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HomeMy WebLinkAbout905236,... 0692 MEMBER #11971 WORK ORDER #60517 & 60518 SEC.25, T3 IN, RI 19W DISTRIBUTION EASE.X 1ENT KNOW AIJ. MEN BY THESE PRESENT: That the undersigned, David A. Welchman and Christine V~'elcl mmn, husband and wife, tenancy by the entireties, ("Grantor") for a good and valuable consideration, thc receipt of which is hereby acknowledged, do hereby grant, convey and warrant unto Lower Valley Enct g.~ a Cooperative Corporation, of Alton and Jackson, Wyoming and to its successors and assigns, ("Granlccs" }~ a perpetual easement and right of way for the construction and continued maintenance, repair, allcration and replacement of the electric distribution czreuits, lines and equipment of the Grantee to bc ~., instructed and ma/ntained under, upon and across the premises of Grantor m Lincoln County, State of X\'yoming, along a line described as follows, to wit: BEING a part of Welchman Family/Estates Lot 1 and Lot 2..~cct~on 25,T31N, R119W in Lincoln County, Wyoming more accurately described as follows: BEGINNING North 138 feet from the Southeast comer of s~d l,ot 2. This point being known as Point Thence S 55°E, 42 feet; Thence S 87°E, 115 feet to a transformer location. Thence from Point "A" N 55°W, 78 feet to a transformer location. RIGHT-OF-WAY Width 10 feet on each side of described 1~ ~c. iogcther with all necessary and reasonable nights of ingress and egress and to excavate and refill ditches :,,1 u'cn cbes for the location and repair of said facilities and to cut, trim, spray herbicides, or remove trees, .~ltrubbery, 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 m 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 INs Easement by Grantor is intended to include so much space as is necessary or appropriate to the pt'thence 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 discrct ,m of the Grantee at the Grantee's expense. The fights, conditions and provisions of this easement shall in urc to the benefit of and be binding upon the parties, their heirs, executors, administrators, successors and as~ ~ns. Grantor shall compensate Grantee for any damages to Grantee's facihfies caused by Grantor, inch,li~g payment of Grantee's attorney fees if action is undertaken by Grantee to enforce the commitments &'scribed in this easement. Grantor reserves the right to improve, occupy and use this easement for ali purp,,~cs 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 nm with the land. l'his easement ~s not exclusive, and Grantor retains all rights not specifically granted by this-easement. Thas ~s the entire agreement of the parties regarding this easement, except as may be set forth in writing al'tot the date of this easement and signed by the parties. Grantor hereby releases and waives all rights b3 x ,'tut of the Homestead Exemption Laws of ,2004. Wyoming. WITNESS the Hand of the Grantor, thi~__~day of _~_ .~:i' ' David A. Welchman ( 'h ristine Welchman RECEIVED 12/14/2004 at 11:21 AM RECEIVING # 905236 BOOK: 574 PAGE: 692 JEANNE WAGNER · ';'-"~ ER WY LINCOLN COUNTY CLERK,, ~:~R_j My commission expires: 1