HomeMy WebLinkAbout916178
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GRANT OF EASEMENT
JAMES E. MOSER and AMY L. MOSER, Husband and Wife, Grantors, of
County of Lincoln, State of Wyoming, for and in consideration of TEN DOLLARS ($10.00) and
other valuable consideration, in hand paid, receipt of which is hereby acknowledged, CONVEY
AND WARRANT to THE TOWN OF AFfON, a Wyoming Municipal Corporation, Grantee, its
successors or assigns, a perpetual, nonexclusive 12-foot wide easement for the benefit of the
Grantee, on the following described real estate situate in County of Lincoln and State of
Wyoming, for the following purposes and under the following conditions:
1. Purpose of Easement. This easement shall be for ingress, egress and the
placement, installation and maintenance of a water line, over, under, and across the property of
the GRANTOR, said property being more fully described in BOOK 303 PR 16 in the Office of
the Lincoln County Recorder. This easement shall also allow for the ingress and egress over,
under, and across the property of the GRANTOR for the purpose of the inspection and
maintenance of the utilities placed within this easement.
2. Description of Easement and Servient Estate. The easement shall occupy
the following described property:
A portion of Lot 1, Block 20, in the Town of Afton, Lincoln County, Wyoming, being more
particularly described as follows:
( COMMENCING at the northwest comer of Lot 1, Block 20, in the Town of Afton, Lincoln
County, Wyoming, thence east along the north line of said lot 70.5 feet to a point on the north
line of said lot being THE TRUE POINT OF BEGINNING;
THENCE east along north line of said Block a distance of 12 feet;
THENCE south, a distance of 165 feet;
THENCE west, a distance of 12 feet;
THENCE north, a distance of 165 feet to the TRUE POINT OF BEGINNING.
Containing 1,980 square feet or 0.045 acres, more or less.
2a. Description of Dominant Estate. The above described easement shall be
for the benefit of the GRANTEE'S property described below:
Said well and well house being located 96 feet east and 20 feet north of the Southwest
comer of Lot I, Block 20, Town of Afton, Lincoln County Wyoming.
3. Hold Harmless and Indemnification. With the exception of damage
caused by the gross negligence or criminal misconduct of the GRANTOR, the GRANTEE shall
indemnify and hold the GRANTOR harmless from any and all liability for any damage which
may occur to the utilities installed within the area of this easement.
Grantee shall hold Grantors harmless from any liability, injury, damage or claim by
any person whomsoever using the easement, whether or not such use is with or without the
permission, consent or knowledge of the Grantee; excepting, however, any such claim arising
from the use of the easement by the Grantors or by persons using the easement with the
express permission of the Grantors, including any such use pursuant to the grant of a
subsequent easement by the Grantors.
3a. Immediately subsequent to performance of any construction, installation
or maintenance in the easement, The GRANTEE shall restore the property to its
condition prior to any such activity in the easement.
...
3b. COVENANT NOT TO DISRUPT GRANTOR'S BUSINESS. The
GRANTEE shall use its best efforts to avoid any construction, inspection, or work which may
cause the disruption of the GRANTORS' business. The GRANTEE shall give the GRANTORS
fourteen (14) days written notice prior to the commencement of any maintenance activity within
the easement, except for emergencies when the GRANTEE will use its best efforts not to
interfere with the GRANTORS' business. The GRANTEE shall give GRANTORS at least 14
days written notice prior to commencement of any construction or installation activity within the
Easement RECEIVED 2/23/2006 at 12:07 PM
Page lof2 RECEIVING # 916178
BOOK: 612 PAGE: 834
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
-Q91.6178. 00835
easement and shall complete any such construction or installation activity including restoration
of the property required by 3a above within 48 hours of commencement.
4. Binding Effect. The terms and conditions of this easement shall be
binding upon and inure to the benefit of the heirs, successors and assigns of the parties named in
this instrument.
WITNESS our hands this
L L day of ","Q..bNð,2006.
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~MOSER
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AMY L. SER
THE STATE OF WYOMING
COUNTY OF LINCOLN
)
) SS.
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The foregoing instrument was acknowledged before me by JAMES E. MOSER and
AMY L. MOSER, this. ~ L day of Ttb\\ ~CJ;ft-' 2006.
Witness my hand and official seal.
My Commission Expires: r~\\~\í .'too\!)
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NOTARYPUBUC -.
NICKI ANGLESEY - NOTARY PUBLIC
County of State of
Lincoln . Wyoming
My Commission Expires July 17, 2006
Easement
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