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EASEMENT AGREEMENT
Agreement made, effective as of August &, 2007, by and betwq2.qa~~air
Hurd and Ellen Hurd, individually as husband and wife, of Lincoln County, Wyoming,
Grantor, and Kevin Hyde and Janice Hyde as trustees for the Kevin D. and Janice F.
Hyde Family Trust, dated 21 June 2001, and R.E. Taylor and Shirley Taylor as trustees
for the R.E. and Shirley Taylor Family Revocable Trust, dated 22 April 1998 of Lincoln
County, Wyoming, Grantees.
RECITALS
The parties recite and declare:
A. The parties have an interest in adjoining real estate in Lincoln County, State of
Wyoming, and described, respectively, as follows:
(1) Jess Blair Hurd and Ellen Hurd, individually as husband and wife:
'I
(Burdene;d Properties)
E1/2NWl/ 4SE1/ 4 of Section 34, T33N R119W, Lincoln
County, Wyoming.
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ill
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(2) Kevin D. And Janice F. Hyde Family Trust, dated 21 June 2001:
(Benefitted Properties)
Sl/ 2NW 1/4 and the west 54 rods of the SW 1/ 4NEl/ 4 of
Section 34, T33N R119W, Lincoln County, Wyoming
I,
B. The herein identified parties desire to create non-exclusive easements for
ingress, egress and underground utilities for the benefit of the properties described in
paragraph A(2).
DECLARATION OF EASEMENT
The parties agre~ as follows:
The undersigned parties, their heirs, successors, and assigns, hereby grant and
convey perpetual non-exclusive easements for ingress, egress, and underground utilities
Bowers Law Firm, P. c.,
P.O. Box 1550
Afton, Wyoming 8311 0
307-885-2266
Page 1 of 6
RECEIVED 8/30/2007 at 9:13 AM
RECEIVING # 932625
BOOK: 670 PAGE: 494
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000495
in favor of the properties herein described in paragraph A(2), hereby burdening the
property described in paragraph A(l), the perpetual non- exclusive easement being more
particularly described as follows:
The west sixty (60) feet of the Ell 2NW II 4SE11 4 of Section 34,
T33N RU9 W, Lincoln County, Wyoming.
CONSIDERATION
The mutual promises and agreement of the parties, shall serve as sufficient
consideration and payment under this agreement. In addition, the Grantee Kevin D.
and Janice F. Hyde Family Trust, dated 21 June 2001 agrees to pay Twenty Thousand
dollars upon the sale of Lot 1 of the Rocky Top Ranch subdivision.
EASEMENT NOT TO BE OBSTRUCTED
The parti~s, their heirs, successors, or assigns, shall not use the easement or
obstruct the herein described easement in any way that will impair the rights of the
other parties, their heirs and assigns in the use of this easement. The parties agree that
they will have reasonable, mutually beneficial access.
USE OF EASEMENT
\
All parties shall have reasonable unlimited use of the herein described easements
for any use that they feel is appropriate, providing however, that such use shall not
interfere with any other party's use of the easement and shall be subject to the terms and
limitations of this document.
EASEMENT TO RUN WITH LAND
This grant of easement shall run with the land and shall be binding on and shall
inure to the benefit of the parties to this agreement, their respective heirs, successors, or
assIgns.
INDEMNITY
Each of the parties agrees to indemnify and hold the other harmless from and
Bowers Law Firm, P.c.,
P.O. Box 1550
Afton, Wyoming 83110
307-885-2266
Page 2 of 6
000496
against any and all liability for personal injury or property damage when such injury or
damage shall result from, arise out of, or be attributable to any use, maintenance or
repair undertaken by either party.
REPAIR AND MAINTENANCE OF EASEMENTS
The easement premises shall be used as a roadway for vehicular traffic and
underground uti~ities, and the easement shall be properly maintained by Grantee, Kevin
D. and Janice F. ,Hyde Family Trust, dated 21 June 2001, or its successors or assigns, in
good condition for this purpose. Grantee, Kevin D. and Janice F. Hyde Family Trust,
dated 21 June 2001, or its successors or assigns agrees at its sole expense to construct a
roadway of its choice over the easement described herein. When repairs and/or
maintenance are necessary, said Grantee shall give reasonable notice to the Grantor and
may undertake such repairs or maintenance anywhere on the easement premises,
provided that the repairs and/ or maintenance shall not interfere, encroach or damage
the adjacent land of the Grantor. The Grantor shall have no responsibility or obligation
to pay for any maintenance, improvements or capital improvements unless agreed on, in
ì
writing, by the Grantor. Any damage to the easement premises caused the Grantee shall
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promptly be repè.ired by the Grantee at his or her sole expense.
