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HomeMy WebLinkAbout935726 I ~/j3C¡ Hiokman kndl1tle(9 RECEIVED 12/20/2007 at 2:58 PM RECEIVING # 935726 BOOK: 681 PAGE: 697 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000697 =SINCE 1904= EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter "Agreement") is made and entered into this day of December. 2007 by and between LADEAN CLARK (hereinafter referred to as "First Party"), and DALE S. CLARK ~hereinafterrefened to as "Second Party"), RECITALS: A. First Party is the owner of that certain parcel of real property located in Lincoln COlUIty, Wyoming, incorporation by this reference (hereinafter the "Servient Property"). B. Second Party is the owner of that certain parcel of real property located in Lincoln COlmty, \Vyoming, incorporated by this reference ¡hereinafter the "Dominant Property"). >" '-"'" C. First Party and Second Party wish to provide for an easement of ingress and egress over and across the Servient Property and in tàvor of the Dominant Property set forth herein. NOW. THEREFORE in consideration of the above premises, the mutual covenants and promises hereinafter set f01th and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, First Party and Second Party do hereby agree as tòllows: 1. Grant of Easement. First Party hereby grants Second Party, its transtèree and assigns, a perpetualnon-exc1usive easement and privilege of ingress and egress over and across the Servient Property tòr and in tàvor of the Dominant Property, subject to the following limitations: a. The easement hereby granted shall be ~ tèet in width described in Exhibit" A". b, The easement hereby granted shall not be used by the owners of the Dominant Property ~their successors and assigns) in a manner that will unreasonably intertère with the lawful activities of the owner of the Servient Property or an)' business or other operation conducted upon the Servient Property; and c. The exact comse of the easement hereby granted shall be detenllined from time to time by the owner of the Servient Property, as they may reasonably detern1Íne. consistent with owners' of the Dominant Parcel's intended use. Parking and driveway patterns tÌ'om time to time established upon the Servient Property, rlh 000698 2. Benefit and Binding Effect. The easements covenants and restrictions contained in this Agreement shall run with and bind both the Servient Property and the Dominant Property and be binding upon the properties and their Successors in interest and all parties having or acquiring any right, title or interest in or to any part of the Servient Property or the Dominant Property or in any easement. Any conveyance of easement rights shall also carry all the duties and obligations specified in this Agreement. Each party hereto shall be personally obligated and liable for perfonning its responsibilities and duties hereunder. Conveyance of title to either the Servient Property or Dominant Property shall not affect liability or accrued responsibilities. 3. Attorney's Fees. In the event that any party hereto shall be in default or breach of this Agreement, said party shall be liable to pay all reasonable attorney's fees, court costs and other related collection costs and expenses incurred by the non-defaulting or non-breaching party in prosecuting its rights hereunder. 4. Further Instruments. The parties hereto agree that they will execute any and all other documents or legal instruments that may be necessary or required to carry out and effectuate all of the provisions hereof. ' 5. Waiver. A waiver by any party of any provision hereof, whether in writing or by course of conduct or otherwise, shall be valid only in the instance for which it is given, and shall not be deemed a continuing waiver of said provision, nor shall it be construed as a waiver of any other provision hereof. 6.. Paragraph Headlines. The paragraph headings of this Agreement are inserted only for convenience and in no way define, limit, or describe the scope or intent of this Agreement nor affect its tenus and provisions. 