The URL can be used to link to this page

Home My WebLink About911740UTILITIES EASEMENT Lincoln County School District No. 2, a Wyoming Unified School District and body corporate, of P.O. Box 219, Afton, WY 83110, of Alton, Lincoln County, Wyoming, grantor, 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 Rockbridge Meadows LLC, a Wyoming limited liability company, of PO Box 11, Afton, WY 83110, grantee, the following described non-exclusive 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 20-fbot wide right-of-way easement for all underground utilities to the property described in paragraph 3 including the right to construct, install, and maintain all underground utilities, and including the right to inspect the easement. 2. Conditions of this Easement. The conditions of this easement are: a. By accepting, constructing or installing underground utilities in, using, or providing for or allowing any third parties to use the herein described easement, Grantee assumes the risk of any and all damage including property or personal damage and agrees to indemnify and hold Grantors harmless from any damage, whether property or personal arisirig from any such activities conducted by Grantee on or in the easement. If any third party is injured or damaged in any way related to the use or maintenance of the herein described easement, Grantee agrees to 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. consent. Grantee may not fence the easement without Grantors' prior written c. Grantee shall restore the property to the same general condition existing prior to construction or any maintenance within the easement. RECEIVED 9/12/2005 at 1:48 PM RECEIVING # 911740 BOOK: 597 PAGE: 268 JEANNE WAGNER LINCOLN COUNTY CLERK : ;?.i?! .~ i':;~RER, WY .... 00269 d. Grantee consents to and agrees that Grantor may connect to any utilities installed within the easement at Grantee's expense without being required to pay to Grantee any pro rata share of any extension costs related to installation of the utilities. However, in doing so, Grantor would still be required to pay to the specific utility provider any connection fee charged by that utility. 3. Property Benefited by Easement. This eaSement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: Tract 1' That tract of record in that certain warranty deed recorded in the office of the Lincoln Clerk in Book 476 PR, page 550, more particularly described as: Loi 1 of the Rockbridge Meadows Subdivision, Lincoln County, Wyoming, according to that plat filed October 24, 2001, in the office of the Lincoln County Clerk as Plat No. 360~B. Tract 2: That tract of record in that certain warranty deed recorded in the office of the Lincoln Clerk in Book 513 PR, page 715, more particularly described on Exhibit "A" attached and incorporated herein by this reference, and also All of the SW1/4SE1/4 of Section 19, T32N, R118W, Lincoln County, Wyoming; AND that part of the NW1/4SE1/4 of said Section 19, more particularly described on Exhibit "B" attached and incorporated herein by this reference. 4. Description of Easement. The easement is described as follows: The south twenty (20) feet of the north eighty (80) feet of that tract of record in the Office of the Clerk of Lincoln County, Wyoming in Book 561 of Photostatic Records on page 395 .within the NW¼ of Section 30, T32N R118W, Lincoln County, Wyoming; all in accordance that plat titled, "LINCOLN COUNTY SCHOOL DISTRICT NO. 2 JAMES ALLEN HALE AND PATRIClA A. HALE SHARON LEA HALE PLAT OF TRACTS AND EASEMENTS WITHIN THE NW¼ SECTION 30 T32N R118W IN THE INCORPORATED LIMITS OF THE TOWN OF AFTON LINCOLN COUNTY, WYOMING", dated 30 December 2003, as revised, of record in the Office of the Clerk of Lincoln County, Wyoming as Plat No. 168-C. 18 August 2005 - Revised 18 July 2005 :':00270 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 7-/.3 day of August, 2005. ~ .. ~. ...