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HomeMy WebLinkAbout918635 ~r¡'¡ii¡1~Imm~~~~~~ m!~~m~~~;ili: ~~;§r~~~!~ffll~ ... '_'-"'j·'~t!~"''1LClr,I;;·-:.u:¡''!I..·· :~It"~_.·ø;r.''I.i:_':~·,",~1.;:c;::_õ.·: '. >1._ .:,.,... -, '.''''J_~..::Ii:o!''~''''.''. ··,···.·..;·.·.....·.·.·.·.·..·1·· .' "'.' :..,Iit:J_""ii:'~.tj.I-,wt"~ ~~·r~·.~J.'".t.·,¡:.;;:~;1';>!';,;S;,··;..·!._",· . ,'" ··.~:;,·¡··!J·i!U!t~J·ï'.~':>,'~..-'F.r· . ....:. ,.\'>...I....'~:. ~;~ih~.~õ:',;,.,' , 60162 (01) , (~ IÎ '" ....~6 2 ..!\) l: .. cV\1 EASEMENT (WITH RELEASE OF PRIOR EASEMENTS) j' Northstar Corporation, a Wyoming dprporation with principal place of business located at 111659 Highway 89, Alpine, Lincoln County, Wyoming (mailing address: PO Box 3048, Alpine, WY 83128), ("Grantor"), 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 Thomas Coletti, a single man, of 62 Ruth Road Alpine, Wyoming (mailing address: P.O. Box 3589 Alpine, Wyoming 83128), ("Grantee"), 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 3D-foot wide right-of-way easement for ingress and egress to Coletti and his successors-in-interest in the Coletti property described in Paragraph 3 including the right to install, construct, reconstruct, repair, replace and maintain a roadway, and including the right to inspect the easement. In addition, the easement, as ¡to the portion of Ruth Road only, also includes the right to install. repair, replace and maintain any and all underground utilities serving Coletti. 2. Conditions of this Easement. The conditions of this easement are: ~ æ w ~ tr « N ~ * CDtr~ ·,It),.."ww ~:¿¡jjz~ roCO(9(9~ g~a:~ffi ~ w-J C'\ ~ ZO ~C9 z>- I.Oz «I- Q~~~5 WWCD 0 >0" -w~ ü Wtr0 z U 0 -J W m 0 Q:: ~ ::; b. It is a common easement for the mutual benefit of Grantor and Grantee and their respective lands. Grantee shall not fence the easement without Grantor's prior written permission. Coletti shall have the US'9 of but no obligation for the construction or maintenance, including t'1e obligation to snowplow any portion of the road on the new easement except for that portion of Ruth Road used exclusively by Coletti for the benefit of his property. However, Coletti may use any portion of Ruth Road constructed by Sandner for access and installation of underground utilities for Coletti's property. Grantor shall have no liability in connection with Grantee's use of the new easement for access or utiliti,es to Grantee's property except that Grantor agrees to construct the road in accordance with good a. c. d. ~'."" ''''''11;''. ... _'~,7"'-:¡,' _: '-1.::'t,.'.' ·'~ni:rt~~I:1r;~.i-=.::..:.:,¡:,.I...~r:I:r.L:l:&::.1 ~:a;AŒdJiiI~___-""!"¡i!c.:~,"__~".i·.k~,^,'..!.:,:,~ :~' .':"'.\'i.~~~:.-';: ,. Ü91}~(:)35 ···'·~"·:>:'·'TI:I~:I,....:.:I;';';' '>-·:""'""~·~iIiiI'&!t':'-'~'!>~r,-:;.'~:;O~:Z:':"''t·~'n,·::':".-..\.!_· -.':';t'·~:""""."t.!;b~~"'~.j¡""""ll~''''·''! '';';'''!Ir..,:''\:O;,.;O..~,.:o..:.",. CO(763 e. engineering practice and in compliance with all government regulations and to maintain it in good and safe condition This easement shall replace and supersede all prior easements for the benefit for or in favor of, or claimed to be in favor of, the property described in Paragraph 3, including without limitation the following: (1) two separate "rights of ingress and egress and public utilities· as more particularly described in that certain Warranty Deed between Les W. Jacobs, a single man, as grantor. and Thomas Coletti. a single man, as grantee, dated December 11, 1998, and recorded in the office of the Lincoln County Clerk on December 21, 1998. in Book 423 PR at Page 256; (2) a "right of way parcel· as more particularly described in that certain Warranty Deed between Husein, Inc., a Wyoming corporation, as grantor, and Firoz Husein and Diane Husein, husband and wife, as grantees, dated March 17, 1996, and recorded in the office of the Lincoln County Clerk on March 18. 1996, in Book 381 PR at Pag,s 288; and (3) that certain Road Access Easement Agreement between Firoz Husein and Diane Husein. husband and wife, as grantor, and Les Jacobs as grantee dated December 16. 1998, and recorded in the office of the Lincoln County Clerk on December 21, 1998, in Book 423 PR at Page 248 The described easements are hereby declared to be terminated, null and void and of no further force or effect with regard to Grantee's land as more particularly described in Paragraph 3 below. 