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HomeMy WebLinkAbout908104MEMBER 0492700 WORK ORDER # 60830 & 60885 SEC.24, T3 IN, R119W DISTRIBUTION EASEMENT 0 0 4 2 4 KNOW ALL MEN BY THESE PRESENT: That the undersigned, Ivan S. Johns and Jean R. Johns, husband and wife, 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 Afton and Jackson, Wyoming and to its successors and assigns, ("Grantees"), a perpetual easement and fight 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 part of the W1/2SW1/4 of Section 24, T31N, Rll9W in Lincoln County, Wyoming more accurately described as follows: BEGINNING at a point on the East line of said Wl/2SW1/4 S 00° 07° 03" W, 1074 feet from the Northeast comer thereof. Thence N 19°W, 219 feet to a point. Thence N 78° W, 278 feet to a point. EASEMENT to includel0 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 ~f 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 fights, conditions and provisions of this easement shall in~e 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 fights and obligations described in this easement shall mn 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 fights by virtue of the Homestead Exemption Laws of Wyoming. WITNESS the Hand of the Grantor, this __day of..-.~/- r~ z~'..~,~' , 2005. Ivan S. Johns Je~Ol R. Johns STATE OF (~/L~/T//tO ,,~ } COUNTY OF ~i'K)(2c~J,/~ ) The f°reg°ing instrument w~ acknow, ledged be fore_me bYc-'J,~/~')-L/)? this /?)/"/'O day of (S, HEATHER HESS - NOTARY PUBLIC County of'/~ State of Lincoln ~ Wyoming ~ ' My Commission Expires Dece_rn_b.e.~_05_~ Witness my hand and official seal. ( Notary Public 1 RECEIVED 5~3/2005 at 12:26 PM RECEIVING # 908104 BOOK: 584 PAGE: 424 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, VVY