~ .,,, .. ",, % ~'~ · ) (corporate seal) Lincoln County School District No. 2 ~-l~'eynold R. )/zf",,~son, Chairman Board of Tru'~tees Attest: Clerk Rockbridge Meadows LLC, a Wyoming Limited Liability Company By Paul A. Scherbel, President 3 STATE OF WYOMING COUNTY OF LINCOLN · SS. 0027 On this. ~' day of ~ ,2005, before me personally appeared Reynold R. Johnson, to me personally know~, Who, being by me duly sworn, did say that he is the Chairman of the Board of Trustees of Lincoln County School District No. 2, a Wyoming Unified School District and body corporate, described in and which executed the foregoing instrument; that the seal affixed to said instrument is the corporate seal of said. School District; and that said instrument was signed and sealed in behalf of said School District by authority of its Board of Trustees; and said Reynold R. Johnson acknowledged said instrument to be the free act and deed of said School District. Given under my hand and notarial seal the day and year first above written in this certificate. My commission expires: STATE OF WYOMING COUNTY OF LINCOLN · NOTARY'PUBLIC . nuur-~ - NOTARY PUBLIC ~ Countyof ~ Stateof ~ Lincoln ~ Wyoming The foregoing instrument was acknowledged before me by Paul A. Scherbel as President of Rockbridge Meadows LLC, this ,p~rd day of ~:;~..c~.F- ,2005· Witness my hand and official seal. PUBLIC My commission expires: :';00272 ?I? Sec~Aom ' 3 o :. ' N1/2~/4' and.~i~g -~mnc. Sou~ ~'ce .~o~: 109 ~cm 'w,mt 2 ~m Co~tY, ~oming., aocordl~g to that Pl~t recorded October. 24 20°1 ag PI'a~ No% 360'-B ' .. .Als'o:':'~cept~g ~erefrOm '~at .' P~c'el. 0f'. I~W. co ' ' ~EXATIoN ~o-vlt: -_ ?hat Part o~' ~hs Can o ' .... ~n uounty, Wv.~-- - ~ I~he bOUnds of ~QZ~i[G at ~h, not.west oar6.r of e~t~ SW~N~ found dm~crlbed tn ~e Corner Re:ord flied in said.off'ice; ~enu~ S00'-24 -42,'E, the base bearing for ~ls ,~vmy, 455,36 feet, alon~ ~e west line of said point of said Annexation; SW%NE%) to the southwest thence sSS~-iS~-3~.E, ~0.04 feet, along the ~south line of said Annexation to a p61nt; ~hence N00'-24 '-42'~w, 457.17 feat, to ~ point on ~a north line of ~ald SW%N~% and Said ~nexation;. ~ence N89._59,1~O.W, 60.00 r~et ~long said :north lane [0 ~i e~ch "point,, marke~ by ,, : PINEy ~ the BASE B~RINO for tht~ survey ts 'the wes~ line of the emotion 30, T32N, RIlaw, belng NOomC24,_42.W; all in accordance With the ' ~ .... maim, dated ~..- ~Y IN~ THE TOWN OF AP~ ~ December 1~ -' DESCRIPTION FOR ROCKBRIDGE, LLC ROCKBRIDGE, LLC QUITCLAIM TRACT :0027 To-wit: - - All of the SW¼SE¼ of Section 19, T32N R118W, Lincoln County, Wyoming; AND that part of the NW¼SE¼ of said Section 19, described as follows: BEGINNING at the southwest comer of said NW¼SE¼; thence N89°-45'-41"E, 1326.90 feet, along the south line of said NW¼SE¼, to the southeast comer thereof; thence N00°-28'-45"W, 27.25 feet, along the east line of said NW¼SE¼, to a point; thence S89°-31 '-33"W, '1326.86 feet, to a point on the west line of said NW¼SE¼; thence S00°-25'-01"E, 21.80 feet, along the west line of said NW¼SE¼, to the CORNER OF BEGINNING; the BASE BEARING for this survey is the west line of the NW¼NE¼ of Section 30, T32N R118W, being N00°-47'-08"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; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "FINAL PLAT ROCKBRIDGE MEADOWS FIRST ADDITION TO THE TOWN OF AFTON WITHIN THE SE¼ SECTION 19 NE¼ SECTION 30 T32N R118W LINCOLN COUNTY, WYOMING", dated 7 May 2005, as revised. 1 July 2005