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HomeMy WebLinkAbout972377WO 68370 68371 SEC. 5, T3ON, R118W KNOW ALL MEN BY THESE PRESENT: That the undersigned, Jefferson H. England and Cynthia M. England, Husband and Wife, "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 Lot 9 of Lake Road Subdivision, No. 3 Amending Lot 8 of Lake Road Subdivision No.2. BEGINNING at a point on the west side of Lake Road Subdivision Road, 314 feet north of the SE corner of said Lot 9. Thence N 89 °W, 211 feet to a transformer. 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 X erson H. England La lig A AL C a M .ngland STATE OF L COUNTY OF The fore:oin_ instrument was acknowl re NOTARY PUBLIC •STATE OF UTAH CONMI$$IONr 607713 COMM. EX►.1542 2115 My commission expires: 5 -12-- i. 1 DISTRIBUTION EASEMENT Grantor, this RECEIVED 8/1/2013 at 9:59 AM RECEIVING 972377 BOOK: 817 PAGE: 20 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY zed before m by Y an Cynthia M. dayoj ,2013. Witness my hand official seal. 0020 WO 68370 68371 SEC. 5, T3ON, R118W KNOW ALL MEN BY THESE PRESENT: That the undersigned, Jefferson H. England and Cynthia M. England, Husband and Wife, "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 Lot 9 of Lake Road Subdivision, No. 3 Amending Lot 8 of Lake Road Subdivision No.2. BEGINNING at a point on the west side of Lake Road Subdivision Road, 314 feet north of the SE corner of said Lot 9. Thence N 89 °W, 211 feet to a transformer. 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 H d of the Grantor, this 67 day of c.JC(1%f 2013. riadrillraCT Jeff rs %n W gl. Cynthia M. England STATE OF 1 COUNTY OF J w. k. w The foregoing instrument was acknowledged before me by Jefferson H. England aHd Cynthia Eftglimtirflusband this 4-/-4-- day of 2013. MICHELLE MOTZKUS Notary Public State of Wyoming 4.� County of Lincoln 1 My Commission Expires March 15, 2017 My commission expires: DISTRIBUTION EASEMENT 1 Witness my hand and official seal. Notary Public 0021