HomeMy WebLinkAbout914428
,.'. >;<':'~;!;i;~;¡ì :'.·:;:I'
':";:.:,:,:.;1:':';':':':':-: .
"'1<-.';:,"",
(, n r 4 ,~\. 0
'.' ,) '., . t..,
EASEMENT AGREEMENT
. ,..\
Agreement made, effective as of the ~ day of November, 2005, by and
between BARRMORE, LLC, a Wyoming Limited Liability Company, of P. O. Box 1780,
Afton, Wyoming 83110, BRAD MOREHOUSE and BARR McCUTCHEON, Managing
Members, GRANTORS; and GALE HADERLIE of Afton, Lincoln County, Wyoming, and
RON GALLOWAY of Afton, Lincoln County, Wyoming, GRANTEES.
RECITALS
The parties recite and declare:
A. The parties have an interest in adjoining rea] estate in Lincoln County, State of
Wyoming, and described, respectively, as follows:
(1) BARRMORE, LLC, a Wyoming Limited Liability Company, BRAD
MOREHOUSE and BARR McCUTCHEON, Managing members, Grantors:
(BURDENED PROPERTY)
Lot 21 of the Airport Addition to the Town of Afton-
within Section 36, T32N R119W, Lincoln County,
Wyoming.
(2) GALE HADERLIE and RON GALLOWAY, Grantees.
o"ì
L
(BENEFITIED PROPERTIES)
Lot 22 of the Airport Addition second filing of record in the
official records of Lincoln County, Wyoming, Plat 3l3-A.
AND
Lot 23 of the Airport Addition second filing of record in the official records of
Lincoln County, Wyoming, P]at 313-A.
B. The herein identified parties desire to create non-exclusive easements foi-
ingress, egress and underground utilities between the above-described adjoining
property, for the benefit of the properties described in paragraph A(2).
. ,"... ,., ..,......"! ' ,
" ,
RECEIVED 12/14/2005 at 10:51 AM
RECEIVING # 914428
BOOK: 607 PAGE: 420
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
,
,..------,.....;,
; , "!':':' ~.:.:.;, ~, :. ' ,
" -c. .-.'1 "'J "I .r;,~)
O.:J.c.L.'--i:c.L,,:NCj
nl-\C¡1t~1
i'I._ r.,J ,: I..}.: f."..t
DECLARATION OF EASEMENTS
The parties agree as follows:
The undersigned parties, their heirs, successors, and assigns, hereby grant and
convey perpetual non-exclusive easements for ingress, egress, and underground utilities
in favor of the herein properties described in paragraph A(2), hereby burdening the
property described in paragraph A(l), the perpetual non- exclusive easement being
more particularly described as follows:
The easements described in "Exhibit A"
attached hereto and made part of by reference and
incorporation as if fully set forth herein by reference and
incorporation.
CONSIDERATION
The mutual promises and agreement of the parties, shall serve as sufficient
consideration and payment under this agreement.
EASEMENTS NOT TO BE OBSTRUCTED
The parties, their heirs, successors, or assigns, shall not use the easements
or obstruct the herein described easements in any way that will impair the rights of the
other parties, their heirs and assigns in the use of this easements.
USE OF EASEMENT
All parties shall have reasonable unlimited use of the herein described easements
for any use that they feel is appropriate, providing however, that such use shall not
interfere with any other party's use of the easements and subject to the terms and
limitations of this document. EASEMENTS TO RUN WITH LAND
This grant of easements 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.
Bowers & Associates Law Offices, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
.',~;~,:.~.~\~.~.!,~.;;' ~.
, "~". ""8
"." ','. ,.;, ., /'"
tf::i .~~ '.I: J:L ~
(. !Ì r 4 n f)
'.' \) .' t.. I'..
INDEMNITY
Each of thepalties agree to indemnify and hold the other harmless from and
against any and all liability for personal injury or 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.
REPAIR AND MAINTENANCE OF EASEMENTS
The easement premises shall be used as a roadway for vehicular traffic and
underground utilities, the easements shall be properly maintained by the grantee, in
good condition for this purpose. When repairs and/or maintenance are neceSSalY
the grantee shall give reasonable notice to the grantor and may undeltake such
repairs or maintenance anywhere on the easement premises. Provided, that the
repairs and/or maintenance shall not interfere, encroach or damage the adjacent
land of the grantor. Capital improvements (such as asphalting) to the easement
premises may be undertaken upon approval of the grantor, however, the grantor
shall have no responsibility or obligation to pay for any maintenance, improvements
or capital improvements unless agreed on, in writing, by the grantor.
