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SHARED ACCESS AND UTILITY EASEMENT
Lincoln County School District #2, of P.O. Box 219, Afton, Wyoming 83110,
Grantor, for and in consideration ofTen Dollars ($10.00) and other valuable consideration
and the agreement of the Grantees hereunder to construct and maintain the road to be
constructed on the easement granted herein do hereby GRANT AND CONVEY to Richard
N. Brough and Sandra H. Brough, husband and wife P.O. Box 1029, Afton, Wyoming
83110, hereinafter referred to as "Brough", and Roger L. Livingston of 575 E 4500 S, Suite
B -180, Salt Lake City, Utah 84107, hereinafter referred to as "Livingston", and Broughs
and Livingston are herein collectively referred to as "Grantees", the following described
nonexclusive perpetual right of way easement for the following purposes:
1. Purpose of Easement:
This easement is for the purpose of providing a perpetual nonexclusive Sixty
(60) foot wide right of way easement for ingress and egress and all utilities
to the property described in paragraph (3) hereof, including the right to
construct and maintain a roadway to provide that ingress and egress and for
all utilities. This easement is not for the purpose of providing or creating a
public right of way or access to any other lands other then those described
in paragraph (3) hereof.
RECEIVED 10/6/2006 at 10:39 AM
RECEIVING # 923126
BOOK: 636 PAGE: 107
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
2.
Conditions of Easement:
The conditions of this easement are:
(a) It is a common easement for the mutual benefit of Lincoln County School
District #2 and the Grantees and their respective lands.
(b) The easement may not be fenced by the Grantee without the prior written
consent of the Grantor being first obtained.
(c) The Grantees Brough and Livingston shall be responsible for any and all
cost of construction and maintenance of the roadway to be constructed upon
the easement that benefits their respective property. Each of them agree to
pay their reasonable and fair share of such construction and maintenance
and it is specifically acknowledged that the consideration for the granting of
this easement is the agreement of the Grantees to construct and maintain
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said roadway at their sole cost and expense and that said roadway shall be
constructed in compliance and conformance with the roadway requirements
of Lincoln County, Wyoming and the Grantee shall indemnify and hold
Lincoln County School District #2 harmless for any and all costs and
expenses associated with the construction and maintenance of said
roadway. In the event that the Grantees fail to comply with the conditions
and terms of this agreement and it is necessary for Lincoln County School
District #2 to bring legal action pursuant to this easement to compel such
payment then in any such legal action, Lincoln County School District may
recover its reasonable attorneys fees and costs in addition to any other relief
granted. The cost of the construction and maintenance of the roadway shall
be divided between Brough and Livingston on a pro rata basis based upon
the respective acreage of their property as described in paragraph (3) hereof.
3. Property Benefitted by Easement:
This easement is for the benefit of the following described real property of
the Grantor and Grantees in Lincoln County, Wyoming described as follows:
(a) Lincoln County School District #2 property all of that property as more
fully described in the following deeds:
1. Deed recorded in Book 573 PR 142.
2. Deed recorded in Book 157 PR 119.
3. All property described in that certain Plat of boundary adjustment for
Robert W. Brown et al and Lincoln County School District #2 within the NW~
NW% Section 18, T31N, R118W, Lincoln County, Wyoming dated
September 20, 1993 as revised of record in the Office of the Lincoln County
Clerks Office.
(b) Livingston Property
Lots 1, 2, 3,4 and 5 ofthe Wickiup Estates as said lots are described on the
official Plat of said subdivision in the Office of the Lincoln County Clerk.
(c) Brough Property
Lot 2 Dry Creek Acres as said lot is described on the official Plat of said
2
subdivision in the Office of the Lincoln County Clerk.
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4. Description of Easement:
The easement is described as follows:
The property as more fully described on Exhibit A entitled description for
Lincoln County School District #2 Sixty (60) foot shared access and utility
easement dated August 30,2006 prepared by Surveyor Scherbel Ltd.
5. Binding Effect:
The terms and conditions of this easement shall be binding upon and inure
to the benefit of the heirs, successors and interest and assigns of the parties
named in this instrument.
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 any such rights may interfere with the purposes of this easement.
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IN WITNESS WHEREOF, we have set our hands as of the IN day of
September, 2006
Attest:
K~~
ClerK of Board
~~
Sandra H. Brough
THE STATE OF WYOMING )
)88.
COUNTY OF LINCOLN )
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The above and foregoing instrument was acknowledged before me by Reynold
Johnson, Chairman and KarlYt1 Hoopes, Clerk, Lincoln County School District #2 Board of
,
Trustees, by and on behalf of the authority of the Board of Trustees this J J. fkday of
September, 2006.
d official seal.
county of State of
Uncoln Wyoming
My Commission Expires May 3, 2010
J f?~~
Notary Public
THE STATE OF WYOMING
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COUNTY OF LINCOLN
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The above and foregoing instrument was acknowledged before me by Richard N.
and Sandra H. Brough this ~day of September, 2006.
WITNESS my hand and official seal.
THE STATE OF
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C.A. ORTENZIO - NOTARY PUBUC
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Stale of
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My Commlaslon Expires /I-~'" -ðÎ
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NOTARY PUBLIC
ALlSA ANDREWS
27801 E. MORNI/!'JSIDE DR.
SALT LAKE CIl Y..IT 84124
MY COMMISSION EXPIRES
OCTOBER 3D. 2006
STATE OF UTAH
The above and foregoing instrument was acknowledged before me by Roger L.
Livingston this JPLday of September, 2006.
WI:rNESS my hand and official seal.
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Notary Puhlic
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