HomeMy WebLinkAbout937751
EASEMENT AGREEMENT
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Agreement made, effective as of the ~ day of February, 2008, by and between
Russell H. Juillerat and Zara H. Juillerat, of Bedford, Wyoming, Central Bank Custodian
FBO: Kenneth K. Parkinson IRA #20985, of Utah County, Utah, GRANTOR; and Gaylon
G. Heiner and Kristi G. Heiner, of Bedford, Wyoming, Lloyd S. Heiner Revocable Trust,
Lloyd S. Heiner, Trustee, of Bedford, Wyoming, Timothy Parker Shea Living Trust,
Timothy Parker Shea, Trustee, and James V. Peterson and Sherrie L. Peterson, of
Bedford, Wyoming, GRANTEE.
RECITALS
The parties recite and declare:
A. The parties have an interest in adjoining real estate in Lincoln County, State of
Wyoming, and described, respectively, as follows:
(1) Russell H. Juillerat and Zara Juillerat, Grantor:
(BURDENED PROPERTY)
El/2 SWl/4 SWl/4 of Section 2, T33N, R118W, Lincoln County, Wyoming.
And
(2) Central Bank Custodian FBO: Kenneth K. Parkinson IRA #20985, Grantor;
(BURDENED PROPERTY)
Lot 2, Dry Canyon Estates, a subdivision within the W 1/2 SW 1/4 SW 1/4
of Section 2, T33N, R118W, Lincoln County, Wyoming.
(3) Gaylon G. Heiner and Kristi G. Heiner, Grantee;
(BENEFITTED PROPERTY)
Lot 101 of Pine View Airpark, A subdivision of record in the Office of the
Clerk of Lincoln County as Instrument No. 934387.
And
(4) Lloyd S. Heiner Revocable Trust, Lloyd S. Heiner, Trustee, Grantee:
RECEIVED 3/24/2008 at 11 :02 AM
RECEIVING # 937751
BOOK: 690 PAGE: 206
JEANNE WAGNER
Easement, Page 1 of 8 LINCOLN COUNTY CLERK, KEMMERER, WY
(BENEFITTED PROPERTY)
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Lot 102 of Pine View Airpark, A subdivision of record in the Office of the
Clerk of Lincoln County as Instrument No. 934387.
Lot 104 of Pine View Airpark, A subdivision of record in the Office of the
Clerk of Lincoln County as Instrument No. 934387.
And
(5) Timothy Parker Shea Living Trust, Timothy Parker Shea, Trustee, Grantee;
(BENEFITTED PROPERTY)
Lot 1, Dry Canyon Estates, a subdivision within the W1/2 SW 1/4 SW 1/4
of Section 2, T33N, R118W, Lincoln County, Wyoming.
And
(6) James V. Peterson and Sherrie L. Peterson, Grantee;
(BENEFITTED PROPERTY)
Lot 103 of Pine View Airpark, A Subdivision of record in the
Office of the Clerk of Lincoln County as
Instrument No. 934387.
B. The herein identified parties desire to create a non-exclusive easement for an
underground water line between the above-described adjoining properties, for
the benefit of the properties described in paragraph A(3) - A(6) as well as any
future lots within the Pine View Airpark Subdivision.
DECLARATION OF EASEMENTS
The parties agree as follows:
The undersigned parties, their heirs, successors, and assigns, hereby grant and
convey a perpetual non-exclusive easement for an underground water line in favor of the
properties herein described in paragraphs A(3) - A(6), hereby burdening the properties
described in paragraphs A(l) and A(2) , the perpetual non- exclusive easement being
more particularly described as follows:
Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
Easement, Page 2 of 8
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The South 20 feet ofEl/2 SWl/4 SWl/4 of Section 2, T33N, R1l8W,
Lincoln County, Wyoming.
And
The South 20 feet of Lot 2, Dry Canyon Estates, a subdivision within the
Wl/2 SW 1/4 SW 1/4 of Section 2, T33N, R1l8W, Lincoln County,
Wyoming.
CONSIDERATION
The mutual promises and agreement of the parties, shall serve as sufficient
consideration and payment under this agreement.
EASEMENT NOT TO BE OBSTRUCTED
The parties, their heirs, successors, or assigns, shall not use the easement or
obstruct the herein described easement in any way that will impair the rights of the
other parties, their heirs and assigns in the use of this easement.
USE OF EASEMENT
All parties shall have reasonable unlimited use of the herein described easement
for any use that they feel is appropriate, providing however, that such use shall not
interfere with any other party's use of the easement and subject to the terms and
limitations of this document.
EASEMENT TO RUN WITH LAND
This grant of easement shall run with the land and shall be binding on and shall
inure to the benefit of the parties to this agreement, their respective heirs, successors,
or assigns.
INDEMNITY
Each of the parties agree to indemnify and hold the other harmless from and
against any and all liability for personal injury or property damage when such injury or
damage shall result from, arise out of, or be attributable to any use, maintenance or
repair undertaken by either party.
Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
Easement, Page 3 of 8
C:0(,209
REPAIR AND MAINTENANCE OF EASEMENTS
The easement premises shall be used for an underground water line, and the
easement shall be properly maintained by all users of the water system, in good
condition, for this purpose. When repairs and/or maintenance are necessary, the
grantee may undertake such repairs or maintenance anywhere on the easement
premises. Provided however, that the repairs and/or maintenance shall not interfere,
encroach or damage the adjacent land of the grantor. The cost of any repairs or
maintenance to the water line shall be split equally among the users of the water line.
