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HomeMy WebLinkAbout903451MEMBER # 1303433 WORK ORDER #60270 SEC.6, T31N, R118W DISTRIBUTION EASEhlENT RECEIVED 'LINCOLN COUNTY CLERK KNOW ALL MEN BY THESE PRESENT: 903k51 ct, 0CT-6 t tt: That We the undersigned, Melvin Dean Shoell and Angela Colleen Shoell, ("Grant, o3"') for a ~ood and ' . ..... .~tq~7 '&,~,r, ~ vhluable cons~deratmn, the receipt of which is hereby acknowledged do here~- ~r~'~r; ~onvey~.ah~-wqarrant unto Lower Valley Energy, a Cooperative Corporation, of Alton and Jac[~on,-~5~ormng and-.to ~s 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 IBllows, to wit: BEING a portion of the N1/2S 1/2SW1/4 of Section 6, T31N, R11SW, 6'h P.M., Lincoln County, Wyoming more particularly described as follows: COMMENCING at a point on the North line of said N1/2S1/2SW1/4; said point being N 89° 43' 30" E, 39.39 feet from the NW corner of the N1/2S1/2SW1/4 of said Section 6; Thence Southerly 28.87 feet along Easterly R-O-W line of US Highway No. 89; Thence S 89° 57' 37" E, 103.76 feet; Thence S 00° 02' 23" W, 9.00 feet; Thence S 89° 57' 37" E, 28.50 feet; Thence S 00° 02' 23" W, 70.00 feet; Thence N 89° 57'37" W, 128.99 feet to true point of beginning. Thence S 85° E, 240 feet; Thence S 5° W, 115 feet; Thence S 61 o W, 87 feet to a transformer location. RIGHT-OF-WAY Width 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, uudergrowth 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 c~f the Homestead Exemption Laws of Wyoming. WITNESS the Hand of the Grantor, this fi/5 day of ~ ,2004. Melvin Dean Shoell ~ng'ela Colleen Shoell STATEOF //0/~,, ~D'k.~ } ~'"'"*[{(.}56~ m.' The foregoing instrument was acknowledged before me by MeMn Dean Shoell and Angela Colleen Shoell, this ~-~0 day of ~ .,2 -(Y~~ (Seal) '['AMARA HORSLEY - NOTARY PUBLIC County of ~ State of Lincoln ~ Wyoming My Cornm ssion Expires September 8, 2006 Witness my hand and official seal. Notary Public 1