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Home My WebLink About9104990O828 EXCLUSIVE RIGHT-OF-WAY EASEMENT THIS AGREEMENT made effective as of the c~day of J/~ and between the following Grantors: ,2005, by Lester Barber and Luvilla Barber, Husband and Wife, of Lincoln County, Wyoming; Gardner Ranch, Inc., a Wyoming Corporation, Lincoln County, Wyoming; and Adell H. Thurman Family Trust, Stanley Thurman and Janet Swenson, co-trustees; Grantors, and Lester Barber and Luvilla Barber, Husband and Wife; Adell H. Thurman Family Trust, Stanley Thunnan and Janet Swenson, co-trustees; Gardner Ranch, Inc., a Wyoming Corporation; George K. Merritt and Winifi:ed P. Merritt, Husband and Wife; Harold Lynn. Merritt and Nancy Merritt, Husband and Wife; Von K. Merritt and Saundra J. Merritt, Husband and Wife; and Kerry L. Chadwick and Susan Lynn Chadwick, Husband and Wife; Grantees, For value given and consideration of promises and agreements contained herein to be performed and kept. The Parties agree as follows: A. Barbers, Thurmans and Gardner are owners of certain property referred to in deeds recorded in Book 556 P.R. on Page 504, being Lot 1 of the Buffalo Mountain Amended Subdivision. The Thurman property as referred to in deed, recorded in Book 157 P.R. on Page 448, and a portion of the Gardner property referred to in the deed recorded in Book 378 P.R. on Page 770, all of which are recorded in the Office of the Clerk of Lincoln County Wyoming, within the NE1/4SE1/4 of Section 30 and the SW1/4NW1/4 of Section 29, all within T33N, R118W, 6th P.M., Lincoln County, Wyoming. The Parties are desirous to establish a non-accessible perpetual easement in the width of sixty (60) feet as hereafter described to be an exclusive easement. B. Property to be benefited and served by the said easement, being the property owned by the Adell H. Thurman Family Trust, Stanley Thurman and Janet Swenson, co- trustees. The Barber property referred to as Lot 1 of the Buffalo Mountain Amended Subdivision, Lot 2 of the Buffalo Mountain Amended Subdivision, property recorded in Book 556 P.R. on Page 504, the Gardner Ranch, Inc. property recorded in Book 378 P.R. Page 770 and subsequent pages of the official records of the Lincoln County Clerk, and George K. Merritt and Winifred P. Merritt properties, the Harold Merritt and Nancy Merritt properties and the Von K. Merritt and Saundra Merritt properties being the SW1/4NW1/4, Section 29, T33N, R118W, 6th P.M., Lincoln County, Wyoming, and the Kerry T. Chadwick and Susan Lynn Chadwick properties being the 100 acres of the Chadwick's properties formerly owned by Blair Allen and Carolyn Allen, Husband and Wife. C. The Parties agree to create an easement for ingress and egress and underground utilities, the above-described adjoining property for the benefit of the property described heretofore. Parties further agree that the undersigned Parties, their heirs, successors and assigns hereby grant and convey a perpetual easement for ingress and egress and underground utilities in favor of the property described, hereby burdening the property as outlined for perpetual easement as heretofore declared by Exhibit "A", attached and made a part hereof. EXCLUSIVE RIGHT-OF-WA Y EASEMENT Merritts/Chadwick/Gardner/Thurman/Barber Page 1 of 4 RECEIVED 8/2/2005 at 10:11 AM RECEIVING # 910499 BOOK: 592 PAGE: 828 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, ~ D. The Parties or heirs, successors and assigns shall not abuse this easement or obstruct the said described easement in any way that will impair the rights of the other Parties, their heirs, successors or assigns in the use of this easement. Said easement is not to be used for industrial, manufacturing or commercial enterprise. Home businesses are not considered commercial enterprise. D. All Parties shall have unlimited use of the herein described easement for any use that they feel is appropriate, providing that said use shall not interfere with any other Parties' use of the easement. The Parties agree that the Grantors shall have access to connect to the telephone~ power or any other utilities that are available in the herein described easement without charge. E. The Grantees', in accepting the easement, agree to indemnify the Grantors for all costs incurred in building the new roadway easement and for any liability for personal injury or property damage when such injury or damage shall result from, arise out of or be attributed to the Grantees use, maintenance or repair untaken by the Grantees, their successors and assigns. F. Any and all notices provided for in this agreement shall be in writing and sufficiently given when sent by certified or registered mail to the respective parties. G. This