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Home My WebLink About920556 r"I n C ~ .< 9 (~;u ,,'~J RIGHT-OF-WAY EASEMENT THIS AGREEMENT made effective as of the I L ~ay of ~t, 200k by and between the following Grantors: George K. Merritt and Winifred P. Merritt, Husband and Wife; and Gardner Ranch, Inc., a Wyoming Corporation, Grantors, and George K. Merritt and Winifred P. Merritt, Husband and Wife; and Gardner Ranch, Inc., A Wyoming Corporation and thier heirs, successors and assigns, for limited rights and privileges as hereafter outlined, Grantees. For value given and consideration of promises and agreements contained herein to be performed and kept. The Parties agree as follows: A. The Merritts are owners of three pieces of property as described and filed in Book 183 P.R., Page 313; Book 183 P.R., Page 474; and Book 183 P.R., Page 475; and Book 183 P. R., Page 476; Gardner Ranch, Inc., A Wyoming Corporation owns property as recorded in Book 378 P.R. on Page 770, all recorded in the Office of the Lincoln County Clerk, Lincoln County, Wyoming. The Parties are desirous to establish a non- accessible perpetual easement in the width of sixty (60) feet as hereafter described to be the easement. B. Property to be benefited and served by the said easement, being the property owned by George K. Merritt and Winifred P. Merritt, as recorded in the Lincoln County Public Records in Book 183 P.R., Page 475; and the Gardner Ranch, Inc. property as recorded in Page 378 P.R. at Page 770, in the Office of the Lincoln County Public Records. C. The Parties agree to create an easement for ingress and egress and underground utilities, the above-described easement being as described in Exhibit "A" attached and made a part hereof, for the benefit of the property described heretofore. 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 perpetual ease~ent as heretofore declared by Exhibit "A", attached and made a part hereof. D. 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 heirs, successors or assigns in the use of this easement. Said easement is not to be used for industrial, manufacturing or commercial enterprise. Home businesses are not considered commercial enterprise. E. 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 interfere 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. RIGHT-OF-WAY EASEMENT Merritts/Gardner Page 1 of3 RECEIVED 7/25/2006 at 11 :02 AM RECEIVING # 920556 BOOK: 627 PAGE: 419 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY :: ~: t~~I¡j~~~~~~~! "JIQCC"6 09--." ....ø...:J 000420 F. 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. G. 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. H. This agreement shall be governed, construed and enforced in accordance with the laws of the State of Wyoming. 1. 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. . J. 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. K. 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 L. 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, each Party of this agreement has caused it to be executed on the date indicated below and the provisions of this agreement. DATED this ~ day Of} "-~~ , 200-' ~kJ 0tf- /GEORGE~MÉrotl~ ~~itJf{d;? ~ RED P. MErotlTT GARDNER RANCH, INC. A Wyoming Corporation RIGHT-OF-WAY EASEMENT Merritts/Gardner Page 2 of3 !iilimm;~m~¡¡);j :m~~j¡m~mi!~¡{1 0920556 000421 UTft1f ~J¿4ífJbR~}f.IBHJllÇ ~) Merritts/Gardner ) SS. 00L1NJ'~ OF ~.GeLN ) ! va Ví~ ~ Thè foregoing Right-of-Way Easement was acknowledged before me by George K. Merritt and Winifred P. Merritt, Husband and Wife on this ~ day of A1:lg~, ~A C'7 ~Oo&- 7~ ~ 1J<-- tfVj WITNESS my hand and official seal. .. ,,¿.¿=~ - I ---A7rr- ~. ~ . - State ot Utah 'ì(f (j tIl ~ '. . My Comm. ElpI". Apr 3,2010 NOTARY PUBLIC 1423N300Wlo\IIfftulUT840IO Cì 0"/ J ~ ~ ~ - .... My Commission Expires: '~( ) I //tJ/O STATE OF WYOMING ) )SS. COUNTY OF LINCOLN ) A rJH :J\.A..N€ ~( t On this~ day of .^.ugust, 20~ before me personally appeared O. David Gardner" to me personally known, who, being by me duly sworn, did say that he is the President of Gardner Ranch, Inc., a Wyoming Corporation, described and who executed the foregoing instrument; that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said O. David Gardner acknowledged said instrument to be the free act and deed of said corporation. WITNESS my hand and official seal. HAR, ON NIMMO WINESS . Notary Public County of State of llncoln t yo ing My Commission Expires:J. 0 7 ~~cØMØ NOTARY PUBLIC ./ My Commission Expires:...;J~ ~ ?tJ&1 RIGHT-OF-WAY EASEMENT Merritts/Gardner Page 3 of3 09(;O~j56 rnC'J1:.n2 \-' ,) ,<:t G DESCRIPTION - SIXTY FOOT EASEMENT A portion of the SW1I4NW1I4 of Section 29, T33N, R118W, of the 6th P.M., Lincoln County, Wyoming, the Westerly line being more particularly described as follows: BEGINNING at the B.L.M. type Monument marking the Ross M. Turner PE/LS 3514, 1981 location for the SW Corner of the said SWl/4NW1I4; thence Noo26' 15"E, along the West line of said SWI/4NWI/4, 784.00 feet; thence N39°38'12"E 171.25 feet; thence N34°20'32"E, 175.33 feet; thence NI5°29'13"E 176.55 feet; thence N23°57'12"E 101.69 feet more or less to a point in the South line of the NWl/4NWl/4, extending 60 feet to the East and Southeasterly direction of the aforesaid line. EXHIBIT "A", .page 1 of 2 ~m~?f¡ :;;:\;;1\ r,i~ :~.; ~¡::;~ ,::-:.0 09-;';Õ'5~jb 7 N 88"28'32" :::;:;:::::;:::::::::::: 292.63' .;:;:;::::::::;:::::,;, ("1"1. C" /. () 3 1_' U . 'f (.~ ~ ;;-'(0 ::-'0) \0 . ("'I ..... o C") gL() z 2 22 ~ ;;-'(0 ::-'C") \0 . ("'IN o L() gl"- Z w Võëo ::-'L() \0 . NO o <D gl'- Z PROPOSED ACCESS AND UTILITIES RIGHT-OF-WAY EASEMENT FOR N 88'28'32" E 1 60.04' 26 GARDNER PROPERTY E -h'· ,1:11~ .,11, " , , . It ~:;, ,I~X '. i.'JÎ I A nfJ ~t}c' "