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Home My WebLink About935504 601071620ì ACCESS AND UTILITY EASEMENT 000836 The Ronald Dabel Revocable Trust, dated July 12, 2000, Roxie D. Bird, Trustee and Kelly A. Johnson and Celia A. Johnson, husband and wife, Grantors, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, GRANT AND CONVEY to The Ronald Cabel Revocable Trust, dated July 12, 2000, Roxie C. Bird, Trustee and Kelly A. Johnson and Celia A. Johnson, husband and wife, as tenants by the entireties; of 76219 U.S. Hwy 89, Afton, WY 83110, Grantees, the following described perpetual access right-of-way and utility easement for the following purposes: 1. PURPOSE OF EASEMENT. This easement is for the purpose of providing a perpetual right-of-way, access and utility easement for ingress, egress, and all utilities to the properties described in paragraph 3, including the right to construct and maintain a roadway to provide that ingress and egress and for all utilities. This easement is not for the purpose of providing or creating a public right-of-way or access to any other lands other than those described in paragraph 3 hereof. ",OJ 2. CONDITIONS OF THIS EASEMENT. The conditions of this easement aFe-~ a. It is a common easement for the mutual benefit of all Grantors and ,Grantees, their successors and assigns and their respective lands as described in paragraph 3 hereof. b. All Grantees and their successors and assigns shall be mutually responsible for any and all cost of maintenance of a road upon the easement that benefits their respective property based upon their respective usage of the road. Each of them agrees to pay their reasonable and fair share of such maintenance annually or at such other time as all of them agree. If any of them fails to pay their reasonable and fair share, one or more of the others 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's fees and costs in addition to any other relief granted. RECEIVED 12/11/2007 at 10:31 AM RECEIVING # 935504 BOOK: 680 PAGE: 836 JEANNE WAGNER LINCOLN COUNty CLERK, KEMMERER, WY 3. 000837 PROPERTY BENEFITTED BY EASEMENT. This easement is for the benefit of the following described real property of the Grantees located in Lincoln County, Wyoming: T30N, R118W, 6th P.M., Lincoln County, Wyoming Section 5, NW%SE%; SE%SE%; SE%SW% and the SW%SE% Section 8, NE% 4. DESCRIPTION OF EASEMENT. The easement is described as follows: a. Easement from the Ronald Dabel Revocable Trust, dated, July 12, 2000; A sixty foot wide right-of-way and easement for all road, utility and storm drainage purposes (but not conveying fee title), the centerline of which is described as follows: Beginning at a point North 89°08'54" West 1610.186 feet along the north line of the Southeast Quarter of Section 5 and North 00°51'06" East 1.738 feet from the East Quarter Corner of said Section 5, Township 30 North, Range 118 West, 6th Principal Meridian, Lincoln County, Wyoming and running thence along the centerline of a proposed sixty foot wide road for the following four courses: 1. South 00°51'06" West 317.817 feet, 2. Southwesterly 199.258 feet along a 1020.000 foot radius curve to the right (delta = 11 °11 '34" and long chord bears South 06°26'53" West 198.941 feet), 3. South 12°02'40" West 722.315 feet, and 4. Southwesterly 84.532 feet along a 500.000 foot radius curve to the right (delta = 09°41 '12" and long chord bears South 16°53'16" West 84.431 feet) to the northerly line of the Kelly A. Johnson and Celia A. Johnson property recorded March 7, 1985 as document number 631550 on Book 224PR Page 438 of the Lincoln County Clerk's office and point of ending of this easement; and with both sides of said easement terminating on said northerly line of said Johnson property; and with the both sides of said easement beginning on the centerline of Cottonwood Creek County Road No. 12-153 as it is shown on the plat of LAKE ROAD SUBDIVISION, filed June 11, 1985 as document