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).
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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
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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
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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
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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
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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 -
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LINDA LA WRENcE
STATE OF WYOMING
COUNTY OF LINCOLN
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)SS.
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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
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0917136
Cû(691
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BRUCE M DA VIS
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BETT B. DA VIS
STATE OF WYOMING
COUNTY OF LINCOLN
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) SS.
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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.
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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
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"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.
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