The grantee will exercise reasonable care in the use of the easement premises so
as not to cause more than normal wear and tear on the drive or other easement
improvements. Any damage to the easement premises caused the grantee shall
promptly be repaired by the grantee at his or her sole expense. If the grantee faDs to
repair any damage to the easement premises caused by him or her or his or her
guests or invitees within 30 days of receipt of written request from the grantor, the
grantor may make the repairs and the cost of doing so will be the sole responsibility
of the grantee. The grantee shall pay to the grantor his or her costs incurred for the
repairs within 30 days from the date of the repairs. The cost of repairs made by the
grantor, being the responsibility of the grantee, shall accrue interest in the amount of
21% per annum until paid in full. In addition the costs of the repairs, the grantee
shall be responsible for an reasonable attorney fees incurred by the grantor in
enforcing and/or collecting the costs of the repairs.
Bowers & Associates Law Offices, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
>:;~.:i:.: .\¡(:\·¡: .
, . : .;..:, ~.:. ;:;: ,~.:.;, ' . '
",.<
" "~or,, 8
"'J' ",,', r·, !.-''':;';''''/'
~_.J :~j -;.-~ ' -;.:. £",
',' " (\ (ì Al ;) 3
I; , L. ,I'
"'~ "\) \. ,-.I
NOTICES
Any notice provided for or concerning this agreement shall be in writing and
be deemed sufficiently given when sent by certified or registered mail if sent to the
respective address of each party as set forth at the beginning of this agreement.
GOVERNING LAW
It is agreed that this agreement shall be governed by, construed, and
.
enforced in accordance with the laws of the State of Wyoming.
ENTIRE AGREEMENT. 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 shall not be binding upon either party except to
the extent incorporated in this agreement.
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by
either party in connection with this agreement shall be binding only if evidenced in
wTiting signed by each party or an authorized representative of each party.
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.
WAIVER OF HOMESTEAD RIGHTS
The undersigned parties, being Grantors and Grantee, hereby waive and
release all rights to the described easement under and by virtue of the homestead
exemption laws of the state of Wyoming.
Bowers & Associates Law Offices, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
; ;.~ i :':~:I:¡: I: ¡! I; L ¡ .' r' ; ,:,: .;:
" i' i: ,:¡;.:.:.:,:.:. : ,~ '
, C .'.f~ >Jij.;~ 8
j '. ,-, "':'J 1',( (."1 -",~_."
Ü:::;Ib·---l.li.....,.,
(': I' n 4 ~' 4'
'..' ,j '.,>oJ
PARAGRAPH HEADINGS
The titles to the paragraphs of this agreement are solely for the convenience
of the parties and shall not be used to explain, modify, simplify, or aid in the
interpretation of the provisions of this agreement.
IN WITNESS WHEREOF, each party to this agreement has cGused it to
be executed on the date indicated below the pT'Ovisions of this agreement.
DATED this )~ ~ day of November, 2005.
GRANTORS:
BARRMORE, LLC,
A Wyoming Limited Liability Company
'·--··:::::.>/ì a I
-..-. (,L "/'ì.. "
C:i,',:.:d':r¿:,:/·l) lJ+::¡lg2.[t¿C--.._~_._--.
-
BRAD MOREHOUSE, Managing Member
~~¿
-
BARR McCUTCHEON, Managing Member
GRANTEES:
8? G ~/~~ 0 ~l~
GALE HAD RLIE
t2¿'-Q' 1·
I /. ~ ,"
/- -c ~v'/ ~"'L---0"~S
RONGALLOWAYc 'f
Bowers & Associates Law Offices, PC
Post Office Box 1550
Afton, Wyomžng 83110
307-885-2266
; ; ';. .' I ¡', --, -:;; I;,:. :. ¡: 'i·;:~' i~;: - '-.
'L i~'~LL&Z8
STATE OF WYOMING
COUNTY OF LINCOLN
)
)55.
)
, - ';':;'.',',','~ .:!.., ';
c n n ¿1 ...~ r;
.) '.... 1" .(. v
The foregoing instrument was acknowledged before me by BRAD MOREHOUSE
who appeared before me and was personally known to me, and by whom duly sworn and
upon oath represented that he was a Managing Member of BARRMORE, LLC, A
Wyoming Limited Liability Company, that the instrument was signed on behalf of
BARRMORE, LLC, A Wyoming Limited Liability Company, by the authority of the
board of directors or trustees thereof, who acknow]edged the instrument to be the free
act an~ deed ofBARRMORE, LLC, A Wyoming Limited Liability Company, this
')~ . day of November, 2005.
WITNESS my hand and official seal.
My Commission Expires:
IV \~I ot.o
STATE OF WYOMING
COUNTY OF UNCOLN
)
)55.
)
p~~~
NOTARY PUBLIC
PAMELA J.'CLEMENT . NOTARY PUBLIC
County of ti.;~~~rk'. Slate of
Lincoln '<::,t;àY' WyOlTlll1Q
"""\ 'V 1,-,6
My Can':niss!on Expires l' \ 0 'l7
~'.....-"'.......,..~....."""..............
