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OC032ú:l
EASEMENT AGREEMENT
Agreement made, effective as of the )'). day of November, 2006, by and
between BARRMORE, LLC, a Wyoming Limited Liability Company, ofP. O. Box 1780,
Afton, Wyoming 83110, BRAD MOREHOUSE and BARR McCUTCHEON, Managing
Members, GRANTOR; and MCKAYLA'S LANDING, LLC, a Wyoming Limited Liability
Company of Afton, Lincoln County, Wyoming, GRANTEE.
RECITALS
The parties recite and declare:
A. The parties have an interest in adjoining real estate in Lincoln County, State of
Wyoming, and described, respectively, as follows:
(1) BARRMORE, LLC, a Wyoming Limited Liability Company, BRAD
MOREHOUSE and BARR McCUTCHEON, Managing members, Grantors:
(BURDENED PROPERTY)
A viat Taxiway in the Afton Airpark Addition to the Town of Afton
of record in the Office of the Clerk of Lincoln County as Plat No,
167-C.
(2) MCKAYLA'S LANDING, LLC, Grantee.
(BENEFITTED PROPERTY)
Lot 205 of the Haven of Hope First Addition to the Town of Afton
of record in the Office of the Clerk of Lincoln County as Plat No.
247-A.
B. The herein identified parties desire to create a non-exclusive easement for an
underground sewer line between the above-described adjoining properties, for
the benefit of the property described in paragraph A(2).
Bowers & Associates Law Offices, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
RECEIVED 12/14/2006 at 10:39 AM
RECEIVING # 925304
BOOK: 643 PAGE: 324
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Easement, Page 1 of 7
092530~'}
DECLARATION OF EASEMENTS
000325
The parties agree as follows:
The undersigned parties, their heirs, successors, and assigns, hereby grant and
convey a perpetual non-exclusive easement for an underground sewer line in favor of
the property herein described in paragraph A(2), hereby burdening the property
described in paragraph A(1), the perpetual non- exclusive easement being more
particularly described as follows:
The easement described in "Exhibit A"
attached hereto and made part of by reference and
incorporation as if fully set forth herein by reference and
incorporation.
CONSIDERATION
The mutual promises and agreement of the parties, shall serve as sufficient
consideration and payment under this agreement. In addition, Grantee agrees to pay to
Grantor a total of Nine Thousand Fifteen Dollars and Forty Eight Cents ($9,015.48) to
be paid upon execution of this agreement, said amount representing one half of the cost
to install the water line benefitting the properties.
EASEMENT NOT TO BE OBSTRUCTED
The parties, their heirs, successors, or assigns, shall not use the easement or
obstruct the herein described easement in any way that will impair the rights of the
other parties, their heirs and assigns in the use of this easement.
USE OF EASEMENT
All parties shall have reasonable unlimited use of the herein described easement
for any use that they feel is appropriate, providing however, that such use shall not
interfere with any other party's use of the easement and subject to the terms and
limitations of this document.
EASEMENT TO RUN WITH LAND
This grant of easement shall run with the land and shall be binding on and shall
Bowers & Associates Law Offices, PC
Post Office Box 1550
Ajton, Wyoming 83110
307-885-2266
Easement, Page 2 of 7
092530L1
000326
inure to the benefit of the parties to this agreement, their respective heirs, successors,
or assigns.
INDEMNITY
Each of the parties agree to indemnify and hold the other harmless from and
against any and all liability for personal injury or property damage when such injury or
damage shall result from, arise out of, or be attributable to any use, maintenance or
repair undertaken by either party.
