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Home My WebLink About911996UTILITIES EASEMENT James Allen Hale and Patricia A, Haie, husband and wife, of Afton, Lincoln County, Wyoming, 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 Rockbridge Wyoming limited liability company, of PO Box 11, Afton, WY 83110, grantee, 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 80-foot 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 arising 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 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: RECEIVED 9/19/2005 at 3:07 PM RECEIVING # 911996 BOOK: 598 PAGE: 250 LINCOLN COUNTY CLERK, 00.0251 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: Lot I of the Rockbridge Meadows Scbdivision, 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: A strip of land eighty (80) feet in width, within the NW¼ of Section 30, T32N R118W, in the Incorporated Limits of the Town of Afton, Lincoln County, Wyoming, with the southerly line described as follows: BEGINNING at a point on the west line of that tract of record in the Office of the Clerk of Lincoln County in Book 561 of Photostatic Records on page 395, S00°-36'-12"E, 80.00 feet from the northwest point of said tract; thence S89°-26'-26"W, 767.65 feet, to the southeast point of Center Street as depicted on the below referenced Plat No. 168-B; the BASE BEARING for this survey is the north line of the NW¼ of Section 30, T32N R118W, being N89°-28'-00"W; the northerly right-of-way line of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of eighty (80) feet to meet the west line of said tract in Book 561 and the northerly extension of the east line of Center Street as depicted on Plat No. 168-B titled, "FINAL PLAT STAR "A" ADDITION TO THE TOWN OF AFTON WITHIN THE NW¼NW¼ SECTION 30 T32N R118W IN THE INCORPORATED LIMITS OF THE TOWN OF AFTON LINCOLN COUNTY, WYOMING", dated 15 September 2004; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; 2 ',,-'",OO252 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 that plat titled, "LINCOLN COUNTY SCHOOL DISTRICT NO. 2 JAMES ALLEN HALE AND PATRICIA A. HALE SHARON LEA HALE PLAT OF TRACTS AND EASEMENTS WITHIN THE NW¼ SECTIOR 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 July 2005 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. 2005. IN WITNESS WHEREOF, we have hereunto set our hands as of the 12th day of August, ~atricia A Hale Rockbridge Meadows LLC, a Wyoming. Limited Liability Company Paul A. Scherbel, President '00253 STATE OF VVYOMING COUNTY OF LINCOLN SS. The foregoing instrument was acknowledged before me by James Allen Hale and Patricia A. Hale, husband and wife, this day.of ,2005. Witness my hand and official seal. NOTARY PUBLIC My commission expires: STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Paul A Scherbel as President of Rockbridge Meadows LLC this 2_.~r~ day of f~'u_z~ ,2005 Witness my hand and official seal. My commission expires; ARY PUBLIC 000254 ~/ ?,/ ~xhibit '~.A" ;'I7 S~ctl'on and .r~ing ~oncm ~S0 Co~ty, ~oming.t according. =o that plat recorded October. =4, 2001 am Plat N~. 360'-~ ' -- Al~oj~caPtin~ ~arofr~m ~a~.'R~c~~ of. 1~. conv~y~d ~o..~ .To~ :';00255 ro~L~w~KNC~ O. ¥OUNo, EV~Ly~ ~. ¥OUN~ n~LD ~. ¥0~ T.RAcTAOCE~]tWAY ALoNo W~$T ~ Or CA~¥oN VI~.~! ~ARK A~XAT~oN To-wit: -_ __, ~ncozn County w...J._*~Jzn I ;~ boUnd~ of t Corner Record fil~ in ~aid.Off'ic.; ~e~ce S00'-24..42.Z, the base bearing point of said Annexation; of ~aid SW%NE%/ to the ~OUthwest th~nCSAnnexationS88,_lS,_36.E,t~ a point; 60.04 feat, along the south line of said thence N00,-14 '-42.W, 457, %7 fmmt, to 9 point on the north 1/ne of ~aid SW%N~% and said ~nexat~on; ~NCOMPASSING an area o~ 0.63 norms, more or PLS 5356/; ~-P znmcrib~d, "S~VEYOR SCH~BEL LTD ~ZG PINEY the BASE B~RING for this s,urymy ts the ws~ line of the SsG=lon 30, T32N, Rllaw, bel~g NO0._~4,_42.W; ~11 in aCOordance With the '~S IN ~'~-~'~L--~v~xN R, YOUNG, DEn~.. ~5-, . ~IBIT ~ ~a~-~'IUN 30 T32 ~u ~A. YOUNG p LINCO~ COUNTY ~ .... . N Rll~W P~TLu ....... LAT OF ---, --~mJ La~-~ -~ - . ~ ~"l Tn~ TOWN OF APm~ : ~ dar DESCRIPTION FOR ROCKBRIDGE, LLC ROCKBRIDGE, LLC QUITCLAIM TRACT To-wit: - - 1 July 2005 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 NW%SE%; thence S00°-25'-01"E, 21.80 feet, along the west line of said NW'ASE¼, 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 Rll8W LINCOLN COUNTY, WYOMING", dated 7 May 2005, as revised.