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,(....) I BOOK: 670 PAGE: 356
JEANNE WAGNER
EASEMENT LINCOLN COUNTY CLERK, KEMMERER, WY
(WITH RELEASE OF PRIOR EASEMENTS)
000356'
Ron Onkes and Jan Onkes, husband and wife, of Bedford, Lincoln County, Wyoming, and
BMJ Homes Inc., a Florida corporation of High Springs, Alachua County, Florida, grantors, for and
in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of
which is acknowledged, grant and convey to
David Scott Bender, a single man, of PO Box 1695, Afton, WY 83110, grantee,
the following described non-exclusive, perpetual right-of-way easement for the following purposes:
1. Purpose of Easement. This easement is for the purpose of providing a perpetual
non-exclusive 2-rod wide right-of-way easement for ingress and egress and all underground utilities
to the property described in Paragraph 3 including the right to install, construct, reconstruct, repair,
replace and maintain a roadway and all unde ground utilities, and including the right to inspect the
easement.
However, this Easement is not for the purpose of providing or creating a public right
of way or access to any public lands.
2. Conditions of this Easement. The conditions of this easement are:
a. Grantee shall not fence the roadway without Grantors' prior, written
consent.
b. Grantee shall be responsible for and pay all costs of constructing and
maintaining the easement.
c. Any and all utilities installed in the easement by Grantee shall be
underground.
d. Grantee shall hold Grantors harmless from any liability, injury,
damage or claim by any person whomsoever using or traveling upon
the easement to Grantor's property, whether or not such use is with
or without the permission, consent or knowledge of the Grantee.
e. This easement shall replace and supersede the following easements
granted by the Grantors in favor of, the property described in
Paragraph 3: (1) that certain 30 foot easement along the South
boundary line of the NE1/4NE1/4NE1/4 of Section 22, T33N, R119W
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000357
of the 6th P.M., Lincoln County, Wyoming, more particularly
described in that Warranty Deed dated August 21, 2003, and
recorded in the office of the Lincoln County Clerk on August 27, 2003,
in Book 532 PR, page 373; and (2) that certain 30 foot easement
along the South boundary line of the NE1/4NE1/4 of Section 22,
T33N, R119Wof the 6th P.M., Lincoln County, Wyoming, more
particularly described in that Corrective Warranty Deed dated March
31, 2005, and recorded in the office of the Lincoln County Clerk on
April 1, 2005, in Book 582, page 129; which easements are hereby
declared to be terminated, null and void and of no further force or
effect.
3. Property Benefited by Easement. This easement is for the benefit of the following
described real property of the grantees in Lincoln County, Wyoming:
NW1/4NE1/4 of Section 22, T33N, R119W of the 6th P.M., Lincoln County,
Wyoming.
4. Description of Easement. The easement is described as follows:
A strip of land thirty (30) feet in width, within the NE1/4NE1/4 of said Section 22,
T33N, R119W, Lincoln County, Wyoming, described as follows:
The south fifteen (15) feet of the N1/2NE1/4NE1/4 of said Section 22; AND
The north fifteen (15) feet of the S1/2NE1/4NE1/4 of said Section 22:
all in accordance with the plat prepared to be filed in the Office of the Clerk of
Lincoln County titled, "RON ONKES AND JAN ONKES PLAT OF FAMILY EXEMPT
TRACTS WITHIN THE N1/2NE1/4 SECTION 22 T33N R119W LINCOLN COUNTY,
WYOMING, dated 3 May 2005, as revised.
5. Binding Effect. The terms and conditions of this easement shall be binding upon
and inure to the benefit of the heirs, successors in 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 such rights may interfere with the purposes of this easement.
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000358
IN WITNESS WHEREOF, we have hereunto set our hands as of the 16th day of August,
2007.
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Ron Onkes
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C:... Jan Onkes
BMJ Homes, Inc.
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
,
The foregoing Easement was acknowledged before me by Ron Onkes and Jan Onkes,
husband and wife, this J.". ¿, day of August, 2007.
Witness my hand and official seal.
My commission expires:
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011
LAURA FAYE JENSEN· NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires May 10, 2011
3
000359
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
On this d:/I:- day of August, 2007, before me personally appeared Michael Buccheri, to
me personally known, who, being by me duly sworn, did say that he is the President of BMJ Homes
Inc., a Florida corporation, described in and which executed the foregoing instrument; that said
instrument was signed in behalf of said corporation by authority of its Board of Directors; and said
Michael Buccheri acknowledged said instrument to be the free act and deed of said corporation.
Given under my hand and notarial seal the day and year first above written in this certificate.
LAURA FAYE JENSEN. NOTARY PUBLIC
County of .
Lincoln State of
Wyoming
My Commission Expires May 10, 2011
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NOTARY PUBLI -,
My commission expires:
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
d
The foregoing Easement was acknowledged before me by David Scott Bender, this al
day of August, 2007.
Witness my hand and official seal.
CHERYL A, JONES - NOTARY PUBUC
County of State of
Lincoln Wyoming
My CommissIon expires Feb. 4, 2009
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My commission exþires:
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