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HomeMy WebLinkAbout910427:_00659 EASEMENT Brian H. Pead and Corlie Ann K. Pead, Trustees of the Mosiah 4:14 Trust dated November 4, 1994, of Layton, Davis County, Utah, grantors, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grant and convey to Mack B. Balls and Deon N. Balls, Trustees of the Mack B. Balls Family Revocable Trust dated April 24, 1992, of 3315 Bitter Creek Road, Afton, VVY 83110, grantees, the following described perpetual right-of-way easement for the following purposes: 1. Purpose of Easement. This easement is for the purpose of providing a perpetual non-exclusive 30-foot wide right-of-way easement for ingress and egress and all underground utilities to the property described in paragraph 3 including the right to construct and maintain a roadway to provide that ingress and egress and for all underground utilities, and including the right to inspect the easement. 2. Conditions of this Easement. The conditions of this easement are: a. The easement may not be fenced by Grantees without the prior written consent of Grantors. b. Grantees, their heirs and assigns, hereby waive any and all claims that they may have at the present or in the future against the Grantors related to Grantees' use, operation or maintenance of the herein described easement. By accepting, using or allowing any third parties to use the herein described easement Grantees assume the risk of any and all damage including property or personal damage. Grantees shall indemnify and hold Grantors harmless for any damage, whether property or personal, to any third party whom Grantees allow to use the herein described easement. If any third party is injured 'or damaged in any way related to the use or maintenance of the herein described easement, Grantees shall indemnify and hold Grantors harmless therefrom. This indemnification and hold harmless includes the expenses of reasonable attorney fees, court costs, and RECEIVED 7/29/2005 at 4:42 PM RECEIVING # 910427 ] BOOK: 592 PAGE: 659 JEANNE ~ LINCOLN COUNTY CLERK, KE;;;:i ~::::~R, VVY 0O660 any damages assessed against Grantors because of the use or maintenance of the easement or any reasonably related matter to the easement. 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln CoUnty, Wyoming: SW1/4NE1/4, W1/2SE1/4, and Lots 2, 3, and 4 of Section 27; NW1/4NE1/4 and Lot 1 of Section 34, all in T31 N, R119W, 6th P.M., Lincoln County, Wyoming. 4. Description of Easement. The easement is described as follows: A strip of land 30 feet in width within GLO Lot 2 of Section 34, T31N, R119W, Lincoln CoUnty, Wyoming, more particularly described on the attached "LEGAL DESCRIPTION FOR 30 FT. BALLS ACCESS EASEMENT". 5. Binding Effect. The terms and conditions of this easement shall be binding upon and inure to the benefit of the heirs, successors in interest and assigns of the parties named in this instrument. 6. Waiver of Homestead Rights. The grantors hereby waive and release all rights to the described easement under and by virtue of the homestead exemption laws of the State of Wyoming to the extent that such rights may interfere with the purposes of this easement. IN WITNESS WHEREOF, we have hereunto set our hands as of the 11th day of July, 2005. ~' Brian H. Pead, Trustee ~'. '" ~/6rlie Ann K Pead, Tfrustee Mack B. Balls, Trustee Deon N. Balls, Trustee STATE OF VVYOMING :. SS. COUNTY OF LINCOLN On this day of _ , 2005, before me personally appeared Brian H. Pead and Corlie Ann K. Pead, to me personally known, who, being by me duly sworn and put upon his oath, did say that they are the trustees of the Mosiah 4:14 Trust dated November 4, 1994, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustees had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledged said instrument to be the free act and deed of said trust. Given under my hand and notarial seal the day and year first above written certificate. ~ ~ · HOTARY My commission expires: in this STATE OF VVYOMING COUNTY OF LINCOLN On this day of , 2005, before me personally appeared Mack B. Balls and Deon N. Balls to me personally known, who, being by me duly sworn and put upon his oath, did say that they are the trustees of the Mack B. Balls Family Revocable Trust dated April 24, 1992, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustees had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledged said instrument to be the free act and deed of said trust. Given under my hand and notarial seal the day and year first above written in this certificate. NOTARY PUBLIC 3 0066'~ My commission expires: JUL--20--28~S; g2 :SIC=, Pr'l .......... P.~I. '.