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HomeMy WebLinkAbout903453ME~R. ~421113 SECTION 5, T34N, DISTRIBUTION EASEMENT RECEIVED LINCOLN CO[JNTY CLERK KNOW ALL MEN BY THESE PRESENT: 9 0 3 5 2 om It: That the undersigned, Ronald D. Hartley and Claudia B. Ilartley, ("Grantor") for a good and valuable consideration, the receipt of which is hereby acknowledged, do hereby gra~C,¢&~ ifid'~ff[r[t~ unto Lower Valley Energy, a Cooperative Corporation, of Afton and Jackson, Wyo~'~d~:{:o:lts!;~U'~e~d~s 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 NWl/4NE1/4 of Section 5, T34N, Rl l8W, Lincoln County, Wyoming more particularly described as follows: COMM]ENCING at a point being the CN1/16 comer of said Sectiop, 5; Thence North 87 feet to true point of beginning; Thence N 64© E, 46 feet; Thence N 9© E, 44 feet; Thence N 7° E, 37 feet; Thence N 36© E, 56 feet; Thence N 12° E, 117 feet; Thence N 7° W, 113 feet; Thence N 10© E, 108 feet; Thence N 0© N, 89 feet; Thence N 14© W, 69 feet; Thence N 6© E, 23 feet; Thence N 13© E, 63 feet to a point. 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, undm:growth 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 exclumve, 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 alter 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, this34~- day of~{Z'h//~LC(,, 2004. /- Ronald ~. Hartley ' ~'/' - ~ Claudia B. Hartley [ STATE OF tU /0mi nd,-} couNT¥ov Ai co[ The foregoing instrument wA~s acknowlgdged before [ne by Ronald D. Hartley and Claudia B. Hartley, this ~ I~-i- day of 5;~z~y~g/rm,~, 20~. ? I (_Seal) I Lincoln ~/ Wyoming t My Commission Expir~es 'Q ~,~' ~ Witness my hand and official seal. .'t. {.1 ,. Notary Public,.f 1