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HomeMy WebLinkAbout917136 COC687 CORRECTIVE EASEMENT AGREEMENT Wyoming, Grantees. Agreement made, effective as of March J.1r", 2006, by and between SCOTT and LINDA LAWRENCE, husband and wife, of Lincoln County, Wyoming, Grantors and BRUCE M. DAVIS and BETTY B. DAVIS, husband and wife, of Lincoln County, ----.----------.- ----~._- ---..-- -. ------- -. - RECEIVED 3/31/2006 at 10:34 AM RECEIVING # 917136 BOOK: 615 PAGE: 687 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY RECITALS The parties recite and declare: A. The parties have an interest in adjoining real estate in Lincoln County, State of Wyoming, and described, respectively, as follows: (1) SCOTT and LINDA LAWRENCE, husband and wife: Lot #32 of the Starview Estates Subdivision, Plat No. 568074, Lincoln County, State of Wyoming. (Burdened Property) (2) BRUCE M. DAVIS and BETTY B. DAVIS, husband and wife: Lot #33 of the Starview Estates Subdivision, Plat No. 568074, Lincoln County, State of Wyoming. (Benefitted Property) B. The herein identified parties desire to create a land use easement, for the benefit for the property described in paragraph A(2). ( c( DECLARATION OF EASEMENT The parties agree as follows: The undersigned parties, their heirs, successors, and assigns, hereby grant and convey a perpetual land use easement in favor of the property described in paragraph A(2) , hereby benefitting and burdening the property described in paragraph A(1), the perpetual easement being more particularly described as follows: Bowers Law Office, P.e., P.O. Box 1550 Afton, Wyoming 83110 307-885-2266 Page 1 of 5 · ro,';, 1:-' .?-I.,\;.,o ';",'. ',' .' ':'~~'~".' If.~.~ó~ !¡~!i!t~if.-"!t~'HMI~I~lff,"¡,r;oj:.k.~...cl'".!t"'tf~nte(:;.;,~._~::--:,;1<, ".-'f):;.>:'·., "...::f....~'t~'i.~... '.,', ',', ~.·.~'.·I~.~'~'~I~I~'~'~'~I~.:>;, . ....:.., - - ':";';~'ffl,1~~~1'~~~b:"G!¥"f;~~·;;J';~l·f"'··~ :~, ·':!:<_;"'::\~"''''~t.~..!tK~'Jf';.¡;;"i!:i',.;.,t;.~~.;'!~~·l;T}.,.'''~;:::7i:;Yt?l~'~¡I';" ':- .,':' That easement described in Exhibit A, attached hereto and made part of by reference and incorporation; 000688 0917136 CONSIDERATION The mutual promises and agreement of the parties, shall serve as sufficient consideration and payment under this agreement. RELEASE OF ALL PRIOR LAND USE EASEMENTS The parties hereby quitclaim their interests and vacate the prior land use easement recorded in Book 544PR, Page 412, with the Office of the Clerk of Lincoln County, Wyoming. EASEMENT NOT TO BE OBSTRUCTED The parties, their heirs, successors, or assigns, shall not use the easement or obstruct the herein described easement in any way that will impair the rights of the other parties, their heirs and assigns in the use of this easement. The parties agree that they will have reasonable, mutually beneficial access. USE OF EASEMENT All parties shall have use of the herein described easement for any use that they feel is appropriate and mutually beneficial, providing however, that such use shall not interfere with any other party's use of the easement. Additionally, the grantees described in paragraph A(2), their heirs, successors and assigns shall not construct any roads, buildings or edifices of any kind on the property subject to the easement. EASEMENT TO RUN WITH LAND This grant of easement 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 Law Office, P.C., P.O. Box 1550 Afton, Wyoming 83110 307-885-2266 Page 2 of 5 fxW:¡~f.~~~;!~*~~1 !:t;~it*l~~t:~g;¡g~J ~i:~:::~~:*~¡;¡1¡: ¡:~~~:::ffi~3f~\:: ~~. :·.:·;9;·"i'.i·¡·j~,·,···;':·i·;·;~ ". ·'-'_··'i·l·.i~L:~ ":, :"J·,;¡~!~r..: ,:".:i:< '. '......t;·:-::>.· - ','.',': ·:'~'.I:'·'·,¡~:::'f;:;·", '. ' -;¡;: ::.' ,':', ','; ¡;;;':"'i:'.ió.i-:jíl.;·;·(';"_ ,,' ..' . - '_' . ';~:'.