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HomeMy WebLinkAbout908100MEMBER # 1306410 WORK ORDER # 60740 & 60863 SEC. 11, T31N, R119W DISTRIBUTION EASEMENT KNOW ALL MEN BY THESE PRESENT: 004: That the undersigned, Roydell Lloyd Haderlie and Dezerene Haderlie, husband and ~vife, tenants by entireties, ("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 equiprlaent 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 part of Section 11, T31N, R119W in Lincoln County, Wyoming more accurately described as follows: BEGINNING East 672 feet, North 20 feet, from the southwest comer of said Section 11. Thence North 15 feet to a point. Thence East 84 feet to a point. Thence N 3© E, 619 feet to a transformer location. EASEMENT to include 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 Ro~ciell ~,loyd Haderlie STATE OF /~.-. } Thethis forgoing ins~mentday of w~s~~ac~owledged, 2~bef°re me by ~/ ) _ (Seal) 2005. ~~ offici al se al. ~ot~J~y Public 1 RECEIVED 5/3/2005 at 12:24 PM RECEIVING # 908100 BOOK: 584 PAGE: 420 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMM.ERER, WY