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EASEMENT AGREEMENT
This Easement Agreement is made and entered into by and between John E.
Hunsaker and Bonnie M. Hunsaker, husband and wife (hereinafter referred to as
"Hunsaker") of Lincoln County, Wyoming; and Kevin D. Hyde and Janice F. Hyde,
Trustees, of the Kevin D. and Janice F. Hyde Family Trust, dated June 12, 2001
(hereinafter referred to as "Hyde") of Lincoln County, Wyoming, and the Hunsakers and
Hydes also collectively referred to as "Grantors", for and in consideration of Ten Dollars
($10.00) and other valuable consideration, in hand paid, receipt of which is hereby
acknowledged, GRANT AND CONVEY to John E. Hunsaker and Bonnie M. Hunsaker,
husband and wife as tenants by the entireties, of P.O. Box 134, Smoot, Wyoming 83126;
and Kevin D. Hyde and Janice F. Hyde, Trustees of the Kevin D. and Janice F. Hyde
Family Trust, dated June 12, 20010f 1539 Toms Canyon Rd., Auburn, Wyoming 83111,
3 ':: Grantees, the following described perpetual right of way easement for the following
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J' purposes:
1. Purpose of Easement:
This easement is for the purpose of providing a perpetual sixty (60) foot
wide, nonexclusive, right of way easement for ingress and egress and all
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underground utilities to the property described in paragraph three, including
the right to construct and maintain a roadway to provide that ingress and
egress and for all utilities. However, 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 on paragraph three hereof.
2. Conditions of Easement:
The conditions of this easement are as follows;
(a) It is a common easement for the mutual benefit for all Grantees and their
respective lands.
(b) The easement may not be fenced by any of the Grantees without the
prior written consent of the Grantors over whose land that portion of the
easement is located that Grantees desire to fence. Grantees, Hyde and their
successors and assigns will be authorized to install at their expense cattle
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RECEIVED 3/2/2007 at 9:33 AM
RECEIVING # 927264
BOOK: 650 PAGE: 8
JEANNE WAGNER
LINCOLN COUNTY CLERK. K tER. WY
092726t}
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guards at the point where the easement enters and exits the Hunsaker
property.
(c) As to the parties and their respective lands that are involved in this
easement, this easement replaces in full that certain easement as more fully
described in the certain Warranty Deed dated July 26, 2004 as recorded in
Book 563 PR, Page 458 in the office of the Lincoln County Clerk and that
certain easement as identified as reserved in that certain Amortized Sales
Contract dated February 4, 1993 and recorded in Book 325 PR, Page 203
in the office of the Lincoln County Clerk. All of the parties to this agreement
do hereby agree that the easements referred to in this subparagraph shall
be vacated and of no further force and effect and shall be replaced by the
easement granted herein.
(d) The Grantees Hyde and their successors and assigns shall be
responsible for any and all costs of construction and maintenance of a
roadway upon the easement that benefits their property as described herein.
Grantees Hyde and their successor and assigns shall be responsible for
future costs of maintenance that may be associated with said roadway or any
costs associated with the installation of utilities and the Grantees Hunsaker
shall not be responsible for any construction and/or related maintenance cost
of said roadway. In the event Grantees Hunsaker sell their property their
successor or assigns shall be responsible for a pro rata share of the
maintenance or operation of the roadway based upon their usage thereof.
3. Property Benefitted by Easement:
This easement is for the benefit of the following described real property of
the Grantees located in Lincoln County, Wyoming.
A. Hunsaker Property:
NE~, SW~, Section 34,Township 33 North, Range 119 West, 6th
P.M., Lincoln County Wyoming.
B. Hyde Property:
NW~ NW~, S% NW~, and the West 54 rods of SW~ NE~ of
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Section 34,Township 33 North, Range 119 West, 6th P.M., Lincoln
County Wyoming.
4. Description of Easement:
The easement is described as follows:
A Sixty (60) foot wide, nonexclusive, perpetual right-of-way easement for
ingress and egress and all underground utilities from Stump Creek County
Road # 12-133 which easement is generally described as the East Sixty (60)
feet of the NE ;/,¡ SW ;/,¡, Section 34 Township 33 North, Range 119 West,
6th P.M., Lincoln County Wyoming.
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 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 any such rights may interfere with the purposes of this easement.
IN WITNESS WHEREOF, we have set our hands as of the l2.L day of February,
2007.
x,,~ ~ J-If4Jv-
Kevin D. Hyde, Trust e
Kevin D. & Janice F. Hyde., Family Trust
(led June 12: 20
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THE STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
3
03~7Z6{t
000011
The above and foregoing instrument was acknowledged before me by John E.
Hunsaker, this h'\- day of February, 2007.
County 01
Lincoln
State 01
Wyoming
WITNESS my hand and official seal.
BECKY BARBER· NOTARY PUBLIC
My Commission Expires August 31, 2010
THE STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
The above and foregoing instrument was acknowledged before me by Bonnie M.
Hunsaker, this \<s\- day of February, 2007.
County 01
Lincoln
State of
Wyoming
WITNESS my hand and official seal
BECKY BARBER· NOTARY PUBLIC
My Commission Expires August 31, 2010
THE STATE OF WYOMING )
)S5.
COUNTY OF LINCOLN )
The above and foregoing instrument was acknowledged before me by Kevin 0 Hyde
and Janice F. Hyde as Trustees of the Kevin D. and Janice F. Hyde Family Trust, dated
June 12,2001 this ~ day of February, 2007.
WITNESS my hand and official s~~ ~
~~ UCV\\F£1ì
Notary Public
BECKY BARBER· NOTARY PUBLIC
State of
Wyoming
County of
Lincoln
My Commission Expires August 31, 2010
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