¡;.~ItI.~~:nJifl:>;.i0~~jr.~;·',.;~~,:·, 'f"'>:' "J. "I';""'J¡~'~':'~I~:_""i" .:¡,:.,. "', :, ' ~.;.' :. _ ....·.~.·.~..~i~..;.!..: INDEMNITY COC689 0917136 Each of the parties agrees 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. 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 agreementshall 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 writing 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 Bowers Law Office, P. C., P.O. Box 1550 Aflon, Wyoming 8311 0 307-885-2266 Page 3 of 5 '.·.~j·¡~i' !t. ';\i'i J'.·. · "·'~·~Ó~c!Ci~i::.:~'!.¡:)lt~ìn:·:' ,f.'~:;~'::': ..{::' ;··-::"_~'::"··';:;:':;;:,1~i.;,~"~¡1':'.:· ... .'.\...J:. .',', ".'¡.,. j!Jf¡~;t;'¡I:¡'¡';!¡fi'¡,:i';~ f~. ... '. ~·.,;W;':;~,·h?'w.:-~\' ."!;~..: I :.~:"': lO;mlli:íj_:';_II,~"·.v~:-;:·:· \, .. -:;1:' "; (¡~j: :';1, ~ìtlllli~j:;; ,:jN :~.;.; ,;;:.- ::,-, :;!' :;';: .:: :',' ...~¡,~~!"...:. 091..7:1.36 CüG699 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, hereby waive and release all rights to the described easement under and by virtue of the homestead exemption laws of the state of Wyoming. 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 caused it to be executed on the date indicated below the provisions of this agreement. DATED this ~1rl1 day of March, 2006. 5C--=þ~_ SC01T LA WRENC - n ____ ~d~~ LINDA LA WRENcE STATE OF WYOMING COUNTY OF LINCOLN ) )SS. ) The foregoing instrument was acknowledged before me by SCOTT LA WRENCE and LINDA LA WRENcE, husband and wife, this 1.'\~ day of March, 2006. WITNESS my hand and official seal. My commission expires: \ \. \~. alP N~~U~~ PAMELAJ. ClEMENT· NOTARY PUBUC County III ~ State aI Uncolft ~ WyomtnQ My Commission expires \ \. \~ . 0 lð Bowers Law Office. P. c.. P.O. Box 1550 Aflon. Wyoming 83110 307-885-2266 ,.. Page 4 of 5 ~~?mm~ '. ; ',:' ·~;:;~.~~.I""~~¿~I:i:(\);';~;I:t:v~"t:.:2W!.'W~~~~¿~~Z'f'S~:~~!:. '¿:-~A~~,:~ll.iiði",'1'.t'>:-'$è;.;' . ~.:.,'-,-.'.,- ""':-·~'~I~.!t!.~=f..):;-1!~·~'~., - ,": .. "·;:·:-'~/·:·~~\~~?'::::1N!.!.~;~;1!i:t·:,·.'~~/'¡¡:· .-~ :_;.y't·~;i;!;!~';!i'P;Î';::':·~:·;'; ,<, ...... ':~:';';'¡"':-:'¡l.:-:'¡ 0917136 Cû(691 ~ /hI ~ BRUCE M DA VIS ~" ~-fJ. f)EhT.!cJ BETT B. DA VIS STATE OF WYOMING COUNTY OF LINCOLN ) ) SS. ) The foregoing instrument was acknowledged before me by BR UCE M DA VIS and BETTY B. DA VIS, husband and wife, this 'J'\ -b day of March, 2006. WITNESS my hand and official seal. ?~~(~ NOTARY PU Ie My commission expires: \ \. ~'1>' b {o PAMElA J. CLEM . NOTARY PUBUC County of Stale rl Un~~n Wyom/nø ~/.y CommissIon Expires II· I ~ . D to Bowers Law Office. P. c.. P.O. Box 1550 Aflon. Wyoming 83110 307-885-2266, Page 5 of 5 '''''i'',..'~~..I'W,''i,:.')' ..·,·",·..·'·I·"\·~~:.:.:...o'·~\2J1'S1JQ~I;~~...:·'T'.!:·~'.,.~~.···~.",·,".....~.,-~~='1.>!.;"..,¡'.. . '-'. ,...."";,.:.,,1"...~ "',!. ··~t·.:·~·l"~·j~...·..~·.t,·;···,.· ., ...~;. ....: :.~...~~·~SltØT..;t,·;.·I$lt ;:fI_.t;lr..... ,,~. ¡\/\~"""I"'n~.·<', '.:"',.-:: :~·....if.:I¡.¡.J'-'~.....;'..:.lI'!'~;:,.;,;.;.:.. .~."",.,.:. ..'¡.._'.r{.:,..,.. " "EXHIBIT A" (' ,: :.. 00692 Description: Land Use Easement 0917136 A portion ofthe Lawrence property as referred to in the Deed,recorded in Book 545PR, on Page 225, with the Office ofthe Clerk of Lincoln County, Wyoming, being Lot 32 of Star View Estates, located within theSWl/4NE1/4 of Section 21, T32N, Rl19W, ofthe 6th P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at the Northeast comer of said Lot 32; thence Soo14'OO"W, along the East line of-said Lot 32,318.92 feet to the Southeast comer of said éot 32; t thence N56°35'53"W, along the South line of said Lot 32, 75.67 feet; thence N13°05'25"E 284.66 feet, to the Point of Beginning, .. containing 1O,100± Sq. Ft. ofland. m¡~~~!~~!;~~Ij