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WATER LINE EASEMENT AGREEMENT
000282
WATER L INE EASEMENT AGREEMENT made effective as of the /May of
September, 2007, by and between BRUCE M. DAVIS and BETTY B. DAVIS, husband and
wife, P.O. Box _, Afton, Wyoming 83110, Grantors, and the TOWN OF THAYNE,
WYOMING, a political subdivision of the State of Wyoming, P.O. Box 298, Thayne, Wyoming
83127, Grantee.
RECITALS
RECEIVED 12/17/2007 at 11 :25 AM
RECEIVING # 935604
BOOK: 681 PAGE: 282
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
in Thayne, Lincoln County, State of
Grantors and Grantee recite and declare:
A. That the burdened property is located
Wyoming, and is described more particularly as follow:
Lots 4 and 5, Block 1, Van Noy Park Addition to the Town of Thayne,
Lincoln County, Wyoming, according to that plat filed in the Office of the Lincoln
County Clerk.
B. That the benefited property is the adjacent water lines of the Town of Thayne and
the Thayne water system.
DECLARATION OF EASEMENT
Grantors and Grantee agree as follows:
Grantors, for themselves and their heirs and assigns, hereby grant and convey a perpetual
non-exclusive easement for access to water lines and for access to and operation of water meters
and valves used to supply and control the supply of water from the Town of Thayne to the
buildings located on the property de.scribed in Paragraph A as the Town of Thayne deems
necessary, including but not limited to access to turn on and/or off said valves, hereby burdening
the property described in Paragraph A, the perpetual non-exclusive easement being more
particularly described as follows:
The West eighty-five feet (85') of Lot 4 and the West eighty-five feet (85')
of Lot 5, Block 1, Van Noy Park Addition to the Town of Thayne, Lincoln
County, Wyoming, according to that plat filed in the Office of the Lincoln County
Clerk.
CONSIDERATION
The mutual promises and agreement of Grantor and Grantee shall serve as sufficient
consideration and payment under this Agreement.
WATER LINE EASEMENT AGREEMENT
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EASEMENT NOT TO BE OBSTRUCTED
.: .000283
Grantors and Grantee, for themselves and their heirs, successors, or assigns, agree th'!.t
they shall not use the easement, or obstruct the easement, in any manner that will impair the
rights of the other parties, their heirs, successors, or assigns, to the water lines and valves
described above. Grantors and Grantee acknowledge that portions of said lines and the valves
are inside utility closets located in buildings constructed on the property described in Paragraph
A, and that Grantee shall have access at all times to the inside of said buildings and closets for
the purpose of accessing said lines and valves. Grantee further acknowledges that the location of
the lines and valves within utility closets located in the buildings shall not be considered
obstructions to Grantee's access, and that the buildings themselves shall not be considered
obstructions to Grantee's access as long as Grantee has continuous access to the valves and lines
described herein.
USE OF EASEMENT
Grantors and Grantee shall have reasonable unlimited use of the easement for any and all
uses they deem appropriate, provided, however, that such uses shall not unreasonably interfere
with the other party's uses of the easement, and that such uses shall subject to the terms and
limitations of this Agreement.
EASEMENT TO RUN WITH LAND
The easement shall run with the lands identified herein and shall be binding on and shall
inure to the benefit of Grantor and Grantee, and their heirs, successors, or assigns.
INDEMNITY
Grantors and Grantee hereby agree to indemnify and hold harmless each other from and
against any and all liability for personal injury or property damage when such injury or damage
results from, arises out of, or is attributable to any use, operation, maintenance, or repair the
water lines and valves by the other party.
REPAIR AND MAINTENANCE OF EASEMENTS
Grantors shall be responsible for maintaining and repairing the water lines from
Grantor's property line abutting Moser Street to the buildings and to the lines and valves within
the buildings so that the lines and valves are in good and operable condition and repair. When
repairs and maintenance are necessary, Grantors shall give reasonable notice to Grantee before
commencing to perform such repairs or maintenance. If Grantors fail to properly repair and
maintain said lines and valves as required herein, Grantee may commence such maintenance and
repairs, and Grantors shall be liable to Grantee for the costs thereof. Provided, that nothing
herein shall be deemed to require Grantee to commence maintenance and repairs. Grantee shall
have the right to make capital improvements to the lines and valves; provided, however, that no
such capital improvements shall interfere with, encroach upon, or damage Grantors' adjacent
property.
WATER LINE EASEMENT AGREEMENT
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:'.284
Grantee shall exercise reasonable care in the use of the easement so as not to cause more
than normal wear and tear to Grantors' property. Any damage caused by Grantee or Grantee's
agents to Grantors' property shall promptly be repaired by Grantee at Grantee's sole expense. If
Grantee fails to repair any damage Grantee or Grantee's agents have caused to Grantors'
property with 30 days of receipt of a written request for repairs from Grantors, Grantors may
make the repairs and the cost of doing so will be the sole responsibility of Grantee.
NOTICES
Any notices concerning this Agreement shall be in writing and be deemed sufficiently
given when sent by certified or registered mail to the addresses stated above unless notice is
properly given of a different address.
GOVERNING LAW
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of Wyoming.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Grantors and Grantee, and any
prior understandings or representations of any kind preceding the date of this Agreement shall
not be binding upon either party except to the extent incorporated into this Agreement.
MODIFICATION OF AGREEMENT
Any modification of this Agreement or any additional obligations 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, by the same shall continue and remain in full force and affect, as if no such
forbearance or waiver had occurred.
PARAGRAPH HEADINGS
WAIVER OF HOMESTEAD RIGHTS
Grantors and Grantee hereby waive and release all rights to the easement under and by
virtue of the homestead exemption laws of the State of Wyoming.
The paragraph headings in this Agreement are solely for the convenience of the parties
WATER LINE EASEMENT AGREEMENT
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·000285
and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of
this Agreement.
IN WITNESS WHEREOF, Grantors and Grantee . have caused this Agreement to be
executed on the date indicated below.
GRANTORS:
~ )~, 9~
BRUCE M. DAVIS
ß~·rf)~
BETTY B. AVIS
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The for::f0ing instrument was acknowledged before me by Bruce M. Davis and Betty B.
Davis this .l%!!!'day of September, 2007.
Witness my hand and official seal.
~~~
NOTARVÜBLIC
My Commission expires: 7-IS'-()7
GRANTEE:
TOWN OF THAYNE, WYOMING
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G·-· . (. RY PuBLIC
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. .. STATE OF
COUN' F (~'t~~~,) WYOMING
LINl :OL. ~ 1-/5-() 2 .
~....:.. '}'MI~~~'ON EXPiRES ~ _ ~..:::
BY:~
DON AULLMAN, MAYOR
WATER LINE EASEMENT AGREEMENT
PAGE 4 OF 5
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
"000286
The foregoing instrument was acknowledged before me by Don Aullman, who duly
sworn and under oath, represented that he is the Mayor of the Town of Thayne, Wyoming, that
the foregoing instrument was signed by him for and on behalf of the Town of Thayne pursuant to
authority provided to him as Mayor by the Town Council, and that the foregoing instrument is
the free act and deed of the Town of Thayne, Wyoming, this /y-u'day of September, 2007.
Witness my hand and official seal.
NOTA
My Commission expires: rJ-/S-o'1
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WATER LINE EASEMENT AGREEMENT
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