REPAIR AND MAINTENANCE OF EASEMENTS
The easement premises shall be used for an underground sewer line, the
easement shall be properly maintained by the grantee, in good condition for this
purpose. When repairs and/or maintenance are necessary the grantee shall give
reasonable notice to the grantor and may undertake such repairs or maintenance
anywhere on the easement premises. Provided, that the repairs and/or maintenance
shall not interfere, encroach or damage the adjacent land of the grantor. Capital
improvements to the easement premises may be undertaken upon approval of the
grantor, however, the grantor shall have no responsibility or obligation to pay for any
maintenance, improvements or capital improvements unless agreed on, in writing,
by the grantor.
The grantee will exercise reasonable care in the use of the easement premises so
as not to cause m re than normal wear and tear on the easement improvements. Any
damage to the eas ment premises caused the grantee shall promptly be repaired by
the grantee at his r her sole expense. If the grantee fails to repair any damage to the
easement premis¡s caused by him or her or his or her guests or invitees within 30
days of receipt of written request from the grantor, the grantor may make the repairs
and the cost of doing so will be the sole responsibility of the grantee. The grantee
shall pay to the grantor his or her costs incurred for the repairs within 30 days from
the date of the repairs. The cost of repairs made by the grantor, being the
responsibility of the grantee, shall accrue interest in the amount of 21% per annum
until paid in full. In addition the costs of the repairs, the grantee shall be responsible
Bowers & Associates Law Offices, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
Easement, Page 3 of 7
OO"'lI~··")O,t:l
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000327
for all reasonable attorney fees incurred by the grantor in enforcing and/or collecting
the costs of the repairs.
NOTICES
Any notice provided for or concerning this agreement shall be in writing and
be deemed sufficiently given when sent by certified or registered mail if sent to the
respective address of each party as set forth at the beginning of this agreement.
GOVERNING LAW
It is agreed that this agreement shall be governed by, construed, and
enforced in accordance with the laws of the State of Wyoming.
ENTIRE AGREEMENT
This agreement shall constitute the entire agreement between the parties
and any prior understanding or representation of any kind preceding the date of this
agreement shall not be binding upon either party except to the extent incorporated in
this agreement.
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by either
party in connection with this agreement shall be binding only if evidenced in writing
signed by each party or an authorized representative of each party.
NO WAIVER
The failure of either 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 in full force and affect, as if no such forbearance or waiver had occurred.
WAIVER OF HOMESTEAD RIGHTS
The undersigned parties, being Grantors and Grantee, hereby waive and
release all rights to the described easement under and by virtue of the homestead
exemption laws of the state of Wyoming.
Bowers & Associates Law Offices, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
Easement, Page 4 of 7
032530/.t
000328
PARAGRAPH HEADINGS
The titles to the paragraphs of this agreement are solely for the convenience
of the parties and shall not be used to explain, modify, simplify, or aid in the
interpretation of the provisions of this agreement.
IN WITNESS WHEREOF, each party to this agreement has caused it to be
executed on the date indicated below the provisions of this agreement.
DATED this ;ø... day of November, 2006.
Bowers & Associates Law Offices, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
GRANTORS:
BARRMORE, LLC,
A Wyoming Limited Liability Company
BRAD MOREHOUSE, Managing Member
BARR McCUTCHEON, Managing Member
GRANTEE:
MCKAYLA'S LANDING, LLC
A Wy 1 g Limited Liability Company
Easement, Page 5 of 7
03ZS30l1
000329
PARAGRAPH HEADINGS
The titles to the paragraphs of this agreement are solely for the convenience
of the parties and shan not be used to explain, modify, simplify, or aid jn the
interpretation of the provisions of this agreement.
IN WITNESS WHEREOF, each party to this agreement has caused it to be
executed on the date indicated below the provisions afthis agreement.
DATED this ~ day o/November, 2006.
Bowers & Associates Law Offices, PC
Post Office Box 1.550
Afton, Wyoming 8.'3110
3Q7-885-2266
GRANTORS:
BARRMORE, LLC,
A Wyoming Limited Liability Company
tn~'i;J~
BRAD MOREHOUSE, Managing Member
~~
BARR McC 'HEON, Mana!1in9 Member
GRANTEE:
MCKAYLA'S LANDING, LLC
A Wy l 9 Limited Liability Company
&sllmenr., Page 5 0/7
092530ll: ':J.L.N.TE OF WYOMING
COUNTY OF UNCOLN
)
)ss.
