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HomeMy WebLinkAbout90394355 MEM:.~~'' !:~' :2306823 WORK ORDER #19096 SEC.29, T34N, R118W DISTRIBUTION EASE 51E N T RECEIVED LINOOLN COUNTY OLERK KNOW ALL MEN BY THESE PRESENT: That the undersigned, Custom Construction, Inc. ("Grantor") Ibr a good and val~!e qqns~i¢~r[tion, the receipt of which is hereby acknowledged, do hereby grant, convey and warran!i.~qtS%O~e~ Valle~'~(}gy,, Cooperative Corporation, of Alton and JacksOn, Wyoming anti to its st, ccessorg. ~l'ag~di'~s,'-?';,'O3ki4~gg;~,,~ a perpetual easement and right of way for the construction and om, inued maintenance, repair;alteration find 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 l.i,,coln County, State of Wyoming, along a line described as follows, to wit: BEING a portion of Lot 9 of the Townsite of Bedford, Block 12 Second Filing of the Bedford Townsite, Lot 2, Block 12 of Section 29, T34N, Rll8W, of the 6t~' P.M., in Lincoln County Wyoming more particularly described as follows: BEGINNING at a point N 89°25'21"W, 33.00 feet from the NI'; ('cruet of said Lot 9. Thence S 0°40'59"W, 65.69 feet to a transformer location. RIGHT-OF-WAY Width 10 feet on each side of described linc, t~}gcther with all necessary and reasonable rights o£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, shrt~bbery, undergrowth or other obstructions interfering with the repair and maintenance of the faciliiies. 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 inut'c 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, inch,ling 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 rcga,'ding this easement. The rights and obligations described in this easement shall run with the land. Th is easement is not exclusive, and Grantor retains all rights not specifically granted by this easement, q'his 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 o£ the Homestead Exemption Laws of Wyoming. WITNESS the Hand of the Grantor, this ]g¢ day of~/)c:/~, 2004. Custom Construction, Inc. The fose~.lg instrument_was acknowledged befor.e me by --~c;' r·', kr)~ /5/~- ~ this dayof~'~r-2 ,201~_~ ''- .... '' -- (S 1) '" ~My Conqm~sg::.* F, ~" 'z ,¢ec~m.)er 05, 2005 My co~ssion expires: Witness my hand and of~cial.s~/l~