Loading...
HomeMy WebLinkAbout911370RIGHT-OF-WAY EASEMENT THIS AGREEMENT made effective as of the ~rt~ day °fAugust, 2005, by and between the following Grantors: George K. Merritt and Winifred P. Merritt, Husband and Wife; Harold L. Men'itt and Nancy Merritt, Husband and Wife; Von K. Merritt and Saundra J. Merritt, Husband and Wife; Dale A. Fluckiger and Lards Fluckiger, Husband and Wife; and Kerry L. Chadwick and Susan Lynn Chadwick, Husband and Wife; Grantors, and George K. Merritt and Winifred P. Merritt, Husband and Wife; Harold Lynn Merritt and Nancy Merritt, Husband and Wife; Von K. Merritt and Saundra J. Merritt, Husband and Wife; Kerry L. Chadwick and Susan Lynn Chadwick, Husband and Wife; and Dale A. Fluckiger and Lanis Fluckiger, Husband and Wife; for limited rights and privileges as hereafter outlined, Grantees. For value given and consideration of promises and agreements contained herein to be performed and kept. The Parties agree as follows: A. The Merritts are owners of three pieces of property as described and filed in Book 183 P.R., Page 313; Book 183 P.R., Page 474; and Book 183 P.R., Page 475; and Book 183 P. R., Page 476; the Chadwicks are owners of the property; and property owned by the Fluckigers, all in the Office of the Lincoln County Clerk, 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 the easement. B. Property to be benefited and served by the said easement, being the property owned by George K. Merritt and Winifred P. Merritt, ~ recorded in the Lincoln County Public Records in Book 183 P.R., Page 475; the Harold Merritt and Nancy Merritt properties, as recorded in the Lincoln County Public Records in Book 183 P.R. at Page 474; and the Von K. Merritt and Saundra Merritt properties, as recorded in the Lincoln County Public Records in Book 183 P.R. at Page 474; all being within the SWl/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 and to Dale A. Fluckiger and Lanis Fluckiger, with restrictions as hereafter limited in Paragraph C. C. The Parties agree to create an easement for ingress and egress and underground utilities, the above-described easement being as described in Exhibit "A" attached and made a part hereof, 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. However, the Parties agree that the Dale A. Fluckiger and Lanis Fluekiger property adjoins the said easement and shall only be accessed through a gated and locked entrance and restricted to the Merdtt's three pieces of property as described and filed in RIGHT-OF-WA Y EASEMENT Merritts/ChadwiclorFluCMger Page 1 of 4 RECEIVED 8/30/2005 at 11:18 AM RECEIVING # 911370 BOOK: 596 PAGE: 80 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY C00081 Book 183 P.R., Page 313. In the event of such violation, the Fluckigers or their successors or assigns shall void all rights of this said easement. 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. E. 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 hvailable in the herein described easement without charge. F. 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. G. 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. H. This agreement shall be governed, construed and enforced in accordance with the laws of the State of Wyoming. I. 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. J. 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. K. 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 L. The Grantors hereby waive and release all fights 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. DATED this d'a~ &;[ __ day of ~ ,2005. RIGHT-OF- WA Y EASEMENT Merrltts/C h a dw lc k/Flu c l{ lg er Page 2 of 4 C00082 (, H~ROI]D L. 1Vi'E~ - "" VON K. MERRITT SAUNDRA J. MERRITT DALE A. FLUCKIGER LANIS FLUCKIGER KERRY L. CHADWICK SUSAN LYNN CHADWICK STATE OF ) COUNTY OF ) The foregoing Right-of-Way Easement was acknowledged before me by George K. Merritt and Winifred P. Merritt, Husband and Wife on this __ day of August, 2005. WITNESS my hand and official seal. NOTARY PUBLIC My Commission Expires: STATE OF ~ ) / ,,. ) SS. COUNTY OF~~~_~ The foregoing Right-of-Way Easement was acknowledged before me by Harold L. Merritt and Nancy Merritt, Husband and Wife, on this q,~z, day of August, 2005. WITNESS my hand and official seal. C_.../~6T~y. PUi~LiC ~....~ r /_~ My Commission Expir6s: RIGHT-OF-WA Y EASEMENT Merritts/Chadwiclo'Fluckiger Page 3 of 4 g~~ NOTARY PUBLIC LYNETTE CHAMBERLAIN I Hu;ricane, Utah 84737 ~ .... ~ My Commission Expires ~;~ May 1, 2007 STATE OF UTAH O~q?O 008 3 HAROLD L. MERRITT NANCY MERRITT VON K. MERRITT 'SAUNDRA J. iMEI~IT'~-'~ ,~ ' DALE A. FLUCKIGER ~ LANIS FLUCKIGER ~ - -- cuar w c c AN LYNN CHADWICK STATE OF ff./~-'~/ ) ) SSo COUNTY O~' 7~vT.r ) The foregoing Right-of-Way Easement was acknowledged before me by George K. Men-itt and Winifred P. Merritt, Husband and Wife on this ~ day of August, 2005. I~ ~d official seal. My Commission Expires/.· STATE OF ) ) S$o COUNTY OF ) The foregoing Right-of-Way Easement was acknowledged before me by Harold L. Merritt and Nancy Merritt, Husband and Wife, on this day of August, 2005. WITNESS my hand and official seal. NOTARY PUBLIC My Commission Expires: ' RIGHT-OF-WAY EASEMENT Merritts/Chadwick/Fluckiger Page 3 of 4 STATE OF WYOMING ) COUNTY OF LINCOLN ) The foregoing Right-of-Way Easement was acknowledged before me by Von K. Merritt and Saundra J. Merritt, Husband and Wife on this ,5~3/x day of August, 2005. WITNESS my hand and official seal. NOTARY PUBLIC My Commission Expires: STATE OF WYOMING ) COUNTY OF LINCOLN ) The foregoing Right-of-Way Easement was acknowledged before me by Dale A. Fluckiger and Lanis Fluckiger, Husband and Wife on this dY}FA day of August, 2005. WITNESS my hand and official seal. NOTARY PUBLIC My Commission Expires: STATE OF WYOMING ) COUNTY OF LINCOLN ) The foregoing Right-of-Way Easement was acknowledged before me by Kerry L. Chadwick and Susan Lynn Chadwick, Husband and Wife on this ~ day of August, 2005. WITNESS my hand and official seal. NOTARY PUBLIC My Commission Expires: RIGHT-OF-WAY E~ISEMENT Merritts/Chadwick/FlucMger Page 4 of 4 DESCRIPTION - MERRITT EASEMENT A portion of the W1/2 of Section 29, T33N, R118W, of the 6th P.M., Lincoln County, Wyoming, being 30 feet on either side of the following described center line: BEGINNING at the beginning of a 100.00 feet radius curve to the fight, being a point in the Easterly boundary of the Gardner property, as referred to in the Deed recorded in Book 378 P.R. Page 770 with said office, said Point of Beginning being 45.91 feet N45°58'27"E fi.om the Ross M. Turner PE/LS 3514, 1981 location for the NW comer of the SW1/4 of said Section 29; thence Southeasterly along said curve to the fight through a central angle of 23°53'47" an arc length of 41.71 feet and a chord of S77°50'51"E 41.41 feet to the beginning of a 100.00 feet radius curve to the left, fi.om which the radius point bears N24°06'03''E; thence Southeasterly along said curve to the left through a central angle of 23°53'47'', an arc length of 41.71 feet and a chord of S77°50'51"E 41.41 feet; thence S89°47'44"E 1,304.75 feet. EXHIBIT "A"