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Home My WebLink About873789 l a. It is a common easement for the mutual benefit of all Grantors and Grantees and their respective lands. , 2, Conditions of this Easement. The conditions of this easement are: This Easement is also not for the purpose of providing or creating a public right of way or access to the Bridger National Forest or any other public lands. . However, this Easement is not for the purpose of providing or creating a public right of way or access to a future division, subdivision, plot division, multiple residences or ownership by virtue of a corporation, trust, partnership, limited liability company or any other development of the lands benefited by the easement without the prior written consent of all grantees of this eas~ment. 1. Purpose of Easement. This easement is for the purpose of providing a perpetual 30-foot wide right-of-way easement for ingress and egress and all utilities to the property described in paragraph 3 from the Hillstead Canyon Road that terminates at the east boundary of the Hillstead land, including the right to construct and maintain a roadway to provide that ingress and egress and for all utilities. Blair H. Hillstead as Trustee of the Blair H. Hillstead Revocable Trust dated 6/18/97, and Lynette Hillstead as Trustee of the Lynette Hillstead Revocable Trust, dated 6/18/97, of Fairview,.Lincoln County, Wyoming, and Brian H. Pead and Corlie Ann Pead, Trustees of the Mosiah 4:14 Trust dated November 4, 1994, of Afton, 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 Mack B. Balls and Deon N. Balls, Trustees of the Mack B. Balls Family Revocable Trust dated April 24, 1992, of 3315 Bitter Creek Road, Afton, WY 83110, and Brian H. Pead and Corlie Ann Pead, Trustees of the Mosiah 4:14 Trust dated November 4, 1994, of PO Box 1631 Afton, WY 83110, grantees, the following described perpetual right-of-way easement for the following purposes: ,~ ;:;"." :t,;: j\} (I,~ l!~--" , . " ,; ;~~ ~-'i .; :"''' I ~ "' ,. '. , . I " "_ t ~ ¡"I j'/; L;\~, r::,;~ / \' c: t".; I ;'.¡ G J 1 ('. , ," :' II; ì ~~'I j,', ~J nl n , . ~'i <i', OJ. ':' ~u (.t' (I U.;lü,J EASEMENT BOOK 46~~ PR PAGE~2 6 ~ ;'\ E c:: f:: \f E L) II NC()I...¡'·j ec,! ¡\!TY CLLHI< /ð' rf - - - 0873'789 270 b. The easement may not be fenced by any of the Grantees without the prior written consent of the Grantor(s) over whose land that portion of the easement is located that Grantee(s) desire to fence. c. As to the parties and their respective lands that are involved in this Easement, this Easement replaces in full that certain Easement for Travel Route acknowledged May 20, 1949, and recorded in the office of the Lincoln County Clerk on August 3D, 1949, in Book 7 of Mixed Records, page 399. d. Except as otherwise provided herein, Grantees may only use the described easement for access and utilities to the lands described in paragraph 3 below in the size and shape those lands are currently owned, Except as otherwise provided herein, the described easement may not be used by any grantee for access or utilities as part of any future division, subdivision, plot division, creation of multiple residences or ownership by virtue of common ownership through an association, corporation, trust, partnership, limited liability company or any other entity or any other development of the lands benefited by the easement without the prior written consent of all grantees of this Easement. Provided, however, that the easement may be used for access and utilities to not more than one single family residence on parcels of land of at least 75 acres on each of the properties described in paragraph 3 below. e. Grantors and Grantees are mutually responsible for any and all costs of construction and maintenance of a road