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HomeMy WebLinkAbout906450ME!;~ . t1307251 WORK ORDER #60618 60619 SEC. 10, T36N, R119W DISTRIBUTION EASEMENT '0785 KNOW ALL MEN BY THESE PRESENT: That the undersigned, Shadow Dancer Estates c/o Michael Kibbie, ("Grantor") for a good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, convey and warrant unto Lower Valley Energy, a Cooperative Corporation, of Alton 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 lot 17 of Shadow Dancer Estates within Section 10, T36N, R119W in Lincoln County, Wyoming more particularly described as follows: BEGINNING at a point being the NE comer of said lot 17, which is common with the SE comer of adjacent lot 16; Thence S 14°W, 80 feet to a transformer location. EASEMENT 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 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 of the Homestead Exemption Laws of Wyoming. WITNESS the Hand of the Grantor, this / day of ~4~7~45~.~f.~/ ,2004. Shadow Dancer Estates STATE OF 0~'~ } Michael Kibbie COUNTY OF The foregoing instrument was acknowledged before me by Af~i£,~.~.~l ~'~l'~ t'n+k , - this,.~ dayof [~'~(:e~L~,F ,200__q. ~e~ 'NOTARY PuBLIc- [[~~ SABRA HOPKINS I/~t/~/~1~ ~% nn 8outh 0200 West I I~l '~' I~J 8alt Lake C,y, Utah ~1~ r uy Commiaslo. Explrel ~~ ~ay 30, 2007 ,~ STATE OF UTaH My co~ssion expires: Witness my hand an~ official seal. N a~..a~ublic -I RECEIVED 2/14/2005 at 11:59 AM RECEIVING # 906450 BOOK: 578 PAGE: 785 JEANNE WAGNER LINCO~ COUNTY CLERK, KEMMERER, WY