agreement shall be governed, construed and enforced in accordance with the laws of the State of Wyoming. H. This agreement shall constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this agreement shall not be binding on any Party except to the extent incorporated into this agreement. The Parties acknowledge that Thurmans are deeding to Barber five (5) acres of ground for consideration of the real property provided by Barber for this right-of-way agreement. I. Any modification of this agreement or additional obligation assumed by any Party in connection with the agreement shall be binding only if evidence in writing, signed by the Party or an authorized representative of the Party. This agreement shall be binding upon the Parties to the extent of all right-of-way easements of sight or of record, affecting this said easement. J. The failure of any Party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breech of any of the terms and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain K. 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, each Party of this agreement has caused it to be executed on the date indicated below and the provisions of this agreement. ,2005. LLTVILLA BARBER EXCLUSIVE RIGHT-OF- WA Y EASEMENT Merritts/Chadwick/Gardner/Thurman~arber Page 2 of 4 ,- 00830 Adell H. Thurman Family Trust J~T SWENSON, Trustee Adell H. Thurm~l~Pamily Trust STANLEY THURMAN, Trustee Gardner Ranch, Inc., A Wyoming Corporation BY: O. DAVID STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) On this ,~day of July, 2005, before me personally appeared O. David Gardner, to me personally known, who, being by me duly sworn, did say that he is the President of Gardner Ranch, Inc., a Wyoming Corporation, described in and which executed the foregoing instrument; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said O. David Gardner acknowledged said instrument to be the free act and deed of said corporation. NOTARY PUBLIC My Commission Expires: STATE OF WYO~NG ) COUNTY OF LINCOLN ) The foregoing Exclusive Right-of-Way Easement was ac ~kLp,~w~ledged before me by Lester Barber and Luvilla Barber, Husband and Wife on this<?OC~'t5 day of July, 2005. NOTARY PUBLIC My Commission Expires: ~ ~ ~'7' EXCLUSIVE RIGHT-OF-WAY EASEMENT Merritts/Chadwick/Gardner/Thurman/Barber Page 3 of 4 0083 STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The foregoing Exclusive Right-of-Way Easement was acknowledged before me by Janet Swenson, Trustee of the Adell H. Thurman Family Trust, on this c~-day of July, 2005. WITNESS my hand and official seal. OTARY PUBLIC My Commission Expires: STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) The foregoing Exclusive Right-of-Way Easement was acknowledged before me by Stanley Thurman, Trustee of the Adell H. Thurman Family Trust, on this ~P3~clay of July, 2005. WITNESS my hand and official seal. NOTARY PUBLIC My Commission Expires: EXCLUSIVE RIGHT-OF-WA Y EASEMENT Merritts/Chadwick/Gardner/ThurmanfBarber Page 4 of 4 ,. U0832 Description: Buffalo Mountain Privane Road A portion the Barber property, as referred to in the Deed recorded in Book 556PR, on Page 504, being Lot 1 of the Buffalo Mountain Amended Subdivision, the Thurman proper~y, as referred to in the Deed recorded in Book 157PE, on Page 448, and a portion of the Gardner ~roperty, as referred to in the Deed recorded in Book 378PR, on Page 770, all with the Office of the Clerk of Lincoln Counsy, Wyoming within the NEi/4TM '~ , s~/~ of Section 30, and ~he SW!/4~W1/4 of Section 29, all within T33N, Ri18W, of the 6tn P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGI~]ING at the Ross M. Turner PE/LS 3514, 1981 location for the Northwest Corner of the SW1/~ of said Section 2S; thence Nsgo!0,14,,W, along the North line of said NE1/4SEi'/a "~ 2.00 feet; thence N0Ol6,i2,,E, parallel with the West line of said SWi/4 ' 1.98 feet~ ' thence S89o50,19,,E, parallel with the North line of said SWI/4, 34.92 feet to the Sou~.hwest corner of the MerrJtt propergy, as referred to in the Deed recorded in Book 183PR, on :-aQ~ 476 with said Office; - thence N0o09,41,,E, aion~ the West line of said Merritt prooer-ty, 60.00 ~eet; - thence Nsg050,19,,W, parallel with said North line, 94.80 feet; thence S0o16,12,W, parallel with said Wes~ line of said SW!/4 1,042.15 feet; ' thence S67o36,02,,W, parallel wish the South line of said Lot 1, 445.72 feet to a Point in the East line of U.S. Highway thence S41:02,10,,E, along said East line, 62.32 feet; thence N67o36,02,E, parallel with said South line, 465.~5 feet; thence NOol6,12,,E~ parallel with said West line, 1,020.25 feet; thence S89o10,!4,E, parallel with said North line of said SWi/4, 2.00 feet, to the Point of Beginning. 00833 26 262 258 257