The grantee will exercise reasonable care in the use of the easement premises so
as not to cause more than normal wear and tear on the easement improvements. Any
damage to the easement premises caused the grantee shall promptly be repaired by the
grantee at his or her sole expense. If the grantee fails to repair any damage to the
easement premises caused by him or her or his or her guests or invitees within 30 days
of receipt of written request from the grantor, the grantor may make the repairs and the
cost of doing so will be the sole responsibility of the grantee. The grantee shall pay to the
grantor his or her costs incurred for the repairs within 30 days from the date of the
repairs. The cost of repairs made by the grantor, being the responsibility of the grantee,
shall accrue interest in the amount of 21% per annum until paid in full. In addition the
costs of the repairs, the grantee shall be responsible for all reasonable attorney fees
incurred by the grantor in enforcing and/or collecting the costs of the repairs.
NOTICES
Any notice provided for or concerning this agreement shall be in writing and be
deemed sufficiently given when sent by certified or registered mail.
GOVERNING LAW
It is agreed that this agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Wyoming.
ENTIRE AGREEMENT
This agreement shall constitute the entire agreement between the parties and any
prior understanding or representation of any kind preceding the date of this agreement
Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
Easement, Page 4 of 8
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shall not be binding upon either party except to the extent incorporated in this
agreement.
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation 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 breech of any of the
terms and conditions of this agreement, shall not be construed as thereafter waiving any
such terms and conditions, but the same shall continue and remain in full force and
affect, as if no such forbearance or waiver had occurred.
WAIVER OF HOMESTEAD RIGHTS
The undersigned parties, being Grantor and Grantee, hereby waive and release
all rights to the described easement under and by virtue of the homestead exemption
laws of the state of Wyoming.
PARAGRAPH HEADINGS
The titles to the paragraphs of this agreement are solely for the convenience of the
parties and shall not be used to explain, modify, simplify, or aid in the interpretation of
the provisions of this agreement.
IN WITNESS WHEREOF, each party to this agreement has caused it to be
executed on the date indicated below the provisions of this agreement.
DATED this 'J tì day of February, 2008.
GRANTORS: ¡¿~ t4 .
./
Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
Easement, Page 5 of 8
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Kenneth K. Parkinson
GRANTEES:
Gaylon G. Heiner and Kristi G. Heiner
Lloyd S. Heiner Revocable Trust,
Lloyd S. Heiner, Trustee
Timothy Parker Shea Living Trust,
Timothy Parker Shea, Trustee
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James V. Peterson and Sherrie L. Peterson
STATE OF WYOMING
COUNTY OF LINCOLN
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)55.
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The foregoing instrument was acknowledged before me by Russel H. Juillerat and Zara
H. Juillerat, who appeared before me and was personally known to me, this day of
February, 2008.
WITNESS my hand and official seal.
NOTARY PUBLIC
My Commission Expires:
Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
Easement, Page 6 of 8
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GRANTEES:
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Lloy . Hemer Revocable Trust,
Lloyd S. Heiner, Trustee
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Timothy Parker Shea Living Trust,
Timothy Parker Shea, Trustee
James V. Peterson and Sherrie L. Peterson
STATE OF WYOMING
COUNTY OF LINCOLN
)
)S5.
)
The foregoing instrument was acknowledged before me by Russel H. Juillerat and Zara
H. Juillerat, who appeared before me and was personally known to me, this ~t:; J]t day of
February, 2008.
WITNESS my hand and official seal.
, '
LAURA FAYE JENSEN· NOT;" . .;; IG
County of I, . (Jt'
Lincoln WYOIïll,;g
My Commission EXPires:lJ4.....'J /t)) )011
Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
My Commission Expires May 10, 20" 1
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Easement, Page 6 of 8
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COUNTY OF
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STATE OF
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NOTARY PUBLIC /
My Commission Expires: ~-/9 '.2f){)?)'
STATE OF WYOMING )
)55.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Gaylon G. Heiner and Kristi
G. Heiner, who appeared before me and was personally known to me, this /5 +k day of
February, 2008.
HEIDI BROWN· NOTARY UC
County of State of
Uncaln Wyoming
My CommissIon Expires August 5, 2009
My Commission Expires: 5, D
official seal.
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N ~RY PUBLIC
STATE OF WYOMING
COUNTY OF LINCOLN
)
)55.
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The foregoing instrument was acknowledged before me by Lloyd S. Heiner Revocable
Trust, Lloyd S. Heiner, Trustee, who appeared before me and was personally known to me, this
15 ..h day of February, 2008.
WITNESS my hand and official seal. !d . ¡( ~
_o.{cL \ ~_
(t _6-" 0 N TARY PUBLIC
My Commission Expires: (l -v:.t.
Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
HEIDI BROWN· NOTARY PUBUO
County of ' State of
Uncaln Wyoming
My CommlMllon Expires August 5, 2009
.
Easement, Page 7 of 8
COUNTY OF LINCOLN
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STATE OF WYOMING
The foregoing instrument was acknowledged before me by Timothy Parker Shea Living
Trust, Timothy Parker Shea, Trustee, who appeared before me and was personally known to me,
this 15"'" day o~ February, 2008.
WITNESS my hand and official seal.
HEIDI BROWN - NOTARY PUBUO
County of State of
Uncaln Wyoming
My Commission expires Aug 2
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NOTARY PUBLIC
STATE OF WYOMING
COUNTY OF LINCOLN
)
)88.
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The foregoing instrument was acknowledged before me by James V. Peterson and
Sherrie L. Peterson, who appeared before me and was personally known to me, this II5-th
day of February, 2008.
WITNESS my hand and official seal.
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NOTARY PUBLIC
My Commission Expires: ð {) {fi
HEIDI BROWN· NOTARY PUBUO
County of State ,of
Uncaln Wyoffilng
My CommissIon expires August 6, 2009
Bowers Law Firm, PC
Post Office Box 1550
Afton, Wyoming 83110
307-885-2266
Easement, Page 8 of 8