HomeMy WebLinkAbout927925
000499
EASEMENT AGREEMENT
Wayne K. Hesson and Karen J. Hesson, husband and wife (hereinafter referred
to as "Hesson") of Lincoln County, Wyoming; Alvin L Robinson and Alice L. Robinson,
Trustees, of the Alvin and Alice Robinson Family Trust dated April 10, 1997,
(hereinafter referred to as "Robinson") and Frank B. Borden and Kittie L. Borden,
Trustees of the Frank B. and Kittie L. Borden Family Trust dated February 19, 1997
(hereinafter referred to as "Borden") of Afton, Lincoln County, Wyoming, hereinafter
referred to as "Grantors",
for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in
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--) hand paid, receipt of which is hereby acknowledged, GRANT AND CONVEY to
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Wayne K. Hesson and Karen J. Hesson, husband and wife of P.O. Box 460, Thayne,
Wyoming 83127; Alvin L. Robinson and Alice L. Robinson, Trustees of the Alvin and
Alice Robinson Family Trust dated April 10, 1 99J:>f P.O. Box 677, Afton, Wyoming
83110; and Anthony Mignano of PO Box 94, Fairview, WY 83119, hereinafter referred
to as "Grantees", their heirs, successors and assigns, the following described perpetual,
nonexclusive right of way easement for the following purposes and on the following
terms and conditions:
1. Purpose of Easement:
RECEIVED 3/28/2007 at 8:34 AM
RECEIVING # 927925
BOOK: 652 PAGE: 499
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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
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092792~
000500
utilities to the properties 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 than those described on paragraph three hereof.
2. Conditions of Easement:
The conditions of this easement are as follows;
(a) It is a common perpetual easement for the mutual benefit of all
Grantees and their respective lands.
(b) The easement shall be surveyed and monumented with monuments
installed so that both the South and North boundaries of said easement
can be located all along the easement. The expense for said survey shall
be paid for by the Grantees Hesson and Robinson, and Borden shall not
be responsible for any such cost.
(c) The easement boundaries after the same are monumented shall be
fenced by the Grantees Hesson and Robinson who shall be responsible
for the installation and subsequent maintenance of said fence which fence
shall be constructed on both the North and South boundaries of the
easement. The parties agree that the location of the fences on the
Northerly and Southerly sides of the easement shall be determined after
the roadway provided for herein is completed and located in such a
manner so as to allow Borden and their heirs, successors and assigns to
be able to use for livestock grazing that portion of the easement not
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0927925 000501
needed for the construction and maintenance of the roadway as well as
snow removal therefrom. It is agreed that the fence may not be located on
the actual Northern and Southern boundaries of said easement and the
usage by Borden or their heirs, successors and assigns shall be
permissive pursuant to this agreement, and the Grantees by allowing such
use do not forfeit any rights they have hereunder.
(d) As to the parties and their respective lands that are involved in this
easement, this easement replaces in full that certain easement as
described and reserved in that certain Warranty Deed dated September 4,
1991 and recorded September 10, 1991, in Book 301 PR Page 3 in the
office of the Lincoln County Clerk.
(e) The Grantees, Hesson and Robinson, their heirs, successors and
assigns, shall be mutually responsible for any and all costs of construction
of the roadway to be constructed upon the easement that benefits their
respective properties. Grantees agree to pay their reasonable and fair
share, based upon property benefited by this easement, of the
maintenance costs associated with the roadway and surrounding fences
annually or at such other time as all of them agree. If any of them fail to
pay their reasonable and fair share, one of more of the others may bring
legal action pursuant to this easement to compel such payment. In any
such legal action the prevailing party may recover their reasonable
attorney's fees and costs in addition to any other relief granted. Borden
shall have no responsibility relating to the construction cost and
3 I
O~27925
000502
maintenance of the roa way, fence and/or the utilities that are installed
therein for the specific enefit of the Grantees.
