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Home My WebLink About91062100431 EASEMENT AGREEMENT STONEBROOK REAL ESTATE, INC., a Utah Corporation, for and in consideration of Ten ($10.00) and other valuable considerations in hand paid, receipt of which is acknowledged, grant and convey to JIM A. WELCH and SUZETTE JO WELCH, Husband and Wife, of 4876 South Viewmont Drive, Holiday, UT 84117, GRANTEES, the following described perpetual right-of-way easement for the following purposes and under the following conditions: PURPOSE OF EASEMENT: This easement is for the purpose of providing a perpetual right-of-way easement for underground utilities and ingress and egress from the Grantor's property as recorded in Lincoln county Public Records at Book 446 PR, at Page 684, and to the Welch property in the S1/2S1/2NE1/4SW1/4 Section 11, T33N, R118W of the 6th P.M., subject to easements of sight and record, including the right of Grantees to construct and maintain a roadway to provide that ingress and egress and utilities as desired. CONDITION OF EASEMENT: The condition of this easement is that it is a common easement for the mutual benefit of the Grantees and Grantors successors and aSsigns. DESCRIPTION OF EASEMENT: The easement is described as follows: Exhibit "A" Description for Jim A. Welch and Suzette Jo Welch Welch Access Easement AND ALSO: The Easement described in the Modification of Exclusive Right-of-Way Easement, Dated September 9, 2002, and recorded on October 21, 2002, in Book 502 PR, Page 382, in the Office of the Lincoln County Clerk, Lincoln County, State of Wyoming, and hereby being incorporated by reference as if fully set forth herein. EASEMENT NOT TO BE OBSTRUCTED: The Parties, their heirs, successors or assigns shall not use the easement or obstruct the herein described easement in any way that will impair the rights of the other Parties, their heirs and assigns in the use of this easement. USE OF EASEMENT: All Parties shall have unlimited use of the herein described easement for any use that they feel is appropriate, providing however, that such use shall not interfere with any other Party's use of the easement. EASEMENT TO RUN WITHLAND: This grant of easement shall run with the land and shall be binding on and shall inure to the benefit of the Parties to this agreement, their respective heirs, successors or assigns. INDEMNITY: Each of the Parties agrees to indemnify and hold the other harmless from and against any and all liability for personal injury or EASEMENT AGREEMENT Stonebrook Real Estate, Inc./Welch Page 1 of 2 RECEIVED 8/5/2005 at 11:20 AM RECEIVING # 910621 BOOK: 593 PAGE: 431 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0910621 .... 004-8 property damage when such injury or damage shall result from, arise out of or be attributable to any use, maintenance or repair undertaken by either Party. GOVERNING LA IF: It is agreed that this agreement shall be governed by, construed and enforced in accordance with the laws of the State of Wyoming. 0 ENTIREAGREEMENT: This agreement shall constitute the entire agreement between the Parties and any prior understanding or representation of any kind preceding the date of this agreement and shall not be binding upon either Party except to the extent incorporated in this agreement. 10. MODIFICATION OFA GREEMENT: Any modification of this agreement or additional obligation assumed by either Party in connection with this agreement shall be binding only if evidenced in writing signed by each Party or an authorized representative of each Party. 11. NO WAIVER: The failure of either 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 in full force and affect, as if no such forbearance or waiver had occurred. 12. WAIVER OF HOMESTEAD RIGHT.g: The undersigned Parties, being Grantor(s), hereby waive and release all rights to the described easement under any by virtue of the homestead exemption laws of the State of Wyoming. ,,Zr,~ IN WITNESS WHEREOF, have hereunto set we our hands this day of July, 2005. STONEBROOK REAL ESTATE, INC. A Utah Corporation STATE OF L/{'4-'tg~'! ) ) CO T¥ OF ROBE~RT SPICER X An authorized age, of Stonebrook Estate, Inc., A Uth~ Corporation SS Real The foregoing Easement Agreement was SUBSCRIBED and SWORN to before me by Robert Spicer, acting asaja authorized agent of Stonebrook Real Estate, Inc., a Utah Corporation, on this'~Z4~ day of July, 2005. WITNESS my hand and official seal. EASEMENT AGREEMENT Stonebrook Real Estate, Inc.~Welch Page 2 of 2 NOTARY PUBLIC My Commission expires: 091 164 No. 372111 ing is, Idaho DESCRIPTION FOR JIM A. WELCH AND SUZETTE JO WELCH WELCH ACCESS EASEMENT To-wit: - - A strip of land thirty (30) feet in width, within the NW¼SW¼ of Section 11, T33N R118W, Lincoln County, Wyoming, with the south line described as follows: BEGINNING at a point on the east line of said NW¼SW¼ of said Section 11, N00°- 07'02"W, 6.55 feet from the southeast comer of said NW¼SW¼; ... thence S88°-58'-04"W, 384.08 feet, along a line parallel with the south line of said NW¼SW¼, to a point; thence S74°-59'-05"W, 84.29 feet, to a point on an existing east-west fence line; thence S89°-49'-55"W, 203.62 feet, along said fence line, in part, to the southwest pipe of that tract of record in the Office of the Clerk of Lincoln County in Book 446 of Photostatic ReCords on page 684; the BASE BEARiNG for this survey is the west line of the SW¼ of Section 11, T33N R118W, being N00°-05'-07"W; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "pipe" marked by a 1" black iron pipe with a yellow plastic cap inscribed "PE/LS 698"; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF TRACTS, EASEMENTS AND BOUNDARy ADJUSTMENT PAMELA K. MAGEE STONEBROOK REAL ESTATE, LLC. JIM A. WELCH AND SUZETTE JO WELCH REX ALLAN LITCHFIELD AND JILL TYLER LITCHFIELD SW¼ OF SECTION 11 T33b ~/1,~/W LiNCOLN COUNTY, WYOMING," dated 29 Sept "Modification in any way of the foregoing description terminates liability of the surveyor"