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HomeMy WebLinkAbout916325 ;f;1:::if:~~::::::::~~ ::~*~;:::!W¿:::~ C00365 RIGHT-OF-WAY EASEMENT TillS AGREEMENT made effective as ofthe~ day of N D (. 2005, by and between the following Grantors: Alan Session and Toni Session, Husband and Wife, of Lincoln County, Wyoming, and the Marvin Sessions, Veda Sessions Family Trust, Dated November 16, 1986, Noel M. Sessions, Trustee, Grantors, and Werner Lee Albrecht and Peggy Jean Albrecht, Husband and Wife, Grantees, For value given and consideration of promises and agreeme~ts contained herein to be performed and kept. The Parties agree as follows: A. Said Right-of-Way being a part of the Sessions Village Subdivision as platted and recorded in Lincoln County Public Records for said County and Town of Afton, Said Easement commencing from Lincoln County Road 12-180 and the common comer of Lot 6 and 8 along that certain center line transversing Southward along Session Lane SI °29'40"E, approximately 397.84 feet to the North boundary of Lot 9 of said subdivision in a width of sixty (60) feet; thence Southeasterly in a width of sixty (60) feet along the West boundary of said Lot 9 to the real property adjoining said subdivision on the South, owned by Werner Lee Albrecht and Peggy Jean Albrecht, Husband and Wife, as recorded in Lincoln County Public Records in Book 458 at Page 479, March 19,2001. B. The Parties agree to create an easement for ingress and egress and underground utilities, the easement being as described as above for the benefit of the property described in Book 458 at Page 479, owned by Werner Lee Albrecht and Peggy Jean Albrecht, Husband and Wife. Parties further agree that the undersigned Parties, their heirs, successors and assigns hereby grant and convey a perpetual easement for ingress and egress and underground utilities in favor of the property described, hereby burdening the property as outlined for a perpetual easement as heretofore declared. l C. The Parties or heirs, successors and assigns shall not abuse this easement or obstruct the said described easement in any way that will impair the rights of the other Parties, their !teirs, successors or assigns in the use of this easement. D. All Parties shall have unlimited use of the herein described easement for any use that they feel is appropriate, providing that said use shall not ~terfere with any other Parties' use of the easement. The Parties agree that the Grantors shall have access to connect to the telephone, power or any other utilities that are available in the herein described easement without charge. E. The Grantees, in accepting the easement, agree to indemnify the Grantors for all costs incurred in building the new roadway easement and for any liability for personal injury or property damage when such injury or damage shall result from, arise out of or be attributed to the Grantees use, maintenance or repair untaken by the Grantees, their successors and assigns. RIGHT-OF-WAY EASEMENT Sessions/Albrecht Page 1 of3 RECEIVED 2/28/2006 at 11 :24 AM RECEIVING # 916325 BOOK; 613 PAGE: 365 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER, WY -- - --- --- --. ~---'-- ~ '. f'QQ/)66 \.0..... V 0916325 F. Any and all notices provided for in this agreement shall be in writing and sufficiently given when sent by certified or registered mail to the respective parties. G. This agreement shall be govemed,'construed and enforced in accordance with the laws of the State of Wyoming. H. This agreement shall constitute the entire agreement between the Parties. Any prior understanding or representation of any kind preceding the date of this agreement shall not be binding on any Party except to the extent incorporated into this agreement. I. Any modification of this agreement or additional obligation assumed by any Party in connection with the agreement shall be binding only if evidence in writing, signed by the Party or an authorized representative of the Party. This agreement shall be binding upon the Parties to the extent of all right-of-way easements of sight or of record, affecting this said easement. J. The failure of any 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 K. The Grantors hereby wajve 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, each Party of this agreement has caused it to be executed on the date indicated below and the provisions of this agreement. DATED this ~ 6 day of November, 2005. ~ç:- ALAN SESSIONS Individually . . .. ~ru' ~~~D-I1/Ù TONI SESSIONS Individually ~NS ~ Trustee of the Sessions Family Trust uJ¿ tfiiiii2 WERNER LEE B~~HT RIGHT-OF-WAY EASEMENT Sessions/Albrecht Page 2 of3 ;1:'~<il'~:I:I::":~ :;:~.,ï:~ ~~~I ~~mmm~~~~m~*i;¡ 091.6325 (l 0 :~ 6 7 STATE OF WYOMING ) ) SSe COUNTY OF LINCOLN ) The foregoing Right-of-Way Easement was acknowledged before me by Alan Sessions and Toni Sessions, Husband and Wife, on this ~ day of November, 2005. WITNESS my hand and official seal. NICKI ANGLESEY' NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires July 17. 2006 ~)ec vr-:rndP().} i' NOTARY PUBLIC My Commission Expires:-jtAly II ,"2.00tt> STATE OF WYOMING ) ) SSe COUNTY OF LINCOLN ) The foregoing Right-of-Way Easement was acknowledged before me by Noel M. Sessions as a Trustee of the Sessions Family Trust, on this S D day of November, 2005. WITNESS my hand and official seal. NICKI ANGLESEY' NOTARY PUBLIC County of State of Lincoln Wyoming My Commlssiol< ,'es July 17. 2006 ~fi , "f-\rìt":l~ J/) 1~") NOTARY PUBLIC rI u My Commission Expires: Quly J/, 'ZOOtp STATE OF WYOMING ) ) SSe COUNTY OF LINCOLN ) The foregoing Right-of-WayEasement was acknowledged before me by Werner Lee Albrecht and Peggy Jean Albrecht on this ~ day of November, 2005. WITNESS my hand and official seal. .... NICKI ANGLESEY' NOTARY PUBLIC County of State of Lincoln Wyoming ~Jr,(, vr::tn & ~{) ~7 NOTARY PUBLIC My Commission Expires: ~lÆl~ Il, 'Z()OI.p .- My Commission Expires July 17, 2006 RIGHT-OF-WAY EASEMENT Sessions/Albrecht Page 3 of3