7. Governing Law. This Agreement, and all matters relating hereto, including any matter or dispute arising out of the Agreement, shall be interpreted, governed, and enforced according to the laws of the State of Utah, and the parties hereto consent to the jurisdiction of any appropriate court in the State of Utah to resolve such disputes. 8. Amendments. This Agreement may be amended at any time upon unanimous agreement of the parties hereto, which amendment(s) must be reduced to writing and signed by all parties in order to become effective. 9. Severability. In the event that any provision of this Agreement, or any operation contemplated hereunder, is found by a court of competent jurisdiction to be inconsistent with or contrary to any law, ordinance, or regulation, the latter shall be deemed to control and the Agreement shall be regarded as modified accordingly and, in any event, the remainder of this Agreement shall continue in full force and effect. 10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representative, successors, and assigns. 11. Separate Counterparts. This Agreement is being executed in several identical counterparts, each one of which shall be considered an original and all of which when taken together shall constitute but one instrument. rlh 000699 IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year first written above. ~¡¿.,~- I 1 -, /.tf (1 ",- ~ /..L¿I~ tá~-- LADEAN CLARK (Grantor) ~\L~~ ~~)W DALE S. CLARK (Grantee) INDIVIDUAL ACKNOWLEDGMENT STATE OF WYOMING SS )/J )~;L, (!~~ County of Lincoln On the I c¡ day of December A.D. 2007, personally appeared before me, . LADEAN CLARK the signer of the within instrument, who duly acknowledged to e VALERIE L. JORGENSEN - NOTARY PUBLIC Commission expires: Residing in: STATE OF WYOMING SS ) State of Wyoming County of Lincoln MyC GMENT County of Lincoln ) ,~~ On the /7 day of December A.D.2007, personally appeared before me, DALE S, CLARK County of Lincoln State of Wyoming My CommiSS~~;Ptember 18, 2010 the signer of the within instrument, who duly acknowledged to m.e t Commission expires: Residing in: --~ VALERIE L. JORGENSEN - NOlARY PUBLIC rlh EXHIBIT "A" 000700' rlh rofessional Land Surveyors .ul N, Scherbel 'yo, Registration No, 164 lah Registration No. 1670 aha Registration No, 3990 wad. Registration No, 6605 ;011 II, Scherbel yo, Regislration No, 3889 aha Registration No, 6026 ah Registration No, 372111 ARLOWE II. SCHERBEL yo, Registration No, 5368 Irveyot Scherbel, LTD. lon, Wyoming g Piney, Wyoming ckson, Wyoming ,va Hal Springs, Idaho )ntpelier, Idaho EXHIBIT "A" , DESCRIPTION FOR DALE CLARK DALE CLARK TRACT -ADJUSTED 000701 To-wit-- That part of the SW~SE~ and that part of the SW~ of Section 11, T35N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 194 of Photostatic Records on page 235 and all of that tract of record in Book 588 of Photostatic Records on page 450, described as follows: BEGINNING at the southeast comer of said SW~; thence S89°-52'-49"W, 1326.39 feet, along the south line of said SW~, to the southwest comer of the SE~SW~ of said Section 11, identlcal with the southeast comer of that tract of record in said Office in Book 561 of Photostatic Records on page 398; thence NOoo-02' -12"W, 981.65 feet, along the west line of said SE~SW~, to a southeast point of said tract in Book 588; thence N89°-39' -32"W, 777.60 feet, along the south line of said tract, to a point; thence NOoo-IT-ll"E, 334.99 feet, along a west line of said tract in Book 588, to a northwest comer thereof; thence N89°-58'-41"E, 467.37 feet, along a north line of said tract in Book 588, to a point; thence NOoo-2I ' -29"E, 587.52 feet, along a west line of said tract, to a point; thence NOoo-02'-08"W, 336.49 feet, along said west line, to the southwest point of the LaDean Clark Tract as depicted on that plat of record in said Office as Instrument No. 906091 ; thence N89°-58'-41"E, 304.27 feet, along the south line of said tract, to the southeast point thereof; thence