(f) The exact location of the roadway to be constructed upon the
easement shall be as agreed to between the Grantees based upon the
recommendation of Todd Robinson of T & L Excavation, Inc., who will
construct the roadway.
(g) The roadway to be constructed shall have a travel surface of
approximately 24 feet wide and shall be constructed of gravel and road
base. Unless all Grantees and Borden consent, the roadway shall not be
paved with asphalt, concrete, or any other similar substance.
(h) The parties agree that when the fences provided for herein are
constructed, that a gate at a location determined by Borden shall be
installed by Grantees on the Northerly side of the easement for access
into the Borden property bordering the easement on the North. In addition
a gate shall also be constructed by Grantees on the Southerly side at a
location determined by Borden for access into the property bordering the
easement on the South.
3. Property Benefited by Easement:
This easement is for the benefit of the following described real property of
the Grantees in Lincoln County, Wyoming.
A. Hesson Property:
That property as more fully described on Exhibit A and as more
fully described in that Certain Deed dated August 26, 1991
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0'927925
000503
recorded September 10, 1991 in Book 301 Page 01 in the office of
the Lincoln County Clerk and as set forth in Exhibit A a copy of
which is attached hereto and by this reference made a part hereof.
B. Mignano Property:
That property as more fully described in that Certain Deed recorded
in Book 573 Page 345 in the office of the Lincoln County Clerk.
C. Robinson Property:
That property as more fully described on Schedule C attached
hereto and by this reference made a part hereof.
4. Description of Easement:
The easement is described as follows:
The easement shall be identified and described as more fully set forth on
Exhibit B1 and B2, a copy of which are attached hereto marked Exhibit B
and by this reference made a part hereof.
5. Binding Effect:
The terms and conditions of this easement shall be binding upon and inure to the
benefit of the heirs, successors, 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
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0327925 000504
to the extent that any such rights may interfere with the purposes of this
easement.
7. Indemnification:
The Grantees, Hesson, Robinson, and Mignano do hereby indemnify and hold
Borden harmless from any and all liability relating to Grantees' use of the above
described easement and any and all liability, costs or expenses associated with
the costs of construction and maintenance on said easement.
IN WITNESS WHEREOF, we have set our hands as of the 17th day of January,
2007.
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KI tie L. Borden, Trustee
(]g~ ,J.. if~~
Alvin L. Robinson, Tr stee
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~ L. obinson, Trustee
6
03279Z5
00050Š
STATE OF WYOMING
COUNTY OF LINCOLN
)
)ss.
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The above and fore5ing instrument was acknowledged before me by Wayne K. Hesson
and Karen L. Hesson, this \~ day of January, 2007.
WITNESS my hand and official seal.
County of
Lincoln
State of
Wyoming
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Notary ublic
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BECKY BARBER - NOTARY PUBLIC
My Commission Expires August 31, 2010
My commission expires:
STATE OF WYOMING
COUNTY OF LINCOLN
ss
On this 17th day of January, 2007, before me personally appeared Frank B. Borden and
Kittie L. Borden, to me personally known, who, being by me duly sworn and put upon their oath,
did say that they are the trustees of the Frank B. and Kittie L. Borden Family Trust dated
February 19, 1997, described in and which executed the foregoing instrument; that said
instrument was signed and sealed on behalf of said trust; that said trustees had the authority
under the terms of the written trust instrument to execute the instrument on behalf of the trust;
and said trustees acknowledged said instrument to be the free act and deed of said trust.
Given under my hand and notarial seal the day and year first above written in this
certificate.
GERALD l. GOULDING· NOTARY PUBLIC
County of A%\ State of
Uncoln ., Wyoming
My Commisskm Expires May 2, 2007
~~~
. NOTARY PUBLIC
My commission expires: May 2,2007.
