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Home My WebLink About939430 ·000108 AGREEMENT AND UNDERGROUND UTILITY EASEMENT THIS AGREEMENT made between The Max West Trust, Dated October 1,1998 Terri Webb, Trustee, of Afton, Wyoming, (hereinafter called GRANTOR), and R&T Investments, LLC, of Afton, Wyoming (herein after called GRANTEE). The parties agree as follows: RECITALS The GRANTEE and GRANTOR own certain real property located within the Town of Afton, County of Lincoln, State of Wyoming. The GRANTEE desires to receive a ten (10) foot underground utility easement across the real property owned by the G RANTO R. The GRANTOR, in exchange for granting the utility easement to the GRANTEE desires to receive a one (1) inch waterline with an installed frost-free water hydrant to be located near the end of the herein described easement. In addition, the GRANTOR desires to receive the use of an underground sleeve conduit for the installation of sewer lines under Lincoln Avenue, located in Afton, Wyoming. The parties desire to enter into an agreement for the easement and items set forth above. SECTION ONE AGREEMENT OF PARTIES 1- The GRANTORS hereby agree to grant to the GRANTEES a ten (10) foot non- exclusive underground utility easement across their herein described real property. In return, the GRANTEES specifically agree to provide a one (1) inch waterline with a frost-free hydrant near the end of the easement at a location designated by the GRANTOR. In addition, the GRANTEES agree to provide access to an underground sleeve for the installation of sewer lines under Lincoln Avenue, located in the Town of Afton, County of Lincoln, State of Wyoming. The easement and those items described in this paragraph, in addition to the mutual promises of the parties, shall serve as consideration for this agreement and easement. i SECTION TWO IDENTIFICATION OF BURDENDED AND BENIFITED PROPERTY I I I The real property owned by the GRANTOR, whose property shall be burdened by the underground utility easement is described in Book 419, Page 171 of the official records of the Lincoln County Clerk fo~ the County of Lincoln, State of Wyoming and in the attached Exhibit A, attached hereto and made part of this document by reference and incorporation. PAGE 1 oF6 BOWERS LAW FIRM, PC RECEIVED 61212008 at 11 :45 AM RECEIVING # 939430 BOOK: 696 PAGE: 108 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000109 The real property owned by the GRANTEE, which shall be benefited by the underground utility easement is described in Book 648, Page 114 of the official records of the Lincoln County Clerk for the County of Lincoln, State of Wyoming and in the attached Exhibit B, attached hereto and made part of this document by reference and incorporation. SECTION THREE CONVEYANCE OF EASEMENT In consideration of the easement and those items set forth above, another valuable consideration to them paid, GRANTORS hereby grant and convey to the GRANTEES, its successors and assigns forever, a non-exclusive easement for the construction, repair, maintenance, operation, and inspection of underground utilities, lines and appurtenances, the location of said easement being described as follows: Beginning at the intersection of Lincoln Avenue and the Southwest corner of that real property described in Exhibit A and running thence East 165 feet; thence in a Northerly direction for ten (10) feet; thence West 165 feet to Lincoln Avenue; thence South ten (10) feet to the point of beginning. The South line of this described easement, being the same as the South property line of the GRANTOR'S herein described property. A visual description of this described easement is attached hereto as Exhibit C for reference and convenience. SECTION FOUR CONSTRUCTION AND MAINTENANCE The GRANTEE shall have a right-of-way to enter and inspect the underground utilities, line, and appurtenances. SECTION FIVE TITLE OF PARTIES The GRANTORS expressly represent that they are the owners of the described real property and have the legal right to grant to the GRANTEE the easement as described in this Agreement. GRANTEES expressly represent: that they are the owners of their described real property and have the legal right to accept the easement to benefit the real property. PAGE 2 OF 6 BOWERS LAW FIRM, PC SECTION SIX USE