continuing N89°-58'-41"E, 537.62 feet, to a point; thence NOoo-02'-12"W, 396.59 feet, along a line parallel with the west line of the NE~SW~ of said Section 11, to a spike on the north line of said NE~SW~; thence S89°-55' -43"E, 60.0 feet, along said north line, to a spike on the westerly line ofthe East Side Canal Company property, as established this survey; thence southeasterly along said westerly line: S09° -54' -54"E, 113.86 feet, to a point; 813°-56' -43"E,63.13 feet, to a point; 817°-2T-5I"E, 151.12 feet, to a point; SI8°-49'-51"E, 134.51 feet, to a point; S 19° -IT -28"E, 152.03 feet, to a point; 821 0-25'05"E, 76.05 feet, to a point; "Modification in any way of the foregoing description terminates liability of the surveyor" )fessional land Surveyors ul N, Scherbel 10, Regislration No, 164 ,h Regisl,alion No, 1670 Iho Regislralion No, 3990 vada Regislralion No, 6805 011 A, Scherbel '0, Registrelion No, 3889 ho Registration No, 8026 Ih Registration No, 372111 ,RLOWE A, SCHERBEL '0, Registration No, 5366 'Veyor SCherbel, LTD, ,n, Wyoming Piney, Wyoming :kson, Wyoming la Hol Springs, Idaho nlpelie" Idaho DESCRIPTION FOR DALE CLARK , DALE CLARK TRACT-ADJUSTED PAGE TWO S24°-04'-58"E, 70.89 feet, to a point; 000702 S29° -57' -45"E, 77.53 feet, to a point; S36°-15'-28"E, 72.52 feet, to a point; S27°-58'-44"E, 63.53 feet, to a point; S22°-26'-15"E, 136.36 feet, to a point; S28°-51'-59"E, 161.28 feet, to a point; S34°-02'-45"E, 62.66 feet, to a point; S40° -59' -09"E, 79.11 feet, to apoint; S34 ° -33' -57"E, 95.95 feet, to a point; S27°-09'-28"E, 110.65 feet, to a point; SI9°-36'-48"E, 58.97 feet, to a point; SI4°-32'-53"E, 26.74 feet, to a point; SI9°-15'-58"E, 85.33 feet, to a point; S25°-15'-34"E, 71.92 feet, to a point; S32°-31 ' -36"E, 232.54 feet, to a point; S25°-21'-02"E, 53.41 feet, to a point; SI5°-08'-59"E, 107.42 feet, to a point; S29°-06'-07"E, 120.85 feet, to a point; S25°-11 '-25"E, 156.12 feet, to a point; S31°-05'-40"E, 158.87 feet, to a point; S28°-16'-43"E, 140.21 feet, to a point; S33°-44'-49"E, 118.59 feet, to a point on the south line of said SW~SE~, and leave said west offset line; thence N89°-43'-34"W, 534.20 feet, along the south ,line of said SW~SE~, to the CORNER OF BEGINNING; ENCOMPASSING and area of78.50 acres, more or less; the basis of bearing for this survey is the west line of the SW~ of Section 11, T35N Rl19W, Lincoln County, Wyoming, being NOoo-07'-54"W; "Modification in any way of the foregoing description terminates liability of the surveyor" 'rolessional Land Surveyors 'aul N, Scherbel Vyo, Regislralion No, 164 Hah Regisl,alion No. 1670 1aho Regislralion No, 3990 levada Registraüon No, 6805 icoU A Scherbel Vyo, Regisl,alion No, 3889 jaho Reglslralion No, 8026 Itah Regislralion No, 372111 IARLOWE A SCHERBEL Iyo, Registration No, 5368 urveyor Scherbel, LTD. non, Wyoming Ig Piney, Wyoming :!Ickson, Wyoming ava Hot Springs, Idaho lonlpelier, Idaho DESCRIPTION FOR DALE CLARK DALE CLARK TRACT-ADJUSTED PAGE THREE 000703 TOGETHER with that right of ingress and egress and utilities over, under and across the north sixty (60) feet of that tract of record in said Office in Book 561 of Photostatic Records on page 398 as described in easement recorded in said Office in Book 561 of Photostatic Records on page 846; AND TOGETHER with a right of ingress and egress and utilities over, under and across the east sixty (60) feet of the LaDean Clark Tract as depicted on that plat of record in said Office as Instrument No. 906091; SUBJECT to easements of record; AND SUBJECT to an easement for the Etna-Forest County Road 12-112; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "spike" marked by a 3/8" x 12" steel spike, referenced by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT AND EASEMENTS FOR DALE S. CLARK AND JANELLE CLARK WITHIN SWl/4SEl/4 SWl/4 SECTION 11 T35N RI19,~ LINCOLN CO~ OMING", dated 11 April 2007, as revised. ~ i~.. 17 ecember 2007 "Modification in any way of the foregoing description terminates liability of the surveyor"