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantee in Lincoln County, Wyoming: A tract of land encompassing an area of 2.00 acres, more or less, located in the W112SE1/4NW1/4 of Section 20, T37N. R118W, Lincoln County, Wyoming. as more particularly described in that certain Warranty Dèed between Les W. Jacobs. a single man, as grantor. and Thomas Coletti, a single man, as grantee, dated December 11, 1998, and recorded in the office of the Lincoln County Clerk on December 21. 1998, in Book 423 PR at Page 256. 4. Description of Easement The easement is described as follows: A strip of land 30 feet in width, 15 feet each side of the centerline of Laurel Trail as depicted on the below described plat; and also the east 30 feet of Ruth Road as depicted on the below described plat; ¡~:~i!::!i~!:i¡m~l:t~~~- !~'\~~~i~j~~:~,,~iilB 2 [!jr.~¡ I"j f·I·,I"...' .C, j' ò'~j¡t.'; II'il ~~~;;; r:m:' ~!m;:~ ~;~~mm¡il~m~~;~¡1 ~um~fu~~~~~m ...._..0.:.,...... '_'·"J:..,...I__'_"·'·'~"'.!.."···~'I;~·';':·""'~f'...'·"CI ,.(\....... .'~.t~1 . ;:..;_.~"..! ~~-,"'.~ . .';:...'_".;;.,...':,:0.'.0:..".:.;&;..,..........,........ . ·'LC~,:-~_mlTõ'ü£'·~'·J'~:P"'I";.tr.tU'!. ,~~-.".,....'d.·,-4:.. 'c'," . . .,. ,..,.......,.;...."., .. ',"" '. ,_ .....'.,.;.;.'...~~,...;.;:... Ü3l8~)35 f·nr....· \~: "" ~.' .. 6 4 all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled. ·Palisade Pines Amended Within the W112SE1/4NW1/4 Section 20, T37N, R118W, Lincoln County, Wyoming", dated November 7. 2005, as revised. 5. Binding Effect This Agreement shall run with the servient and dominant tenements and shall bind and benefit the he¡¡'s. executors, administrators, trustees, successors and assigns of the respective parties hereto. 6. Waiver of Homestead Rights. The Grantor hereby waives and releases 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. 7. Special Note of this easement According to Lincoln County Planning and Zoning Regulations regarding subdivisions in Lincoln County, it is understood in this easement agreement that no structure of any nature may be placed within the easement boundaries. Furthermore. it is the intent of the Grantor that when the Conditions, Covenants, and Restrictions are finalized for Palisade Pines Subdivision that all easement Right of Ways will be kept clear of any clutter that would impede ingress or egress or otherwise negatively impact the natural aesthetics of the property. IN WITNESS WHEREOF, we have hereunto set our hands as of the ø2 3> day of ~.-\ ,2006. Northstar Corporation, a Wyoming ¡Corporation (Grantor) ~~Jd. Attest:: ~,~ (-x'/~ ¡LTiiML Linda L. Sandner, Secretary ([ ~ PENNY JONES .NOTARY PUBLIC COUNTY OF ' , STATE OF LINCOLN WYOMING MY coMMISSION EXPIRES SEPTEMBER 18. 2007 3 ~ ·' ·,·.·.·.·.·.·.·..·....,...L"'-1,"'-·="'-....:.;~":'O.;;.·,;..lþ".·;;J;.""'t".JU!1:.t'...;.¡;!·;,;:,,: ..,,;¡..'-$..h.~)¡;::;..>~.,....--, ..;,...........'..-,;....',.,...,............<-.............., ,..! ····~"'·~I'!.....¡~~ ..~¡,fó" '-' '."I".~;,;¡.,..,,'...... ...." ..... '. . :::-.'. .:~..,.." ..~.1~;~~.:t-I!~"".~".'.. "¡",'" '~,"", .... :: '';''I~''_'''''.'.''. " ... ~ (' n, n ";;1 6 r" . '. <:, 0 '1 QC 3t..- O~t _~CJ'\J¡ , .~J STATE OF WYOMING : ss. COUNTY OF LINCOLN : On this ~ 7 ~ay of JJ ¡JÂ;" a I 2006. before me personally appeared Jim A. Sandner, to me personally"'k'ñ(1wn. who, being by me duly sworn, did say that he is the President of Northstar Corporation, a Wyoming corporation, described in and which executed the foregoing instrument; that said instrument was signed in behalf of said corporation by authority of its Board of Directors; and said Jim A. Sandner acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and notarial seal the day and year first above written in this certificate. Q ~/ NOTA~C . My commission expires: 9- Jr. ð 7 . Thomas Coletti, (Grantee) PENNY JON!!I .OT..Mft PUBlIC COUNTY OF ,STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES SEPTEMBER 18. 'JJ1lf STATE OF~i~. : ss COUNTYOF~-""~./ ~ The foregoing Easement was acknowledged before me by Thomas Coletti, a single man, this Æ 7 day of ~.1L~ , 2006. Witness my hand and official seal. .qf~þO / , NOTA B My commission expires: 9-/ ¡ () 7 4 íl¡:':':'~':.;J; :j.:~t! p:':~:~:~I""i""'j'~ ~~óilij~~