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HomeMy WebLinkAbout941465 Easement Ross L. Johnson and Thelma Johnson, of Auburn, Lincoln County, Wyoming, grantors, ûOô75? for valuable consideration, in hand paid, receipt of which is acknowledged, grant and convey to Steven K. Whiteside and Shauna J. Whiteside, Trustees of the Steven K. and Shauna J. Whiteside Family Trust dated December 21,2004 of628 Worton Lane, Auburn Wyoming, 83111, and Eugene K. Worton, Trustee of the Worton Family dated May 10, 1995, of244 Tom's Canyon Auburn, Lincoln County, Wyoming, grantees, the following described perpetual right-of-way easement for the following purposes: 1. Purpose of Easement. This easement is for the purpose of providing a perpetual, nonexclusive four-rod wide right of way easement for ingress and egress and all utilities to the property described in paragraph 3 below, including the right to construct and maintain a roadway to provide that ingress and egress and for all utilities. 2. Conditions of this Easement. The conditions of this easement are: a. It is a common, nonexclusive easement for the mutual benefit of all Grantees and their respective lands. b. The easement may not be fenced by any of the Grantees without the prior written consent of the Grantor(s) over whose land that portion of the easement is located that Grantee(s) may desire to fence. c. Grantors have no duty to construct, operate or maintain any roadway or underground utilities constructed in the described easement. Those landowner(s) who develop or use the easement for ingress and egress or utilities are responsible for the cost of construction of any road or utilities and the cost of the subsequent operation and maintenance of such improvements. d. Grantees, their heirs and assigns, hereby waive any and all claims that they may have at the present or in the future against Grantors related to the Grantees' use, operation, or maintenance of the herein described easement. By accepting, or allowing any third parties to use the herein described easement, Grantees asswne the risk of any and all damage including property or personal damage. 3. Property Benefited by Easement: This easement is for the benefit of the following described real property of the grantees: Steven K. and Shauna J. Whiteside Trustees of the Steven K. and Shauna J. Whiteside Family Trust dated December 21. 2004 of 628 Worton Lane. Auburn. Wyoming 83111. Lots 1,2,3, and 4 of Section 28, T34, R119W of the 6th P,M., Lincoln County, Wyoming and The following real property in T7S, R46E, B.M., Caribou County, Idaho El/2NWl/4 in Section 11 Sl/2SWl/4, El/2NEl/4SWl/4, and Lots 3 and 4 in Section 11. Wl/2 and Lots 1,2,3, and 4 in Section 14. RECEIVED 8/21/2008 at 10:25 AM RECEIVING # 941465 BOOK: 702 PAGE: 757 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Eugene K. Worton. Trustee of the Worton Family Trust dated May 10. 1995. The following real property in T7S, R46E, B.M., Caribou County, Idaho E1/2E1/2 and SW1/4SE1/4 in Section 10. W1/2NW1/4, NW1I4SW1/4, and W1/2NE1I4SW1/4 of Section 11. 00&758 4. Description of Easement: The South four (4) rods of Section 22, T33N, R119W of the 6th P.M., Lincoln County, Wyoming, 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, grantors have hereunto set their hands as of this 7 day of 1\-«-<:1 ~~-f , 2008. JÚ~/~:i:Ar~~ø~J Thelma John n STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing Easement was acknowledged before me by Ross L. Johnson and Thelma Johnson, this 1 day of 3;;] fll. 1-- , 2008. Witness my hand and official seal. JARED B. GLEUE - NOTARY PUBLIC COUNTY OF &\ STATEOF LINCOLN _ WYOMING MY COMMISSION EXPIRES OCT. 24, 2008 My commission expires: ~ 13. c& No' Public If) 12'1/1 Ðð'( I