)
000330
The foregoing instrument was acknowledged before me by BRAD
MOREHOUSE who appeared before me and was personally known to me, and by
whom duly sworn and upon oath represented that he was a Managing Member of
BARRMORE, LLC, a Wyoming Limited Liability Company, that the instrument was
signed on behalf of BARRMORE, LLC, a Wyoming Limited Liability Company, by
the authority of the board of directors or trustees thereof, who acknowledged the
instrument to be the free act and deed of BARRMORE, LLC, a Wyoming Limited
Liability Company, this 2 L day of November, 2006.
.
WITNESS my hand and official seal.
~íà~
NOTARY PUBL C
My Commission Expires: \ \. \~. 2ó lO
PAMELA J. CLEMENT· NOTARY PUBUG
County of Slate of
Uncoln Wyoming
My Commission Explre~ H' I ¡. 2b) D
STATE OF WYOMING )
)S5.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by BARR
McCUTCHEON, who appeared before me and was personally known to me, and by
whom duly sworn and upon oath represented that he was a Managing Member of
BARRMORE, LLC, a Wyoming Limited Liability Company, that the instrument was
signed on behalf of BARRMORE, LLC, a Wyoming Limited Liability Company, by the
authority of the board of directors or trustees thereof, who acknowledged the
instrument to be the free act and deed of BARRMORE, LLC, a Wyoming Limited
Liability Company, this 1. z.. day of November, 2006.
WITNESS my hand and official seal.
~~~
N
PAMELA J, CLEM,~~l- N T ARY PUBUG
County of ". State of
Uncoln Wyoming
\l' 1'3' z,òlO
My CommissIon expires
My Commission Expires: \\. \~. ~ l 0
Bowers & Associates Law Offices, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
Easement, Page 6 of 7
STATE OF WYOMING
COUNTY OF UNCOLN
~ SS. 032530~1
)
00033jt
The foregoing instrument was acknowledged before me by DEX GARDNER,
who appeared before me and was personally known to me, and by whom duly sworn
and upon oath represented that he was a Managing Member of MCKAYLA'S
LANDING, LLC, a Wyoming Limited Liability Company, that the instrument was
signed on behalf of MCKAYLA'S LANDING, LLC, a Wyoming Limited Liability
Company, by the authority of the board of directors or trustees thereof, who
acknowledged the instrument to be the free act and deed of MCKAYLA'S LANDING,
LLC, a Wyoming Limited Liability Company, this 2'2... day of November, 2006.
WITNESS my hand and official seal.
JAMIE DECORA . NOTARY PUBLIC
State of
Wyoming
~
~.."v.._. Ç\. C ðI ¡Q
OTARY PUBLIC
STATE OFWYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by BLAIR GARDNER,
who appeared before me and was personally known to me, and by whom duly sworn
and upon oath represented that he was a Managing Member of MCKAYLA'S
LANDING, LLC, a Wyoming Limited Liability Company, that the instrument was
signed on behalf of MCKAYLA'S LANDING, LLC, a Wyoming Limited Liability
Company, by the authority of the board of directors or trustees thereof, who
acknowledged the instrument to be the free act and deed of MCKAYLA'S LANDING,
LLC, a Wyoming Limited Liability Company, this 22.. day of November, 2006.
WITNESS my hand and official seal.
JAMIE DECORA - NOTARY PUBLIC
County of '
,Lincoln . State ,of
1 . ._" Wyoming
~_~I£~~ 201
I
Bowers & Associates Law Offices, PC
Post Office Box 1550
Afton, Wyomi~g 83110
307-885-2266,
Easement, Page 7 of 7