number 636691 (map number 315) of the Lincoln County Clerk's Office. Said East Quarter Corner of Section 5 bears North 54°49'50" East 2217.014 feet from said point of ending; all in accordance with the record of survey map (drawing no. 434-DABEL-TRUST- S5&8-30N-118W-6PM-WY.dwg by RICHARDSON SURVEYING, INe.) to be filed in the Lincoln County Clerk's Office. b. Easement from Kelly A. Johnson and Celia A. Johnson, husband and wife; RIGHT-OF- WAY AND EASEMENT FROM KELLY A, JOHNSON, ET AL: A sixty foot wide right-of-way and easement for all road, utility and stonn drainage purposes (but not conveying fee title), the centerline of which is described as follows: 000838 BeginIÙng at a point on the northerly line of the Kelly A. Johnson and Celia A. Johnson property recorded March 7, 1985 as document number 631550 on Book 224PR Page 438 of the Lincoln County Clerk's office said point of beginning also being North 89°08'54 " West 1610.186 feet along the north line of the Southeast Quarter of Section 5 and North 00°51'06" East 1.738 feet and South 00°51'06" West 317.817 feet and Southwesterly 199.258 feet along a 1020.000 foot radius curve to the right (delta = II °ll'34" and long chord bears South 06°26'53" West 198.941 feet) and South 12°02'40" West 722.315 feet and Southwesterly 84.532 feet along a 500.000 foot radius curve to the right (delta = 09°41'12" and long chord bears South 16°53'16" West 84.431 feet) from the East Quarter Comer of said Section 5, Township 30 North, Range 118 West, 61b Principal Meridian, Lincoln County, Wyoming and running thence along the centerline of said sixty foot wide easement for the following eight courses: I. Southwesterly 50.125 feet along last said 500.000 foot radius curve to the right (delta = 05°44'38" and long chord bears South 24°36'11" West 50.104 feet), 2. South 27°28'30" West 103.597 feet, 3. Southwesterly 269.021 feet along a 450.000 foot radius curve to the left (delta = 34°15'10" and long chord bears South 10°20'55" West 265.032 feet), 4. South 06°46'40" East 482.596 feet, 5. Southeasterly 414.050 feet along a 1320.000 foot radius curve to the left (delta = 17°58'20" and long chord bears South 15°45'50" East 412.355 feet), 6. South 24°45'00" East 344.491 feet, . 7. Southeasterly 314.159 feet along a 600.000 foot radius curve to the left (delta = 30°00'00" and long chord bears South 39°45'00" East 310.583 feet), and 8. South 54°45'00" East 110.289 feet to the easterly line of said Johnson property and point of ending of this easement; with both sides of said easement beginning at said northerly line of said Johnson property and tenninating at said easterly line of said Johnson property. Said East Quarter Comer of Section 5 beaFs· North 22°43'S6" East 3433237 feet tfern saie point of .enGing;- all in accordance with the record of survey map (drawing no. 434-DABEL-TRUST- S5&8-30N-118W-6PM-WY.dwg by RICHARDSON SURVEYING, INC.) to be filed in the Lincoln County Clerk's Office. 5. BINDING EFFECT. The terms and conditions of this easement shall be binding upon and enure 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 this _ day of November, 2007. GRANTOR and GRANTEE: The Ronald Dabel Revocable Trust, dated July 12, 2000, Roxie D. Bird, Trustee, -"~i?' LSvuL Roxie . Bird, T ustee 000839 STATE OF UTAH COUNTY OF J/ú\V\ ç ) )55. ) The foregoing instrument was acknowledged before me by Roxie D. Bird, Trustee, of the Ronald Dabel Revocable Trust, dated July 12,2000, this ~ay of November, 2007. WITNESS my hand and official seal. ~~ --- .--/ GRANTOR and GRANTEE: ~~ Kelly A. tinso ~:~L~~~ la A. Johnson STATE OF WYOMING ) )55. COUNTY OF LINCOLN ) The foregoing instrument was acknowledged .Þ.efore me by Kelly A. Johnson and Cella A. Johnson, husband and wife, this &7ay of November, 2007. WITNESS my hand and official seal. ROGERJ. COUi$ COUNTY OF LINCOLN #I.' . NOTARY PI:SLlè . STATE OF WYOMING MY COMMISSION EXPIRES JANUARY 29, 2008 ~Á~ Notary Pu c ~ DabeVJohnson Easement Page4