HomeMy WebLinkAbout923748
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RECEIVED 10/26/2006 at 10:58 AM
RECEIVING # 923748
BOOK: 638 PAGE: 222
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
EASEMENT
(WITH RELEASE OF PRIOR EASEMENTS)
000222
KNOW ALL MEN BY THESE PRESENTS, That the undersigned, John Michael Clinger.
individually and as General Partner of The Anne B. Clinger Family Limited Partnership. a Wyoming
limited partnership, Kåren Anne Hops. a single woman. and Brent Elwood Johnston, a single
man, grantors, of Alpine, Lincoln County. Wyoming. for and in consideration of the sum of TEN
DOLLA.RS ($10.00) and other good and valuable considerations. the receipt whereof is hereby
acknowledged. do hereby grant and release unto
the North Alpine Improvement and Service District No.1. a political subdivision of the
State of Wyoming. grantee, of PO Box 3776. Alpine. WY 83128,··
the following described non-exclusive, perpetual right-of-way easement for the following purposes:
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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 and all underground
utilities to the property described in Paragraph 3 including the right to install. construct. reconstruct,
repair. replace and maintain a roadway and all underground utilities, and including the right to
inspect the easement.
However. this Easement is not for the purpose of providing or creating a public right
of way or access to any public lands.
2. Conditions of this Easement The conditions of this easement are:
a. It is a common easement for the mutual benefit of all Grantors and
Grantee and their respective lands.
b. In connection with construction. reconstruction, operation and
maintenance of a road, Grantee shall install and maintain good and
sufficient speed bumps the location of which shall be selected with
the advice and consent of grantor. John Michael Clinger.
c. Grantee shall not fence the easement without the prior written
consent of Grantors.
d. Grantors shall have the right to the full use of the roadway at any and
all times, including the right to install underground utilities within the
roadway easement, provided such use by the Grantors does not
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0923748
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000223
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interfere with the grant of this easement, and provided further that the
Grantors shall be responsible for and pay any and all repairs or
maintenance of the easement occasioned by any such use.
Except as provided in d. above, Grantee shall be responsible ~or and
pay all costs of constructing and maintaining the easement. .
Any and all utilities installed in the easement by Grantee shall be
underground.
Grantee shall hold Grantors harmless from any liability, injury,
damage or claim by any person whomsoever using or traveling upon
the roadway. whether or not such use is with or without the
permission, consent or knowledge of the Grantee; excepting,
however, any such claim arising from the use of the roadway by the
Grantors or by persons using the roadway with the express
permission of the Grantors, including any such use pursuant to the
grant of a subsequent easement by the Grantors.
This easement shall replace and supersede all prior easements
granted by the Grantors in favor of, or claimed to be in favor of, the
property described in Paragraph 3, including without limitation any
easement provided for or referred to in certain Certificate of Owner
dated August 24, 1955, and Certificate of Engineer executed on
August 19, 1955, both of which were filed in connection with the Rees
Subdivision, any such easements hereby declared to be terminated,
null and void and of no further force or effect.
As long as any of the Grantors lives, Grantee shall not without the
prior written consent of all living Grantors conveyor transfer any
interest in this easement to any persons not owning property located
in the Rees Subdivision.
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3. Property Benefited by Easement. This easement is for the benefit of the following
described real property of the grantee in Lincoln County, Wyoming:
All lands located in the Rees Subdivision, being a portion of the N112SE1/4 of
Section 20, T37N, R118W of the 6th P.M., Lincoln County, Wyoming, as more
particularly described on the official plat thereof on file in the office of the Lincoln
County Clerk, Kemmerer, Wyoming.
4. Description of Easement. The easement is described as follows:
A 30-foot wide strip of land located within the NE1/4SE1/4 of Section 20, T37N,
R118W of the 6th P.M., Lincoln County, Wyoming, the center line being more
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0923748
000224
particularty described on Exhibit A attached and incorporated herein by this
reference.
5. Binding Effect The terms and conditions of this easement shall be .binding upon
and inure to the benefit of the heirs, successors in interest and assigns of the parties named in this
instrument.
6. Waiver of Homestead Rights. 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 I we have hereunto set our hands as of the tÆL day of
September, 2006.
The Anne B. Clinger Family Limited Partnership,
A Wyoming limited partnership,
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aren Añn~ Hops by ohn Michael
Clinger, her attorney-in-fact
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0923748
000225
STATE OF WYOMING
ss
COUNTY OF LINCOLN
The foregoing Easement was acknowledged before me by John Michael Clinger, a single
man, as General Partner of ~ne B. ~I~e~ ~..aE'ily ).i~ited Partnership, and as attorney-in-fact
for Karen Anne Hops, this day of~ .2006.
Witness my hand and official seal.
LAURA L AXFORD - NOTARY PUBLIC
~ty of & State of
Lincoln . WYoming
My Convnis&ion EXPires ~-i. -ðj
My commission expires:
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,
STATE OF WYOMING
COUNTY OF LINCOLN
ss
The for:egoing Ea.~e~~s agknowledged before me by Brent Elwood Johnston, a single
man, this ~r day of ~ ,2006.
Witness my hand and official seal.
LAURA L AXFORD - NOTARY PUBLIC
COunty of & Stata of
Lincoln . Wyomin
My Commission expires 1-lr()
My commission expires:
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110.
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