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MUTUAL RIGHT-OF-WAY EASEMENT
TIDS AGREEMENT made effective on this ¿ay of J ~ L, ¿007, by
and between the following parties:
O. David Gardner Trust, Dated July 15,1999, O. David Gardner and Shirley Ann
Gardner, Trustees, of Afton, Lincoln County, Wyoming; and Aaron L. Merritt, a Single
Person, Grantors, and Aaron L. Merritt, a Single Person, and O. David Gardner Trust,
Dated July 15,1999, O. David Gardner and Shirley Ann Gardner, Trustees, Grantees.
Said Right-of-Way Easement is described as follows:
Beginning at a point 14 rods East of the NW Comer of the NE~NW~ of Section
36, Township 32 North, Range 119 West 6th P,M., Lincoln County, Wyoming,
and running thence East 15 feet; thence South 5 rods; thence West 30 feet;
thence North 5 rods; thence East 15 feet to the point of beginning.
For value given and consideration of promises and agreements the parties agree as
follows:
1. This said Right-of-Way Easement is to be mutually shared by the Grantors
and Grantees, their heirs, successors or assigns;
2. Said Right-of- Way Easement is for the purpose of access, road building,
ingress and egress and buried underground utilities with livestock control and
fencing as necessary;
3. The Parties, heirs, successors and assigns shall not abuse this easement or
obstruct the said described easement in any way that will impair the rights of the
other parties, their heirs, successors or assigns in the use of this easement;.
4. All parties shall have unlimited use of the herein described right-of-way
easement for any use that they feel is appropriate, providing that said use shall not
interfere with any other parties' use of the easement.
5. This easement shall not be considered a public access;
6, Any and all notice provided for in this agreement shall be in writing and
sufficiently given when sent by certified or registered mail to the respective
parties;
7. This agreement shall be governed, construed and enforced in accordance
with the laws of the State of Wyoming;
8. This agreement shall constitute the entire agreement between the parties.'
Any prior understanding or representation of any kind preceding the date of this
agreement shall not be binding on any party except to the extent incorporated into
this agreement;
9. Any modification of this agreement or additional obligation assumed by
any party in connection with the agreement shall be binding only if evidenced in
RECEIVED 6/27/2007 at 9:24 AM
RECEIVING # 930707
BOOK: 663 PAGE: 578
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
MUTUAL RIGHT-OF-WAY EASEMENT
Garner/Merritt
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09.30707 OO(ì<;';J9
writing, signed by the party or an authorized representative of the party. This
agreement shall be binding upon the parties to the extent of all right-of-way
easements of sight or of record, affecting this said easement;
10, The failure of any 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; and
11. Maintenance shall be by private agreement and not required without
consent of any property owner. '
TillS AGREEMENT may be executed in any number of counterparts, anyone of
which may be deemed the original.
Before me, a Notary Public, in and for the above-mention state, did personally
appear Aaron L. MerriJt, and ackno· edged the foregoing Mutual Right-of-Way
Easement on this ~ day of / , 2007.
~~ì~ WMlM
NOTARY PUBLIC ~
My COmmission Expires: ~/.<- ( fLo II
'$
DATED this // --äay of
~~!!tj-
STATE OF WYOMING )
) SSe
COUNTY OF LINCOLN )
NIMMO WlNE.S Notery Public
County of Stele of
Lincoln ¡ng
My Commission ExPlres~ /
STATE OF WYOMING )
) SSe
COUNTY OF LINCOLN )
-
,j ~ ,2007.
Before me, a Notary Public, in and for the above-mention state, did personally
appear O. David Gardner and Shirley Ann Gardner as Trustees of the O. David Gardner
Trust, Dated July 15, 1999, and ac ;wledged the foregoing Mutual Right-of-Way
Easement on this II~ day of ,2007.
.~7Yln~ 'iiø
' NOTARY PUBLIC .,,¡: I.A
My Commission Expires:V'..tv" 7J¡ ~()II
ON NIMMO WlNE.S Notery Public
County of Stale of
Lincoln ¡ng
My Commission expires II
MUTUAL RIGHT-OF-WAY EASEMENT
Garner/Merritt
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