HomeMy WebLinkAbout916183
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EASEMENT
(WITH RELEASE OF PRIOR EASEMENTS)
Jerry Lee Roberts, Eldona Roberts Call, and Mitzi Lyn Roberts Pearson aka Mitzi Lynn
Roberts Pearson, by their attorney-in-fact, Patricia Roberts Wadsworth, and Patricia Roberts
Wadsworth, of c/o Patricia Roberts Wadsworth of 772 North 750 East #3, Logan, UT 84321,
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
(
Dorothy E. Kennington, Trustee of the Dorothy E. Kennington Living Trust dated February
23,2001, of 295 East 5th Avenue, PO Box 523, Afton, Lincoln County, Wyoming 83110, grantee,
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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 6-foot wide right-of-way easement for ingress and egress to repair and maintain a
building located on grantee's land and for the accumulation of snow that may slide off grantee's
building for time to time, and including the right to inspect the easement.
2. Conditions of this Easement. The conditions of this easement are:
c.
It is a common easement for the mutual benefit of Grantors and
Grantee and their respective lands.
Grantee may not fence the easement without Grantors' prior written
permission.
Grantee shall hold Grantors harmless from any liability, injury,
damage or claim by any person whomsoever using the easement
granted whether or not such use is with or without the permission,
consent or knowledge of the Grantee.
This easement shall replace and supersede that certain Grant of
Easement dated September 13, 1995, and recorded in the office of
the Lincoln County Clerk on September 18, 1995, in Book 373 PR,
Page 414, Recording No. 808370, which easement is hereby
declared to be terminated, null and void and of no further force or
effect.
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3. Property Benefited by Easement. This easement is for the benefit of the following
described real property of the grantee in Lincoln County, Wyoming:
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Beginning at the Southeast Corner of Lot 4 Block 22, in the Afton, Lincoln County, Wyoming,
Townsite and running thence West 5 rods, thence North 10 rods, thence East 5 rods, thence
South 10 rods to the point of beginning, together with appurtenances.
4. Description of Easement. The easement is described as follows:
The East 6 feet of the North 56 feet of the following described tract of land:
Commencing at a point which is 5 rods West from the Southeast comer of lot 4 in Block 22 in the
Afton, Wyoming Townsite Survey, as same is platted and of record in the Records of Lincoln
County, State of Wyoming, and running thence North 10 rods, thence West 5 rods, thence South
10 rods, thence East 5 rods to the point of beginning.
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 16th day of February,
2006.
Jerry lee Roberts, £Idona Roberts Call, and
Mitzi lyn Roberts Pearson aka Mitzi Lynn Roberts
Pearson,
By their attorney-in-fact
Patricia Roberts Wadsworth
Patricia Roberts Wadsworth, Individually
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091.6183
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Doroth E. Kennington, ustee
STATE OF
ss.
COUNTY OF
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The foregoing Easement was acknowledged before me by Patricia Roberts Wadsworth,
individually, and as attorney-in-fact for Jerry Lee Roberts, Eldona Roberts Call, and Mitzi Lyn
Roberts Pearson aka Mitzi Lynn Roberts Pearson, this day of , 2006.
Witness my hand and official seal.
NOTARY PUBLIC
My commission expires:
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
On this ,..);} Ifi day of February, 2006, before me personally appeared Dorothy E.
Kennington to me personally known, who, being by me duly sworn and put upon her oath, did say
that she is the trustee of the Dorothy E. Kennington Living Trust dated June 11, 1991, described in
and which executed the foregoing instrument; that said instrument was signed and sealed on
behalf of said trust; that said trustees had the authority under the terms of the written trust
instrument to execute the instrument on behalf of the trust; and said trustees acknowledged said
instrument to be the free act and deed of said trust.
Given under my hand and notarial seal the day and year first above written in this certificate.
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