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Home My WebLink About938906 EASEMENT 000274 Max P. Henzi and Maria A. Henzi, husband and wife, of Auburn, 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 Clealon D. Hyde and Elaine Hyde, Trustees of the Clealon D. and Elaine Hyde Family Revocable Trust dated September 18, 1997, of 607 Tom's Canyon Road 131, Auburn, WY 83111, grantees, the following described non-exclusive, perpetual right-of-way easement for the following purposes: 1. Purpose of Easement. This easement is for the purpose of providing a perpetual non-exclusive 3D-foot wide right-of-way easement for ingress and egress and all underground utilities to the property described in Paragraph 3 including the right to install, construct, reconstruct, repair, replace and maintain a roadway and all underground utilities, and including the right to inspect the easement. However, this Easement is not for the purpose of providing or creating a public right of way or access to any public lands. 2. Conditions of this Easement. The conditions of this easement are: b. Grantees shall not fence the easement without Grantors' prior, written consent. Grantees shall be responsible for and pay all costs of constructing and maintaining the easement. Any and all utilities installed in the easement by Grantees shall be underground. Grantees shall hold Grantors harmless from any liability, injury, damage or claim by any person whomsoever using or traveling upon the easement, whether or not such use is with or without the permission, consent or knowledge of the Grantees; excepting, however, any such claim arising from the use of the easement by the Grantors or by persons using the roadway with the express permission of the Grantors. a. '7 ~/ c. d. I t· {.'.,;,;l RECEIVED 5/9/2008 at 4:29 PM RECEIVING # 938906 BOOK: 694 PAGE: 274 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000275 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: All of the NE1/4NE1/4 of Section 34, T33N, R119W, Lincoln County, Wyoming, AND The east twenty-six (26) rods of the SW1/4NE1/4 of said Section 34, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 402 PR, page 768, as more particularly described on the attached "Description for Clealon D. and Elaine Hyde Family Revocable Trust dated 18 September 1997, Clealon Hyde Ranch Tract NO.2." 4. Description of Easement. The easement is described as follows: That part of Lot 1 of the Meadowlark Hill Subdivision of record in the Office of the Clerk of Lincoln County as Plat No. 293-C with Instrument No. 889816 within the NW1/4NE1/4 of Section 34, T33N, R119W, Lincoln County, Wyoming, as more particularly described on the attached "Description for Clealon D. and Elaine Hyde Family Revocable Trust dated 18 September 1997, from Max P. Henzi and Maria A. Henzi Thirty (30) Foot Access and Utility Easement." 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 27th day of February, 2008. ,i~d~ Maria A. Henzi 2 000276 STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing Easement was acknowled~7d before me by Max P. Henzi, husband and wife, this I'/\, ~ day of (11 t'L-L~ , 2008. - d Witness my hand and official seal. ~~~~"""""', ~¡ LAURA FAYE JENSEN" Na1ARY PlWLlC i¡ County of 81ate of :¡; Lincoln V\lyoming '~i~ ~: My Commission Expires M;W "10, 2011 '\~~---~ _ .....1'f_~~1 Henzi and Maria A. My commission expires: ij/¿ .