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HomeMy WebLinkAbout978494WORK ORDER #69218 SEC. 23, T34N, R119W KNOW ALL MEN BY THESE PRESENT: DISTRIBUTION EASEMENT That the undersigned, T &N THAYNE, LLC, a Utah limited liability company, "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 the NW1 /4NE1/4 of Section 23, T34N, R119W, within the incorporated limits of the Town of Thayne, Lincoln County, Wyoming more particularly described as follows: COMMENCING at a point on the west line of the said Northwest Quarter of the Northeast Quarter South 00 °03.3'West, 100.00 feet from the northwest comer of the said Northwest Quarter of the Northeast Quarter, found as described in that Certified Land Comer Recordation Certificate filed in the said Office; thence continuing South 00 °03.3' West, 40.78 feet to an intersection with the east right -of —way line of U.S. Highway 89; thence southerly, 165.41 feet, along the said east right—of-way line along the arc of a circular curve to the right through a central angle of 9 °25.8' with a radius of 1004.96 feet, to a point: thence continuing southerly, 60.99 feet, along the said east right -of -way line along the arc of a circular curve to the right through a central angle of 3 °28.6' with a radius of 1004.96 feet, to a point; thence North 89 °38.9' East, 219.59 feet, along an existing fence, to a point; Thence North 00° 05' West, 20 feet to true point of beginning. Thence N69 °W, 91 feet to a transformer location. 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, this day of STATE OF COUNTY OF 5414 1-164} NANCY B. LAKEY NOTARY PUBLINTATE OF UWS Niteadi rn p58933 COMM. EXP. 09012.2016 Its: Manager The foregoing instrument was acknowledged before me by Rav M. Beck, affirming proper authority as manager of T &N THAYNE, LLC, this 11 day of September, 2014. (Seal) Witness my hand and official seal. ili•.! %y. Notary Public 1 a r m =y O z 2 O M A Z G D 0 n0 z 0 c m Dz rn m m z m n o 0 rn Z to o C n m N 03b c m o N n m tj 0 m