7
û927925
STATE OF WYOMING
000506
ss
COUNTY OF LINCOLN
On this -œ day of January, 2007, before me personally appeared Alvin L. Robinson
and Alice L. Robinson, to me personally known, who, being by me duly sworn and put upon
their oath, did say that they are the trustees of the Alvin and Alice Robinson Family Trust dated
~'\ \D, lqqì , described in and which executed the foregoing instrument; that
sai instrument was signed and sealed on behalf of said trust; that said trustees had the
authority under the terms of the written trust instrument to execute the instrument on behalf of
the trust; and said trustees acknowledged said instrument to be the free act and deed of said
trust.
Given under my hand and notarial seal the day and year first above written in this
certificate.
County of
Lincoln
State of
Wyoming
BECKY BARBER· NOTARY PUBLIC
,
M Commission Expires August 31,2010
Ion expires:
~ ) 31 J 10
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CA-
THE STATE OF WY9M!'ING
COUNTY OF Lltæ6LN t A
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)ss.
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The above and foregoing instrument was acknowledged before me by Anthony Mignano,
this ~ay of J.a.nJJ(ry, 2007.
1'11 rc~
WITNESS my hand and official seal.
Nota
My commission expires: J( 0 ~ J.- j j.J.Æ ::¡
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O~27925
NOV. 28. 2ØØ5
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A por~~on of ~h' Nl/2 oi
P.M., Lincoln County,
...... descrl.bod 4,t:J' follows:
åEGINNING ...t . p<>lnl on curve 7 of tt>- cent..r 1il>4o of rood Z:)ß "'I'd
~eo~ur.d ~27'13'E 2229.&1 f..t fr~ l~ South av.rter Corn«r
of .ald ~ll<H' ~. ;'ld pol.nl ",1.0 b.1nQ 131.83' f_l ..10"" U....
~rc of ..ld curv. fr~ t~ pc ther.of, ..1~ curv. h.v1~ . r...diun
of' 289.312 r..t...nd .. t,ot..l ¡.".,th of 209.129 f..t; t./1.nc.
T'unl'1nQ N5ï031'03'~ 3ó.~ fut to ... point near tn. E..t.rly and
of ~ f.nc.; th-fiC. H7&o05·~O·~, .long ..id f.nc.~ 142.97 f~.~ to
.. b.nd in .old fene.; t~nc. H1I2oQ7·11"\ . continuir)ÇI ..10"" uld
r..,.c.., 12~.35 rut: th'J>Ce N30~3'''&'E 23.76 re.t to the .South
~lde of 4 60.00 foot ~ida r~ad; ~henca running .long th. south
BIde of ~~ld Ro.~ Lh. fcllowloQ cour....nd dl.t.ncu.'
H7100~ '35"~ :Zl6.7~ f..t, S70<>08':)S"W 13' .19 f."t .nd H850'4 '31'W
1('6.3!3' hat; thanca running North.rly.and cro..inQ a.id 60~foot.
wide Road..nd t.hmra.ft.ar for.ina tho E..terly line of tho 0"-'
'bO-foot wid" Rood tl,. fo11l>'<ll'o cour..e.. and dl"t"nc".; N002I>'O,,"E
;:6&.25 f.ot, NIOo53'39"W 'i6~73 hot, 'H2:<1049'02'W 2&6.73 f.et And
H~9047'lb'~ 109.56 (a..t to .. fance corn.r pa"t; th..l'co
S69024'32"E' 137&.35 f..t to . point on ~h" cantarlin. of curva ~
h..vlnp It radlu.., af 479.&31 f.at and' bel"" concavo to to. lJo..t, on
.ald Road 238; thence southwo"tarly .lono tha ..rc of ,,~ld curve. 9
through. c..ntnl "nlllo of Z3o~ '4'" an Aro dl"tanc. of 200,038
foot to lh. PC of ".aId curv. 9; thence running S36001'S2'1J,
cantlnuino ..long "aid Road Cfnt6rlina Sð.66· f..t to lhe PT of
curv. a:h.ylno .. r~dlu. af ,950.727 f..t .I'd ~ino concAye to the
SO\.(the.ot; th..nee running southwoo..t;.er!y, alo<IQ ...aid curv.8
thraul1h.... c.ntr..i ..nol. ór 20t052'~!>' ~ arc diat..ne. of .:3~6.455
faet' to. tha PC t,t>-reof; the'~ cant~..ung ·SoI.IlhoHatar ly ..101'0,
.....ld ,canterllne S17oQ<J.'o7"W 19<).31 f.,..t t.o t.1w Pc of first .aid
CUy~~ 7 q.lnl1,cóncav& . t~ t~'Hort~a~t.· 4nd.h&vi~.. r~dlu. of
299.31:? het; t."",ne.. oontln<Jln-g alone nid C'\Jrvo 7 throuoh A,
"..ntra). anola of 11)01..'50' .." Hc dlat.J>C. af 71..101/· f..t to Lh.