-00660 k,E(J'AL DESCRIP'FION' FOR 30 FT. BALLS ACCESS EASEMENT A strip of land for private access and underground utilities, being 30 lc;ct in width and located within GLO Lot 2 (SE1/4NE1/4) o17 Section 34, Township 31 North, Range 119 West, Lincoln County, Wyoming, the boundaries thereof more specifically described as follows: BEGINNING at the Nortlzeast C'orner of (}LO Lot 2; ~md running THENCE SOO' i:l'00"E, along Section line, a dislance of' 94..38 feet: THENCE N60°53'55"W a distance of 34.41 feet; THENCE N00'14'00"W a distance of 77.77 feet to the north boumtary llne of said Lot 2; THENCE S89'45'34"E, along Lot line, a disumee of 30.00 l'eet ~o the Comer of beginning. ENCLOSING an area o1'0.059 acres, more or less. 00664 EASEMENT Brian H. Pead and Corlie Ann K. Pead, Trustees of the Mosiah 4:14 Trust dated November 4, 1994, of Layton, Davis County, Utah, grantors, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grant and convey to Mack B. Balls and Deon N. Balls, Trustees of the Mack B. Balls Family Revocable Trust dated April 24, 1992, of 3315 Bitter Creek Road, Afton, WY 83110, grantees, the following described perpetual right-of-way easement for the following purposes: 1. Purpose of Easement. This easement is for the purpose of providing a perpetual non-exclusive 30-foot wide right-of-way easement for ingress and egress and all underground utilities to the property described in paragraph 3 including the right to construct and maintain a roadway to provide that ingress and egress and for all underground utilities, and including the right to inspect the easement. 2. Conditions of this Easement. The conditions of this easement are: a. The easement may not be fenced by Grantees without the prior written consent of Grantors. b. Grantees, their heirs and assigns, hereby waive any and all claims that they may have at the present or in the future against the Grantors related to Grantees' use, operation or maintenance of the herein described easement. By accepting, using or allowing any third parties to use the herein described easement Grantees assume the risk of any and all damage including property or personal damage. Grantees shall indemnify and hold Grantors harmless for any damage, whether property or personal, to any third party whom Grantees allow to use the herein described easement. If any third party is injured or damaged in any way related to the use or maintenance of the herein described easement, Grantees shall indemnify and hold Grantors harmless therefrom. This indemnification and hold harmless includes the expenses of reasonable attorney fees, court costs, and any damages assessed against Grantors because of the use or maintenance of the easement or any reasonably related matter to the easement. 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: SWI/4NEI/4, W1/2SE1/4, and Lots 2, 3, and 4 of Section 27; NWI/4NEI/4 and Lot I of Section 34, all in T31N, R119W, 6th P.M., Lincoln County, Wyoming. 4. Description of Easement. The easement is described as follows: A strip of land 30 feet in width within GLO Lot 2 of Section 34, T31N, R119W, Lincoln County, Wyoming, more particularly described on the attached "LEGAL DESCRIPTION FOR 30 FT. BALLS ACCESS EASEMENT". 5. Binding Effect. The terms and conditions of this easement shall be binding upon and inure to the benefit of the heirs, successors in interest and assigns of the parties named in this instrument. 6. Waiver of Homestead Rights. The grantors hereby waive and release all rights to the described easement under and by virtue of the homestead exemption laws of the State of Wyoming to the extent that such rights may interfere with the purposes of this easement. IN WITNESS WHEREOF, we have hereunto set our hands as of the 11th day of July, 2005. Brian H. Pead, Trustee Corlie Ann K. Pead, Trustee Mack B. Balls, Trustee Deon N. Balls, Trustee 2 STATE OF WYOMING COUNTY OF LINCOLN SS. On this day of , 2005, before me personally appeared Brian H. Pead and Corlie Ann K. Pead, to me personally known, who, being by me duly sworn and put upon his oath, did say that they are the trustees of the Mosiah 4:14 Trust dated November 4, 1994, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustees had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledged said instrument to be the free act and deed of said trust. Given under my hand and notarial seal the day and year first above written in this certificate. My commission expires: NOTARY PUBLIC STATE OF WYOMING COUNTY OF LINCOLN SS. On this ,,~.~'-¢¢ day of ~ , 2005, before me personally appeared Mack B. Balls and Deon N. Balls to me personally known, who, being by me duly sworn and put upon his oath, did say that they are the trustees of the Mack B. Balls Family Revocable Trust dated April 24, 1992, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustees had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledged said instrument to be the free act and deed of said trust. Given under my hand and notarial seal the day and year first above written in this certificate. ~ Saundra J. h~erritt Notary Public My commission expires: NOTARY~PUBLIC ~