upon the easement that benefits their respective property. Each' of them agrees to pay their reasonable and fair share of such construction and maintenance annually or at such other time as all of them agree. In determining I their respective reasonable and fair shares, consideration shall be given to the amount and nature of the use made of the road and the amount and nature of damage to the road resulting from that use. If any of them fails to pay their reasonable and fair share, the parties shall submit the issue to a mediator selected by , their unanimous consent. If the parties cannot agree on a mediator or if mediation fails to resolve the issue, then one or more of the parties 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 fees and costs in addition to any other relief granted. 2 - - - l 3 A strip of land, thirty (30) feet in width within GLO Lot 1 and GLO Lot 2 of Section 34 and the W1/2NW1/4 of Section 35, T31N, R119W, Lincoln County, Wyoming, being fifteen (15) feet each side of the described centerline as more particularly described on the attached "DESCRIPTION FOR HILLSTEAD CANYON ROAD EXTENSION - REVISED". 4. Description of Easement. The easement is described as follows: Brian H. Pead and Corlie Ann Pead Mosiah 4:14 Trust Lot 1 and SE1/4NE1/4 of Section 3, T30N, R119W, 6th P.M.', Lincoln County, Wyoming. Lot 2, Lot 3, Lot 4, W1/2SE1/4 and SW1/4NE1/4 of Section 34, T31 N, R119W, 6th P.M., Lincoln County, Wyoming. Mack B. Balls Family Revocable Trust SW1/4NE1/4, W1/2SE1/4, and Lots 2, 3, and 4 of Section 27; NW1/4NE1/4 and Lot 1 of Section 34, all in T31 N, R119W, 6th P.M., Lincoln County, Wyoming. 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: h. Any person other than grantees, their immediate family members and brothers and sisters, their lessees, or persons actually accompanied by a grantee must have the prior consent of each landowner through whose land he or she desires to travel on the easement. Such person must have such consent each time he or she desires to travel the easement. In the landowner's absence, a designee may be named to give such consent. g. No additional cattle guards shall be constructed or installed on the easement, except that the owner of a permanent residence on property described in paragraph 3 below may install cattle guards at his expense and will be liable for any loss of livestock resulting from any such cattle guards. All persons using the easement shall close all gates opened by them to travel the easement. f. The parties to this easement intend that a road be constructed on the easement that will allow access to all property benefited by the easement in a passenger automobile. However, the initial construction of the road or other improvement of the easement must approved by each landowner on whose land the easement is located. After the road has been built, maintenance of the road may be undertaken without approval of the landowner(s) where the road maintenance is performed. o~r73'789 271 - - - 0873·,89 ')71') {.." t.. 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 21st day of March, 2000. 8~tv~ 7-1. JJ ~jid:t ~x. Blair H. Hillstead, Trustee ~~ Lynette Hlllstead, Trustee Vfte~ ~ ~ Mack B. Balls, Trustee ~77~/ Deon N. Balls', Trustee 4~ VCorlie Pe 6, Tr tee 4 - - - l 5 LAYNA HADERUE- NOTARY PUBUC County of . State of Uncoln Wyoming My CommissIon expires ~,,~~ My commiSSIon expIres; Witness my hand and official seal. owledged before me by Brian H. Pead and Corlie Ann , 200ø.. þ The foregoing Easement was Pead, trustees, this M day of COUNTY OF LINCOLN ss. STATE OF WYOMING My commission expires; _ .