No preview available
HomeMy WebLinkAbout920903 GRANT OF EASEMENT nO·O'7rï8 Y) L RUSSELL MOTZKUS and MIClŒLLE MOTZKUS, Husband and Wife, Grantors, of County of Lincoln, State of Wyoming, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, CONVEY AND WARRANT to SOUTH ETNA IRRIGATION COMPANY, Grantees, its successors or assigns, an easement for the benefit of the Grantees, on the following described real estate situate in County of Lincoln and State of Wyoming, for the following purposes and under the following conditions: 1. Purpose of Easement. This easement shall be for ingress, egress and the placement, installation and maintenance of an irrigation water line, under, and across the property of the GRANTOR, said property being more fully described in BOOK 551 PR 782 in the Office of the Lincoln County Recorder. This easement shall allow for the ingress and egress over, under, and across the property of the GRANTOR for the purpose of the inspection and maintenance of the utilities placed within this easement. 2. Description of Easement and Servient Estate. The easement shall occupy the following described property: A strip of land thirty (30) feet in width, within the NEl/4SEl/4 of Section 10, T35N Rl19W, Lincoln County, Wyoming, for an underground irrigation line, with the southwesterly and westerly lines described as follows: . BEGINNING at a position thirty-four (34) feet westerly of an existing underground irrigation line, on the south line of that tract of record in the Office of the Clerk of Lincoln County, Wyoming in Book 551 of Photostatic Records on page 782, N65°51'13"W, 442.41 feet, from the southeast comer of said NEl/4SEl/4: Thence N59°-55'-39"W, 90.75 feet, to position on the centerline of Clearview Loop, as depicted that plat to be filed in said Office titled, "CLEAR VIEW VILLAGE PHASE 1 WITHIN TlŒ NE1/4SEl/4 SECTION 10 T35N R119W LINCOLN COUNTY, WYOMING" dated 10 April 2006, as revised; Thence NOoo-ll'-08"E, 689.67 feet, along said centerline, to a position on the south line of that tract of record in said Office in Book 454 of Photostatic Records in page 181; The BASE BEARING for this survey is the east line of the SEl/4 of Section 10, T35N Rl18W, being NOoo-07'-54"W; The northeasterly and easterly right-of-way lines of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of thirty (30) feet to meet the southerly line of said tract in Book 551 and the southerly line of said tract in Book 454; Each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; Each "position" is a calculated position with no monument found or set; All in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ROBERT L. SANDESON AND SHARON SANDERSON RUSSELL MOTZKUS AND MIClŒLLE MOTZKUS PLAT OF TRACTS, EASEMENTS AND BOUNDARY ADJUSTMENTS WITHIN TlŒ NEl/4SEl/4 SECTION 10 T35N Rl19W LINCOLN COUNTY, WYOMING", dated 5 September 2005, as revised. 3. Hold Hannless and Indemnification. With the exception of gross negligence or criminal misconduct on the part of the GRANTOR, the GRANTEE shall hold the GRANTOR harmless for any damage which may occur to the utilities installed within the areacf this easement. The GRANTEE shall use its best efforts to restore the property to its original condition in the event the GRANTEE disrupts the property for during construction or maintenance of the utilities contained within this easement. RECEIVED 8/3/2006 at 11 :11 AM RECEIVING # 920903 BOOK: 628 PAGE: 728 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMER~_~. WY .. -----. ~ ..~ _.,.~-- ¡;j1¡i¡t¡mmmiIfJilr;ij Easement Page 1 of2 if~lfjWf~î~¡¡f¡.~!,~ i~~mm;~~ 0920903 4. Binding Effect. The terms and conditions of this easement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties named in this instrument. wITNEss my hand this ~ay of *.2006. 000'729 l1f~/~ ~~/)~ MICHELLE M01ZKU ' . THE STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ... The foregoing instrument was aCknOWledgj before me by RUSSELL MOTZKUS and MICHELLE MOTZKUS, this dO day of ill! ~ ' 2006. Witness my hand and official seal. ..,.' ·-'¡t<'''·''"t.l¡ My Commission Expires: ~-á.O- \0 TARY PUBLIC County of State Of Lincoln WyomIng M Commission Expires d)&b)¡O " Easement Page 2 of2