In addition, Grantee, Kevin D. and Janice F. Hyde Family Trust, dated 21 June
,
2001, or its successors or assigns agrees that it will construct and maintain a fence along
the easement. The place and type of fence shall be as agreed by the parties.
"
NOTICES
Any notice provided for or concerning this agreement shall be in writing.
GOVERNING LAW
It is agreéd that this agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Wyoming.
Bowers Law Firm, P. c.,
P.O. Box 1550
Afton, Wyoming 8311 0
307-885-2266
Page 3 of 6
ENTIRE AGREEMENT
This agreement shall constitute the entire agreement between the parties and any
prior understan<;iing or representation of any kind preceding the date of this agreement
shall not be binding upon either party except to the extent incorporated in this
agreement.
000497
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by either
party in connection with this agreement shall be binding only if evidenced in writing
signed by each party or an authorized representative of each party.
NO WAIVER
The failure of either party to this agreement to insist upon the performance of any
of the terms and, conditions of this agreement, or the waiver of any breach 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 in full force and
affect, as if no such forbearance or waiver had occurred.
WAIVER OF HOMESTEAD RIGHTS
The undersigned parties, being 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.
PARAGRAPH HEADINGS
The title~ to the paragraphs of this agreement are solely for the convenience of
the parties and ~hall not be used to explain, modify, simplify, or aid in the interpretation
of the ~~~viSion: of this agreemel
III
III
Bowers Law Firm, P.C.,
P.O. Box 1550
Afton, Wyoming 83110
307-885-2266
Page 4 of 6
"
000498
In witness whereof, each party to this agreement has caused it to be executed on
the date indicated below the provisions of this agreement.
DATED this ; ( day pf August, 2007.
GRANTORS:
~w~,
~lair Hurd
~tJMØ
Ellen Hurd
GRANTEES:
X~N: -~. ~
Kevin D. Hyde as Truste for the Kevin
D. and Janice F.!!Hyde Family
Trust, dated 21 June 2001
J n·ceF.HydeasTrust or the
enD. and Janice F. Hyde
ily Trust, dated 21 June 2001
;fI t~1\
R. E. Taylor as Trustee for the R. E.
and Shirley Taylor Family Revocable
Trust
Bowers Law Firm, P.c.,
P.O. Box 1550
Afton, Wyoming 83110
307-885-2266
Page 5 of 6
STATE OF WYOMING
)
) SS.
)
000499
COUNTY OF LINCOLN
The foregoing instr~ent was acknowledged before me by Jess Hurd and Ellen
. . ï day of August, 2007.
HeDI BROWN· NOTARY PUBUC
County of WI S rr8tìtaDfl and
Uncoln Wyoming
:, M~( Commission expires August 5, 2009
·i,~''tJ....~.......,
Jft~· ¡g;~
NOTARY PUBLIC
My commission expires: Õ -5..0?
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Kevin D. HydsPnd Janice F.
Hyde, trustees for the Kevin D. and Janice F. Hyde Family Trust, dated this dL.day of August,
2007·
al.
frlMt,-¿. ~~
f\RYPUBLIC
County of State of
Uncoln Wyoming
My CommissIon Expires August 5, 2009
My commission expires: '0 - ~- 07
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The foregQing instrument was acknowledged before me by R. E. Taylor and Shi,rle,¥
Taylor, trustees for the R. E. and Shirley Taylor Family Revocable Trust, dated th~day of
August, 2007.
VÆJDJ.r~wèuêficial eal.
County of . State of
Uncoln ,Wyoming
My Commission expires August 5, 2009
~,6~
NOTARY PUBLIC
My commission expires: 5 -:5 - c) 9
Bowers Law Firm, P.c.,
P.O. Box 1550
Aflon, Wyoming 8311 0
307-885-2266 Page 6 of 6