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HomeMy WebLinkAbout903467MEMBER #1304978 WORK ORDER #60278 SEC. 12 & 1, T33N, Rll9W DISTRIBUTION EASEMENT 903 ,6-7 KNOW ALL MEN BY THESE PRESENT: RECEIVED 'L1NOOLt,4 COUNTy OLERK That the undersigned, Kurt C. Cordingly and Loma L. Cordingly, ("Gra~I~'fi,!~' g~'g~. ~'n~d~rluable consideration, the receipt of which is hereby acknowledged, do hereby grahil~ ~i{;~:ar~i'~t~fifit unto Lower Valley Energy, a Cooperative Corporation, of APron 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 land located in the NE1/4NWl/4 of Section 12 and the SE1/4SWl/4 of Section 1, both within T33N, Rll9W, of the 6m P.M., Lincoln County, Wyoming more particularly described as follows: COMMENCING at a point being the NW corner of said Section 1 and running thence S 13° 40' 27" E, 6,623.47 feet to the point of beginning; said point of beginning being a Wyoming State Highway Department R-O-W marker, 60 feet left of US Highway 89 centerline Station 1203+00; Thence N 65° 37'31" W, 15.00 feet along the highway R-O-W jog; Thence N 8° 08' 36" E, 421.42 feet; Thence N 81° 51'24" W, 40.00 feet; Thence N 8° E, 40 feet to a transformer location and irue point of beginni gi , Thence N 61° E, 96 feet; Thence S 87° E, 118 feet to an existing power pole. 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, 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 prescnce 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 cormnitments 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__ l~urt C. Cordingly STATE OF } '~day of~epT'e-,~ ~er- ,2004. Cordingly COUNTY OF } The foreeoing instrument v~as acknowledged before me by Kurt C. Cordingly and Loma L. Cordingly, this /~-/~ day of~, 20 . I Lincoln ~ Wyoming Witness my hand and official seal. Notary Public ¢..~' -