polnt of Ooginnlno.
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0927925
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60 FEET WIDE EASEMENT DESCRIPTION
An Easement for ingress and egress and public utilities for permanent use by the
properties set forth in paragraph 3 of this easement and being 60 feet wide and
described below as the Southerly and Easterly lines of said easement:
BEGINNING at a point on a curve in the centerline of crow Creek County Road
12-141, said point being
N26°27'13"E 2229.61 feet from the South Quarter Comer of Section 4, T31N,
R119W, ofthe 6th P.M., Lincoln County, Wyoming, said point also being 131.83
feet NOliherly from the PC, said curve having a radius of289.312 feet and said
point being the begiIming of the Southerly line of said 60 feet wide easement;
thence running N57°31'03" 36.88 feet to the beginning of a fence; thence
N76°05'40"W 142.87 feet; thence N71 °28'37"W 128.28 feet; thence
N71 °04'35"W 218.74 feet; thence S70008'35''W 134.19 feet; thence N85°44'31 "W
168.35 feet to the end of the Southerly line of said 60 feet wide easement.
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000510
0927' ZS
ALIA COMMITMEN~- 1982 - Wy
Commitment No.: FA 14347 0
SCHEDULE C
The land referred to in this commitment is situated in the State of Wyoming, County of Lincoln, and is described as
follows:
A portion of the property as referred to in the Deed recorded in Book
452PR on page 94, with the Office of the Clerk of Lincoln County,
Wyoming within the SE~~ of .Section 4, T31N Rl19W of the 6th P.M.,
Lincoln County, Wyoming, the metes and bounds more particularly
described as follows:
Beginning at the southwest corner of the NE~~ of said Section 4¡
thence N 88°48'1411 E, along the south line of said NE?mW7(, 1320.68
feet to the Marlowe A. Scherbel PLS 5368, 1991 location for the
northwest corner of the SW~E~;
thence S 01°33'0411 W, along the west line of said SW~E7(, 568.82
feet to the northwest corner of the Borden property as referred
to in the Deed recorded in Book 403PR on Page 780, with said
. Office ¡
thence westerly and southeasterly along said Borden deed line the
following: N 88°32'1211 W, 135.21 feet; S 5°14'5611 E, 599.07
feet and S 59°19'07" E, 73.59 feet to a point in the north line
of the Mignano property, as referred to in the deed recorded in
Book 573PR on Page 345, with said Office;
thence northwesterly and southeasterly along said Mignano Deed line
the following: N 87°33'23" W, 50.96 feet¡ N 79°52'34" W, 266.49
feet and S 7°29'29" E, 67.82 feet¡
thence S 89°08'0111 W, parallel with the north line of the SW7( of
Said Section 4, 1018.23 feet to a point in the east line of the
SW7(NW7( of said Section 4¡
thence N 1°38'23" E, along said east line, 1205.82 feet to the
point of beginning.
11/91