HomeMy WebLinkAbout908106MEMsil :: 1309480
WORK ORDER # 60941 & 60942
SEC. 11, T33N, R118W
DISTRIBUTION EASE1V
KNOW ALL MEN BY THESE PRESENT:
RECEIVED 5/3/2005 ~' ....... PM
RECEIVING# 9tJ~:l ~:~:
BOOK: 584 ,. PAGE: 426
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
That the undersigned, Arthur H. Bernhard and Karen S. Bernhard, 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 Alton 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 portion of the SW1/4SW1/4 of Section 11, T33N, R118W, 6m P.M. in Lincoln County, Wyoming
more particularly described as follows:
COMMENCING at a point 62.22 rods North from the SE comer of the SW1/4 SW1/4 of said Section 11,
and thence running North 124.69 feet to true point of beginning.
Thence S 75° E, 15 feet; Thence S 46° E, 24 feet;
Thence S 42° E, 50 feet; Thence S 50° E, 15 feet;
Thence S 56° E, 24 feet; Thence S 58° E, 20 feet;
Thence S 63° E, 56 feet; Thence S 67° E, 20 feet;
Thence S 74° E, 42 feet to a point. This portion of easement to include 10 feet on each side of described
line. Thence N 89° 28'01"E, 152 feet to a transformer location. This portion of easement to include a strip
of land 20 feet in width running parallel with South property line.
EASEMENT as described above, together with all necessary and reasonable fights 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 fights and
obligations described in this easement shall run with the land. This easement is not exclusive, and Grantor
retains all fights 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
Arthur H. Bernhard
KaQn S. Bdr/nl~ard
d a 1.
Nota~ eubli9
1
STATE OF }
COUNT¥OF }
The foregoing instrument was acknowledged before me by ~t,'/~/~/- fi.
this ~ ,20 ~9..5'"
(Seal)
My cmrunission
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