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Home My WebLink About927046 ( , 000662 When Recorded Mail to: Reverdy Johnson, Esq. P.O. Box 145 Pope Valley, CA 94567 RECEIVED 2/26/2007 at 11 :26 AM RECEIVING # 927046 BOOK: 649 PAGE: 662 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made and entered into as of February L~, 2007, by and between La V or R. Jenkins and Barbara Jenkins, husband and wife ("Jenkins") and Gene Warren and Michelle Warren, husband and wife (IlWarren"). Jenkins owns the real property in the County of Lincoln , State of Wyoming, described in Exhibit A attached hereto and incorporated herein by reference (the "Jenkins Property"). Warren owns the real property in the County of Lincoln, State of Wyoming, described in Exhibit B attached hereto and incorporated herein by reference (the "Warren Property"). In consideration of the mutual covenants contained herein, Jenkins and Warren hereby agree as follows: 1. Termination of Existing Easement. That certain Grant of Easement Creating Right of Way recorded June 26, 1986 in Book 239PR ofthe official records of the County of Lincoln, State of Wyoming, at page 563, which encumbers a portion of the Warren Property and is appurtenant to the Jenkins Property, is hereby terminated and of no further force or effect. J~ 2. Grant of New Easement. Warren hereby grants to Jenkins, as an appurtenance to the Jenkins Property, a non-exclusive easement (the "New Easement") over the northerly 251 of the Warren Property (the "Easement Area"). The New Easement shall be for vehicular and pedestrian ingress and egress between the Jenkins Property and the Thayne - Freedom County Road No. 12-125 over the Easement Area. Warren reserves the right to use the Easement Area for any purpose consistent with the rights of Jenkins hereunder. Jenkins shall be responsible for the maintenance, repair and reconstruction of the roadway on the Easement Area at the cost of Jenkins, provided that Warren shall be responsible for costs that are reasonably attributable to use of the Easement Area by Warren or damage to the Easement Area caused by Warren. () \ \ 3. Successors and Assigns. This Easement Agreement shall be binding upon and inure to the benefit of Warren and Jenkins and their respective heirs, successor and assigns. 0927046 000663 IN WITNESS WHEREOF, Warren and Jenkins have executed this Easement :;nt:fili::aboveWritten~l (~.. GENE WARREN L VOR R. J S ~~~ MICHELLE WARREN ~'_. ,~ l~~~, ~ ~- --- ARBARA J KINS State of Wyoming ) ) ss. County of Lincoln ) The foregoing instrument was acknowledged before me by Gene Warren and Michelle Warren this ---f¿ day of February, 2007. My Commission Expires: .yc2~/¿> 7 Witness my hand and official seal. State of Wyoming ) ) ss. County of Lincoln ) The foregoing instrument was acknowledged before me by LaVor R. Jenkins and Barbara Jenkins this If).... day of February, 2007. Witness my hand and official seal. My Commission Expires: '3/~~ ~~- &-,~~ Notary Public 2 ------'......- LUMIN [Jp;·;;7:.--N,::.: NOTARY PUCLlC '. ,}!:>'~~ S t f COt"'! ,., "'\[f~M ta e 0 liIY'i" , '.' i~J!j.,J Wyormng 'J.:iiitP' My CO¡ ,,' '."'."', ¡,i,'pires Milrct· 25, 2007 --.;=~;.;..~~;::;;:=,:...... Easement Exhibit A 0927046 Exhibit A 000664 A portion of the Jenkins property as referred to in Deed recorded in Book 188PR on page 663 with the Office of the Clerk of Lincoln County, Wyoming, within GLO Lot 4 of Section 3, the NY¡ of GLO Lots 1,2 and 3, Section 4, Township 34 North, Range 119 West and the SWV.SW% of Section 34, Township 35 North, Range 119 West of the 6th P.M., Lincoln County, Wyoming, the metes and bounds more particularly described as follows: Beginning at an aluminum cap on iron pipe marking a point in the south line of Section 33 of said Township 35 North, Range 119 West, said point of beginning being 334.29 