~ /0 / , 3 iL Professlon81land SUfV8yora PøufN. ScherlJel Wyo. Aeglltrallon No. 1&4 Ulah Regi.trallon No. 1670 Idaho Regislrallon No. 3990 Nevada Reglslr.11on No. &605 Scoll A. ScherbeC Wyo. RegislralkJn No. 3889 Idaho RegislraUon No. 8026 Utlh Regislnlllon No. 372111 MARlowe A. SCHERBEt. Wyo, R.gIs~.1Ion No, 5368 Survoyor Schelbtl,LTO, Allon, Wyoming B~ p"",, Wyomln9 Jackson. Wyoming l..,. HoI Springs. Idaho MontpeØ.t, Idaho DESCRIPTION FOR CLEALON D. AND ELAINE HYDE FAMILY REVOCABLE TRUST, DATED 18 SEPTEMBER 1997 CLEALON HYDE RANCH TRACT NO.2 To-wit: - - All of the NEY.NEY. of Section 34, T33N R119W, Lincoln County, Wyoming; AND The east twenty-six (26) rods of the SWY.NEY. of said Section 34, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 402 of Photostatic Records on page 768, described as follows: BEGINNING at the northeast corner of said SWY.NEY.; thence N89°-58'-00"W, 428.75 feet, along the north line of said SWY.NEY., to the northeast point of Lot I of Rocky Top Ranch Amended filed in said Office as Instrument No. 933443; thence SOoo-31' -55"W, 1321.68 feet, along the east line of said Lot I and Lot 2 of said subdivision, to the southeast point of said Lot 2 on the south line of said SWY.NEY.; thence S89°-56'-00"E, 427.79 feet, along said south line, to the southeast corner thereof; thence NOoo-34'-24"E, 1321.94 feet, along the east line of said SWY.NEY., to the CORNER OF BEGINNING; ENCOMPASSING a total area of 53.09 acres, more or less; the BASE BEARING for this survey is the north line of the NEv..NEv.. of Section 34, T33N RI 19W, being EAST; TOGETHER with a right of ingress and egress and utilities over, under and across a thirty-(30) foot access and utility easement described as fo]Jows: BEGINNING at the southeast corner of the NWY.NEY-t of said Section 34, identical with the southeast comer of Lot 1 of Meadowlark Hill Subdivision of record in said Office as Instrument No. 889816; thence NOoo-34'-24"E, 42.63 feet, along the east line of said NWY-tNEY., identical with the east line of said Lot I; thence S45°-18'-12"W, 60.57 feet, to a point on the south line of said NWY-tNEY., identical with the south line of said Lot 1; thence S89°-58'-00"E, 42.63 feet, along said south line, to the CORNER OF BEGINNING; each "comer" found as described in the Corner 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 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; 000277 Prolessiof1a1l,nd Surveyors Pøul N. Scherbel Wyo. Reglllrøüon No. 164 Utah RegIIlrøllon No. 1670 Id.ho Regl:slllllon No. 3990 No>8da _"lion No, 6105 Stoll"'. Scherbel Wyo, Regl...""" No, 3889 1_ Reglotrlllon No, 9026 Ulah Reglotrallon No, 372111 MARLOWE" SCHER BEL Wyo, Regb~.1Ion No, 5388 SUl'VI)'Of Scherbel,lTD. AIIon, Wyoming B~ PIney, Wyoming J......., Wyoming llV' Hal. Spring., Idaho Montpelier. Idaho DESCRIPTION FOR 0002',8 CLEALON D. AND ELAINE HYDE FAMILY REVOCABLE TRUST, DATED 18 SEPTEMBER 1997 FROM MAX P. HENZI AND MARIA A HENZI THIRTY (30) FOOT ACCESS AND UTILITY EASEMENT To-wit: - - That part of Lot 1 of the Meadowlark Hill Subdivision of record in the Office of the Clerk of Lincoln County as Plat No. 293-C with Instrument No. 889816 within the NWY4NEY4 of Section 34, T33N R119W, Lincoln County, Wyoming, described as follows: BEGINNING at the southeast comer of said NWY4NEY4, identical with the southeast comer of said Lot I; thence NOOO-34' -24"E, 42.63 feet, along the east line of said NWY4NEY4, identical with the east line of said Lot 1; thence S45°-18'-12"W, 60.57 feet, to a point on the south line of said NWY4NEY4, identical with the south line of said Lot 1; thence S89°-5S'-00"E, 42.63 feet, along said south line, to the CORNER OF BEGINNING; the BASE BEARING for this survey is the north line of the NEY4 of Section 34, T33N Rl19W, being EAST; 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/S" 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, "CLEALON D. AND ELAINE HYDE FAMILY REVOCABLE TRUST, DATED IS SEPTEMBER 1997 PLAT OF TRACTS WITHIN THE NEY4NEY4 SWY4NEY4 SECTION 34 T33N R119W L, N COUNTY, WYOMING", dated 24 September 2007 as rev' ed. ~ // ¡} , /./ y/' "Modification in any way of the foregoing description terminates liability of the surveyor"