRESENT: UTILITY DISTRIBUTION EASEMENT That the undersigned, "Grantor for a good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, convey and warrant unto, any Utility Cooperative Corporation, of Afton, Thayne and Jackson, Wyoming and to their successors and assigns, "Grantees a perpetual easement and right of way for the construction and continued maintenance, repair, alteration and replacement of the underground general utilities, not limited to but including: electric distribution circuit, line (s); natural gas or propane distribution lines, telephone communications and their 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: A strip of land located in N1/2SW1/4, Section 10, T36N R119W, Lincoln County Wyoming Legal description per attached legal prepared by SURVEYOR SCHERBEL, LTD. Titled LOWER VALLEY ENERGY, INC. KIBBIE UTILITY EASEMENT No.2 Easement to include a strip of land 20 feet in width, 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 (EMT) 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 wires, conduits, pipe and other type 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 her releases and waives all right by virtue of the Homestead Exemption Laws of Wyoming. 00311 RECEIVED 5/912013 at 4:29 PM RECEIVING 970921 BOOK: 811 PAGE: 311 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER WY PRINT NAME kArii its LR PRINT NAME WITNESS the hand of the Grantor, this ,,Za day of VTR t4 STATE OF SALT LAKE COUNTY OF LINCOLN e.0.5ev►l The foregoing was acknowledged before at/tot k Nay ��his (Seal)' VICKI A. GUNNERSON NOTARY Pt LIC•SDITEOF COMMISSIONS 663729 COMM. EXP. 02.19.2017 /AT P- I tJE F", PRINT NAME k Pv ci4 7) PRINT NAME VICKI A. GUNNERSON NOTARY PUBLIC•STATEOF UTAH COMMISSIONS 663729 COMM. EXP. 02.19.2017 me by net WITNESS the hand of the Grantor, this ,Aa day of UTA STATE OF 6 6ibt'iNe: SALT LA K E COUNTY OF hdeetPN: eas e►M e The foregoing instalment was acknowledged before me by a t `<a+keri F. Na I or, this (Seal)' Apr; I 2013. a l e r day of Ap P 1 1 2013. Witness my hand and official seal. Notary Public a. �J SIGNATURE Kehvle-H' ID Nay for a day of Apr; 2013. Witness my hand and official seal. Notary Public 2013. u03 PRINT NAME (Seal SUE E. GRIFFIN COUNTY OF LINCOLN NOTARY PUBLIC STATE OF WYOMING PRINT NAME PRINT NAME SIGNATURE Notary Public SIGNATURE SIGNATURE WITNESS the hand of the Grantor, this day of 2013. STATE OF WYOMING: COUNTY OF LINCOLN: The foregoing instrument was acknowledged before me by OIY-i this 3 day of 1 C 2013. Witness my hand and official seal. cLLQ. t ()-11 Notary Public WITNESS the hand of the Grantor, this day of 2013. STATE OF WYOMING: COUNTY OF LINCOLN: The foregoing instrument was acknowledged before me by ,this day of ,2013. (Seal)' Witness my hand and official seal. Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR LOWER VALLEY ENERGY, INC. KIBBIE UTILITY EASEMENT No. 2 To -wit: 0314 A strip of land, twenty (20) feet in width, for ingress, egress and utilities over, under and across the north twenty (20) feet of Tract R and Last Cast Drive, and the north twenty (20) feet of Lot 45, as depicted on that plat of record in the Office of the Clerk of Lincoln County with Accession No. 932861, titled "SALT RIVER COVE DIVISION NO. 2 SECOND FILING WITHIN N' /2SW' /4 SECTION 10, T36N R119W, LINCOLN COUNTY, WYOMING dated 1 August 2007, as revised. 6 February 2013 "Modification in any way of the foregoing description terminates liability of the surveyor"