The foregoing instrumen t was acknowledged before me by BARR
McCUTCHEON, who appeared before me and was personally known to me, and by
whom duly sworn and upon oath represented that he was a Managing Member of
BARRMORE, LLC, A Wyoming Limited Liability Company, that the instrument was
signed on behalf of BARRMORE, LLC, A Wyoming Limited Liability Company, by the
authority of the board of directors or trustees thereof, who acknowledged the
instrument to be the free act and deed ofBARRMORE, LLC, A Wyoming Limited
Liability Company, this _I)~ day of~5.
WITNESS my hand and official seal.
~C¥~
NOTARY PUBLIC
My Commission Expires:
H· \~-< D l,
Bowers & Associates Law Offices, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
O~·...~-
PAM. E. LA J. CLE~.:I.E.~.:.,~T.,; NOTARY PUBLIC .
County at (~'~í;Q't~ Slate of
Lincoln \ý.~!l1P Wyomi¡¡g
My Commission Expi;~~ îV t -g, 0l
......'--...." .....--~'"'-....~""\.~-\...~...-.......-~
'i; ;, ; ¡:.' ¡. ¡; ¡ !;.¡! ;:; l; i;. :, .: ¡~;. , L, ' ,
1:,,';',.;.;;;;;.;,.,;.,,-,. -,
, " -" .', ;'i (~..'''> 0.
\~ ~. "-. '11 .--- .,_' '--Ii ~.;J¡ a
"J'~...,;:"" "-
('. /.... r L~ ,. G
'_'.. r.). ~ r
STATE OF WYOMING
)
)SS.
COUNTY OF LINCOLN)
The foregoing instrument was acknowledged to before me by GALE
HADERLIE, Grantee this )-t œ. day of November, 2005.
WITNESS my hand and official seal.
\,\, L'6· 0(0
My Commission Expires:
~~4--"'~~
NOTARY PUBLIC ---~~o
PAMELA J. ClEM.J.N.....,....k...NOTAR. Y PUBLIC
County of 4.~~~ State of
Lincoln \:}:~~ Wyommg
My Commission E~~i~~~ -1~ \~. O~
~~~~
STATE OF WYOMING
)
)SS.
COUNIY OF LINCOLN)
The foregoifl9 instrument was acknowledged to before me by RON GALLOWAY,
Grantee this :>~ day of November, 2005.
WITNESS my hand and official seal.
v\/v6 '06
My Commission Expires:
NOT~~è º1r..~
CP.AMEW~éUS5T.j..nr<.¡.. ~ NOTARYP. UBkJ-.IC
Countj of ~;¡"\~!1~(;~ Slate of
ll-c "n I,"{";;¡¥ WvUrnll1Q
¡¡L.-.¡¡ '("Ifffl-' L. 06
My COlllmisslon Expire> \\. \ 'ß -,
~~.~V"V~~~"-~ 'f;
Bowers & Associates Law Offices, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
.' :::i~.~~~~¡~m¡j¡I;¡:
··n;õ·IT.-.TJ ,
"""8'"
.... ..'~ [~.~
~ \6~~ '. .;:., ~1.;.:. 1£
~j..J"""
r' 1"1 1\ .. ;. 1'7'
'~"i f, j ~.) 'I .¿
Exhibit A
Description of Easements
Beginning at the Northeast comer of Lot 23 of the Airport Addition to the Town of Afton-
within Section 36, T32N R119W, Lincoln County, Wyoming, 105 feet West to the centerline of
the 40 foot wide access for Lot 23, with said 40 foot access running in a straight line from the
point 105 feet West of the Northeast comer of Lot 23 to the paved road running East - West 011
Lot 21 of the Airp0l1 Addition to the Town of Afton - within Section 36, T32N R 119W, Lincoln
County, Wyoming, then a 30 foot access along said East - West road to Highway 89.
Beginning at the Northeast comer of Lot 22 o[the Ail1)oJ1 Addition to the Town of Afton-
within Section 36, T32N R119W, Lincoln County, Wyoming, 15 feet West to the centerline of
the 30 foot wide access for Lot 22, with said 30 foot access nmning in a straight line from the
point 15 feet West of the Northeast comer of Lot 22 to the paved road nlnningEast - West on
Lot 21 of the Airport Addition to the Town of Afton - within Section 36, T32N R119W, Lincoln
County, Wyoming, then a 30 foot access along said East - West road to Highway 89.
Underground utilities may be placed in any reasonable location of Lot 21 of the AirpOJ1 Addition
to the Town of Afton - within Section 36, T32N R119W, Lincoln County, \Vyoming.
EXHIBIT NO. -1\