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RECEIVED 9/27/2007 at 12:29 PM
RECEIVING # 933486
BOOK: 673 PAGE: 471 EASEMENT
JEANNE WAGNER 000471
LINCOLN COUNTY CLERK, KEMMERER, WY
Thomas S. Welstad and Lee Ann Welstad, Trustees of the Tom and Lee Ann Welstad
Family Trust dated December 1, 2006, of Bedford, Lincoln County, Wyoming, 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
Fields of Gold, LLC, a Wyoming Limited Liability Company, and Aspen Hills
Development, a Wyoming corporation, of 2056 Lincoln County Road 12-123, Bedford, WY 83112,
grantees,
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 60-foot 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 underground 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. It is a common easement for the mutual benefit of Grantors and
Grantees and their respective lands.
b. Grantees shall not fence the easement without Grantors' prior written
consent.
c. . Grantees shall be responsible for and pay all costs of constructing
and maintaining the easement.
d. Any and all utilities installed in the easement by Grantees shall be
underground.
e. Grantees shall hold Grantors harmless from any liability, injury,
damage or claim by any person whomsoever using or traveling upon
the roadway, whether or not such use is with or without the
permission, consent or knowledge of the Grantees; excepting,
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however, any such claim arising from the use of the roadway by the
Grantors or by persons using the roadway with the express
permission of the Grantors, to include any such use pursuant to the
grant of a subsequent easement by the Grantors. 000472
3. Property Benefited by Easement. This easement is for the benefit of the following
described real property of the grantees in Lincoln County, Wyoming:
NE1/4, NE1/4SE1/4, and GLO Lots 1 and 2, of Section 3, T33N, R118W of the 6th
P.M., Lincoln County, Wyoming.
LESS and EXCEPT any land contained in Quit Claim Deed recorded November 13,
1985, in Book 233 PR on page 105 of the records of the Lincoln County Clerk.
4. Description of Easement. The easement is described as follows:
A strip of land sixty (60) feet in width within the SW1/4NE1/4 of Section 3, T33N,
R118W, Lincoln County, Wyoming, described as follows:
All of South Haystack, a sixty (60) foot access and utilities easement, lying and
being situate within those tracts of record in the Office of the Clerk of Lincoln
County in Book 655 of Photostatic Records on page 155 and in Book 655 of
Photostatic Records on page 169 as depicted on that plat to be filed in said
Office, titled "SUTER'S CANYON SUBDIVISION WITHIN THE S1/2NE1/4
NE1/4SE1/4 SECTION 3 T33N R118W LINCOLN COUNTY, WYOMING", dated
24 April 2007, 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.
IN WITNESS WHEREOF, we have hereunto set our hands as of the 24th day of
September, 2007.
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Thomas S. Welstad, Trustee
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Lee Ann Welstad, Trustee
000473
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
On this 24 day of September, 2007, before me personally appeared Thomas S.
Welstad and Lee Ann Welstad to me personally known, who, being by me duly sworn and put upon
their oath, did say that they are the trustees of the Tom and Lee Ann Welstad Family Trust dated
December 1, 2006, 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.
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NOTARY PUBLIC
My commission expires: mn 0 (01 Wll
NANALE EKO PAUL· NOTARY PUBLIC
County 01 State of
Lincoln Wyoming
My Commission Expires May 10, 2011
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