HomeMy WebLinkAbout908688WORK ORDER # 60996
SEC.35, T31N, Rll9W
DISTRIBUTION EASEMENT
KNOW ALL MEN BY THESE PRESENT:
That the undersigned, Deloy R. Barrus and Ruth S. Barrus, 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 portion of the E1/2NE1/4 of Section 35, T31N, Rl l9W in Lincoln County,Wyoming more
particularly described as follows:
CO1VRdTENCING at a point on the East line of said EI/2NE1/4, S00°00'30"W, 900.87 feet from the NE
comer thereof;
Thence S 77°25'53"W, 373.96 to a point On the easterly R-O-W line of Bitter Creek County Rd No.12-140;
and true point of beginning.
Thence S 1 i°E, 123 feet;
Thence S 60° E, 65 feet to a transformer location.
EASEMENT to include a strip of lang..lB feet in width running parallel with easterly R-O-W of Bitter
Creek County Road No. 12-140, 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 testtng
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, wrres 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 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 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 rights by virtue of the Homestead Exemption Laws of
Wyoming.
WITNESS the Hand of the Grantor, this day of
,2005.
00174
Deloy R. Barrus
/
STATE OF /_Z~/a~ }
Ruth $. Barrus
The foregoing instrument was acknowledged before me by.
this ~ day of ,r~ ,20~___,_G
(Seal) ,,qa'~%:;--. NOTARY PUBLIC
,,,:'~;y~ VIRGINIA JENSEN
~i~ .... ~tgo~ 1~ ~ North 200 West
Provo UT 84601
My Commission Expires
June 15, 2006
STATE OF UTAH
My commission expires:
Witness my hand and official seal.
otary l~[blic ~/~-
RECEIVED 5/25/2005 at 11:08 AM
RECEIV NG # 908688
BOOK: 586 PAGE: 174
I JE'ANNE WAGNER
LINCOLN COUNTY CLERK, KEMME ;~ER, WY