___...,. ¡' ~, _~. The foregoing Easement was acknowledged before me by Mack B. Balls and Deon N. Balls, Trustees, this 71# day of Mt).fUr ' 200f' Witness my hand and official seal. LAYNA HADERUE- NOTARY PU8UC County ~ . State ~ Uncoln WyomInø My Commission Expires 2/2812004 ss. STATE OF WYOMING COUNTY OF LINCOLN ) LAYNA HADERUE· NOTARY PUBUQ County of . State of Uncoln W,omInQ My CommIIIIon ExpIrea tfl8I2OO4 ~....,,~---"'-......~..,......~ My commission expires: lIíì~j¡.f)7f}lL, 2()o. 'J . I The foregoing Easement was aC~Wledged before me by .Blair H. Hillstead and Lynette Hillstead, Trustees, this ¿'-f/¡ day of ¡jMjJ/.ìA~ J 2001. Witness my hand and official seal. /) ss. STATE OF WYOMING COUNTY OF LINCOLN "17 ') 1_. ,) ( ~""~·"7J;:':¡U .,c) , ù 1.:1J - .. - 08737S9 Prol.~L.&ndSuIVe~ PluI N. tkhtlMl \¥10. ........ No. 'M _,..,....., No._ UIIh "-e1l..tIiøn No. .,70 "MIa "-8Ißdon No. UOI -..- Wyo. fIIeglatralililn NG. alii _............ lOa -..- w,o. __ No..... __.....LT\>. ......- 110......._ -.- La",. Hot Ipringe. WahJ _.- - ~~ 71\ DESCRIPTION FOR HlLLSTEAD CANYON ROAD EXTENSION - REVISED To-wit:-- A strip of land thirty (30) feet in width within GLO Lot I and GLO Lot 2 (EY3NE!4) of Section 34 and the W~NW!4 of Secti~n 3S, T31N, R1l9W, Lincoln County, Wyoming, being fifteen (1S) feet each s1de of the followmg described centerline: BEGINNING at a position on the east line of said WYzNW!4, SOO°-40' -39"E, 274.69 feet trom the northeast comer thereof; thence coursing, more or less, the centerline of an existing road as follows: S48°-11 '-43"W, 21.30 feet, more or less, to a spike; S41°-S2'-S7"W, 77.23 feet, to a spike: S3so-23'-34"W, 196.81 feet, to a spike; SI4°-0S'-45"W, 126.28 feet, to a spike; S29°-14'-02"W, 178.88 feet, to a spike; S27°-S6'-28"W, 179,26 feet, to a spike; SI4°-38'-27"W, 174.17 feet, to a spike; S08°-2S'-4S"W, 10S.21 feet, to a spike; SI4°-08'-36"W, 128.26 feet, to a spike; S34°-17'-41 "W, 39.11 feet, to a spike; S44°-03'-15"W, 35.25 feet, to a spike: S71 °-46' -37"W, 49,99 feet, to a spike; S74°-S2'-00"W, 172.9S feet, to a spike; S42°-31 '-23"W, 259.49 feet, to a spike; N87°-SS'-43"W, 131.88 feet, to a spike; N65°-20'-49"W, 139.69 feet, to a spike; N33°-47'-19"W, 227.42 feet, to a spike on the west line of said Section 35, SOoo-56'-03"E, 60.88 feet from the northwest comer of the SW!4NW!4 of said Section 3S; continuing, N33°-47'-19"W, 73 feet, more or less, to the TERMINUS OF ACCESS EASEMENT on the north line of said GLO Lot 2; the side lines of the above described easement to be sbortened or Jengthened as necessary to create a continuous and contiguous easement with a minimum width of thirty (30) feet to meet at an angle point intersection with the east line of said WY3NW!4 and the north line of said GLO Lot 2; the BASE BEARING for this survey is the north line of said Section 3S, being S89°-22'-OO"W; "Modification in any way of the foregoing description terminates liability of the surveyor" - - U873783 PfoI...ioMI Land Ikweyon P-" N. Scheibel w,o. "001....... No. '" _~No._ _~No. ,,1G Navadl ....1raIIoI'I No. 1105 ...... ........ Wyo. f\eoIIlratIan Ho.lIa. kSaho ReQilIraÖOfI NtJ. 1021 -.......... w,o. RogioIøIan No. .... SuNI)'CII SGherDilL LTD. .....- I/gp......- -.- Lava HoI SllMuI. løahO _.- -/ DESCRIPTION FOR HlLLSTEAD CANYON ROAD EXTENSION PAGE TWO ') 7· ¡- 'w J each "spike" marked by a 3/8" X 12" steel spike referenced by a 5/8" X 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL L TD APTON WY PLS 5368", with appropriate details, set at the PI of each right-of-way line; each "comer" marked as described on a Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "HILLSTEAD CANYON ROAD EXTENSION PLAT OF EASEMENT WITHIN THE OLO LOT I OLO LOT 2 Y2NE~) SECTION 34 WY2NW~ SECTION 35 T31N R119W ~ £ 0", dated 28 Soptembo< 1999 ""d revi.ed 10 Manili 2000. 10 March 2000 - Revised 7 March 2000 lúllstead.des "Modification in any way of the foregoing description terminates liability of the surveyor" -- -