OF EASEMENT 000110 Both parties shall have unlimited private and commercial use of the herein described easement for any use that they fee is appropriate, providing however, that Grantee's use shall be that of underground utilities. SECTION SEVEN 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. SECTION EIGHT INDEMNITY Each of the parties agrees 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. SECTION NINE 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 if sent to the respective address of each party as set forth at the beginning of this agreement. SECTION TEN 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. SECTION ELEVEN 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 shall not be binding upon either party except to the extent incorporated in this agreement. SECTION TWELVE MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either PAGE30F6 BOWERS LA W FIRM, PC 00011.1. 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. SECTION THIRTEEN 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 effect, as if no such forbearance or waiver had occurred. SECTION FOURTEEN 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. '-;( fì-+-Ý\ DATED this .uLL- day of May, 2008. GRANTOR: Max West Trust, Dated October 1,1998 ~' ~leß! Te . ri Webb, Trustee of the Max West Trust, Dated October 1, 1998 ----- PAGE 4 OF 6 BOWERS LAW FIRM, PC 00011.2 GRANTEE: R&T Investments #~ Hal Titensor, Managing Member á/ ~ {f2--x- David Rich, MiJ D;"~Member II II PAGE 5 OF 6 BOWERS LAW FIRM, PC 000113 STATE OF WYOMING ) ) SS. ) COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Terri Webb, being personally known to me and after being duly sworn and upon oath represented that she was the Trustee of the Max West Trust, Dated October 1,1998, and that this instrument was signed and sealed on behalf of the Max West Trust, dated October 1,1998, and that she ac~no~ledged that this instrument was the free act and deed of the Trust, dated this 3) 'ft). day of May, 2008. WITNESS my hand and official seal. ,fA HEIDI BROWN· NOTARY PUBUO County of State of Uncoln Wyoming My CommissIon Expires August 5, My Commission Expires: NOTARY PUBLIC STATE OF WYOMING ) ) SS. ) COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by DAVID RICH, and HAL TITENSOR who personally appeared and was personally known to me, and after being duly sworn and upon their oath, represented that they are the managing members of R&T INVESTMENTS, LLC, that the instrument was signed on behalf of R&T INVESTMENTS~ LLC, by the authority of the Members and that they executed the foregoing instrument on behalf of R&T INVESTMENTS, LLC, and ~þat this instrument was the free act and deed of R&T INVESTMENTS, LLC, this a7l - day of May, 2008. WITNESS my hand and official seal. ~JI hMUtc NOTARY PUBLIC My Commission Expires: -Ù --f). ð 9 HEIDI BROWN· NOTARY PUBUO County of . State of Uncoln Wyoming My Commission expIres August 5, 2009 PAGE 6 OF6 BOWERS LAW FIRM, PC EXHIBIT A 000114 GRANTOR'S REAL PROPERTY Located in the County of Lincoln, State of Wyoming, to wit: Commencing eight (8) rods East ofthe Southwest Corner of Lot Two (2) Block Thirty (30), Afton, Wyoming, and running thence East twelve (12) rods; thence I' North ten (10) rods, thence West four rods; thence North forty-five (45) feet; thence West one hundred twelve (112) feet; thence North one hundred twenty (120) feet; thence West twenty (20) feet; thence South twenty (20) rods to the point of beginning. Commencing fourteen (14) rods South of the Northwest corner ofLot two (2); Block thirty (30), Afton, Wyoming and running thence South six (6) rods; thence East eight (8) rods; thence North six (6) rods; thence West eight (8) rods to the place of beginning. , "í I", ¡'I' " "" 1 ':' ~ii,~~~i ;N~hí); :..:,.1 'I EXHIBIT B GRANTEE'S REAL PROPERTY 000:1.15 That piU1 of Lot 3 of BJock 31} of Ute. Orislnll1 Towmlto Dr AftoD within tJle SE1i4SEl'4 of Section Z5, T32N', R119W, IAncoln CDUDtyt Wyomtn¡, bdDI part of nllf !rid of rttötd hi the Office of the Clerk of Unc.oht County tn Book 11 ofPhotostatJç Record. O~ page 187, bOlll1ded a. foJlows; ou ilia "'11ft by the Ðut Iloe of thRt tnd of record hi ttle ~a1d oroce '" rsoo1~ 90 of PhatOltaUc. Rec:ardl 00 pap 911 o It the porth by the north Un. 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