feet South 89°16'24" East, along said south line, from the BLM type monument marking the Lloyd B. Baker PE/LS 698 1997 location for the southwest corner of said Section 33; thence South 89°16'24" East, continuing along said south line, 2862.36 feet to the BLM type monument marking the Paul N. Scherbel RLS 164, 1967 location for the southeast corner of the SEJ~ of said Section 33; thence North 0°46'15" East, along the east line of said SE%, 1324.22 feet to the BLM type monument marking the Lloyd ß, Baker PE/LS 698, 2002 location for the Southwest corner of the NW%SW% of said Section 34; thence South 89°06'09" East, along the south line of said NW%SW% , 1329.13 feet to the BLM type monument marking the Lloyd B. Baker PEILS 698, 2002 location for the northwest corner of the SE%SW% of said Section 34; thence South 1°00'23" West, along the west line of said SE%SWV., 1323.79 feet to the BLM type monument marking the Lloyd B. Baker PE/LS 698, 2002 location for the northwest corner of the GLO Lot 3 of said Section 3; thence South 0°19'22" West, along the west line of said Lot 3,1268.51 feet to the northeast corner of the SW%NW% of said Section 3; thence North 89°05'38" West, along the north line of said SWV.NWV., 1321.79 feet to the BLM type monument marking the Lloyd B. Baker PEILS 698, 2004 for the southeast corner of said Lot 1; thence North 0°14'13" East, along the east line of said Lot 1, 633.95 feet to the BLM type monument marking the Lloyd B. Baker PR/LS 698, 2004 location for the northeast corner of the S% ofsaid Lots 1, 2 and 3; thence North 89°19'53" West, along the north line of said S% of said Lots 1,2 and 3,2300.74 feet to an aluminum cap on an iron pipe; thence North 6°28'02" West, 133,03 feet to an aluminum cap on iron pipe marking the easterly prolongation of the Haderlie property as referred to in the deed recorded in Book 320PR on page 244, with said office; thence North 89°19'53" West, to an~ along the north line of the said Haderlie property, 883.40 feet to a cotton gin spike marking a point in the east line of the SE~ of Section 22, Township 5 South, Range 46 East of the Boise Meridian, Caribou County, Idaho; thence North 0°34'54" East, along said east line 323.43 feet to a cotton gin spike; thence South 89°10'40" East, 336.77 feet to a T-Barwith metal cap; thence North 0°11 '45" West, 182.33 feet, to the true point of beginning. Easement Exhibit B 0927046 Description: Warren property Adjusted 2004 000665 A portion of the Warren property, as referred to in the Deed recorded in Book 421PR, on Page 251, a portion of the Jenkins property, as referred to in the Deed recorded in Book 188PR, on Page 663, with the Office of the Clerk of Lincoln County, Wyoming, within GLO Lot 4 (NW1/4NW1/4) of Section 3, T35N, R119W, of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at the B,L.M. type Monument marking the Southwest Corner of Section 33, T35N, of said R 119W; thence S89°16'24"E, along the South line of said Section 33,334.29 feet to an Aluminum Cap on Iron Pipe; thence Soo11'45"E 182.33 feet to a T-Barwith metal Cap; thence N89°10'40'W 336.77 feet to a Cotton Gin Spike marking a point in the East line ofthe SE1/4 of Section 22, T5S, R46E, of the Boise Meridian, Caribou County, Idaho; thence Noo34'54"E, along said East line, 181.75 feet, to the Point of Beginning, containing 1.402 Acres of land. TOGETHER WITH and SUBJECT TO: The Right-of-Way, as referred to in the Grant of Easement Creating Right-of-Way, recorded in Book 239PR, on Page 563, with said Office. SUBJECT TO: The Right-of-Way Easement, as referred to in the Right-of-Way Easement recorded in Book 188PR, on Page 534, with said Office, for Thayne _ Freedom County Road 12-125. TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Reservations, Restrictions, Rights-of-Way and Improvements of sight and or record.