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HomeMy WebLinkAbout941712 .J 3' 0' EASEMENT 000436 Lorene A. Gardner and Ryan Rex Gardner, joint tenants, of Laramie, Albany 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 Paul M. Scherbel and Sarah R. Scherbel, husband and wife, of P.O. Box 791, Afton, WY 83110, and Rockbridge LLC, a Wyoming limited liability company, of PO Box 11, Afton, WY grantee, " 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 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 construct, install, and maintain a roadway and all underground utilities, and including the right to inspect the easement. In addition, Grantee may, in its sole discretion, dedicate the easement to the Town of Afton in connection with any Rockbridge Meadows Addition final plat, and Grantors will cooperate in such dedication including executing such documents as may be deemed necessary by the Town of Afton to successfully accomplish such dedication. 2. Conditions of this Easement. The conditio"ns of this easement are: a. By accepting, constructing or installing a roadway or underground utilities in, using, or providing for or allowing any third parties to use the herein described easement, Grantee assumes the risk of any and all damage including property or personal damage and agrees to indemnify and hold Grantors harmless from any damage, whether property or personal arising from any such activities conducted by Grantee on or in the easement If any third party is injured or damaged in any way related to the use or maintenance of the herein described easement, Grantee agrees to indemnify and hold Grantors harmless therefrom. This indemnification and hold harmless includes the expenses of reasonable attorney fees, court costs, and any damages assessed against Grantors. b. Grantee may not fence the easement without Grantors' prior written consent 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the Grantee in Lincoln County, Wyoming: :, :. Lots 25 and 28 of Rockbridge Meadows First Addition to the Town of Afton as depicted on plat filed as Instrument No. 909983 in the records of the Clerk of Lincoln County. RECEIVED 8/29/2008 at 8:40 AM RECEIVING # 941712 BOOK: 703 PAGE: 436 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY AND /~'--".-,r.., ,/). ,I' 000437 Rockbridge Meadows First Addition and Second Additions to the Town of Afton and any and all future additions or phases - within Section 19 and Section 30, T32N R118W, Lincoln County, Wyoming. 4. Description of Easement. The easement is described as follows: That "Saddle Access Easement" being a strip of land thirty (30) feet in width appurtenant to Lots 25 and 28 of Rockbridge Meadows First Addition to the Town of Afton, crossing lands within the SE~NE~ of Section 30, T32N R118W, Lincoln County, Wyoming, as depicted on that plat titled "ROCKBRIDGE MEADOWS FIRST ADDITION TO THE TOWN OF AFTON WITHIN THE SE~ SECTION 19 NE~ SECTION 30 T32N R118W LINCOLN COUNTY, WYOMING", as Instrument No. 909983. .;¡-. 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 ,q ~ day of lk ( P 4'Y\ M-x^ , 2007. . Lorene A Gardner -- Ryan Rex Gardner W~W£~ . Paul M. 8cherbel ~5~ Sarah R. Scherbel '., 1 9 DEC 2007 1 9 DEC 2007 Rockbridge LLC, a Wyoming Limited Liabi 'ty Company By Paul A. Scherbel, President STATE OF WYOMING ss COUNTY OF ALBANY ;¡ ; ~ SHEUëY 8MWU . NOTARY PUIIUC 't:,- (I = 2 ~ PC: Ç'h0 STATE OF ARIZONA 000438 ss COUNTY OF The foregoing instrument was acknowledged before me by Ryan Rex Gardner, this day of , 2007. Witness my hand and official seal. NOTARY PUBLIC My commission expires: STATE OF WYOMING :ss COUNTY OF LINCOLN The foregoing insjr¡Jment wa~nOWledged before me by Paul A. Scherbel as President of Rockbridge LLC, this ---L2=- day of Aj'..e . ,2007. My commission expires: ~~ Witness my hand and official seal. STATC or '^'''Or1ING KINGQOM OF BELGIUM v v I v CITY OF BRUSSELS EM SAS sV OF THE UNITED 58. COUNTY or LINCOLN STATES OF AMERICA The foregoing instrument was acknowledged before me by Paul M. Scherbel and Sarah R. Scherbel, this 19 ~ day of J1c (QJY\.i~^ ,2007. Witness my hand and official seal. . ".',\;'" ..; " rJ/J C . NOT^R~IC Colwell C. Whitney Consul of the United States of America . t!:'/~'¡' _,i~,:'" .-~.) . ; - (tQ4hn1i$~ì¿n'exPira~l~~'.' " ' My commission expires:F ~t~;'.~dta.PPliCab ~!~~ '.;,:", ~ ~ ~ .... , . ., ;" ,;- ~. "'- ,,, '~) i\C:", "<ì:.>r i,; .' .,.""" \ .~ :,"" :' Ì)' ....··.,s :: ?' , .' ... .~. '". ;, ¡ This document consists of .....:?... pages, each initialed by the affiantlgranter~ . EASEMENT 00(1439 Lorene A. Gardner and Ryan Rex Gardner, joint tenants, of Laramie, Albany 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 Paul M. Scherbel and Sarah R. Scherbel, husband and wife, of P.O. Box 791, Afton, WY 83110, and Rockbridge LLC, a Wyoming limited liability company, of PO Box 11, Afton, WY grantee, 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 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 construct, install, and maintain a roadway and all underground utilities, and including the right to inspect the easement. In addition, Grantee may, in its sole discretion, dedicate the easement to the Town of Afton in connection with any Rockbridge Meadows Addition final plat, and Grantors will cooperate in such dedication including executing such documents as may be deemed necessary by the Town of Afton to successfully accomplish such dedication. 2. Conditions of this Easement. The conditions of this easement are: a. By accepting, constructing or installing a roadway or underground utilities in, using, or providing for or allowing any third parties to use the herein described easement, Grantee assumes the risk of any and all damage including property or personal damage and agrees to indemnify and hold Grantors harmless from any damage, whether property or personal arising from any such activities conducted by Grantee on or in the easement. If any third party is injured or damaged in any way related to the use or maintenance of the herein described easement, Grantee agrees to indemnify and hold Grantors harmless therefrom. This indemnification and hold harmless includes the expenses of reasonable attorney fees, court costs, and any damages assessed against Grantors. b. Grantee may not fence the easement without Grantors' prior written consent. 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the Grantee in Lincoln County, Wyoming: Lots 25 and 28 of Rockbridge Meadows First Addition to the Town of Afton as depicted on plat filed as Instrument No. 909983 in the records of the Clerk of Lincoln County. AND Rockbridge Meadows First Addition and Second Additions to the Town of Afton and any and all future additions or phases - within Section 19 and Section 30, T32N R118W, Lincoln County, Wyoming. 600440 4. Description of Easement. The easement is described as follows: That "Saddle Access Easement" being a strip of land thirty (30) feet in width appurtenant to Lots 25 and 28 of Rockbridge Meadows First Addition to the Town of Afton, crossing lands within the SE~NE~ of Section 30, T32N R118W, Lincoln County, Wyoming, as depicted on that plat titled "ROCKBRIDGE MEADOWS FIRST ADDITION TO THE TOWN OF AFTON WITHIN THE SE~ SECTION 19 NE~ SECTION 30 T32N R118W LINCOLN COUNTY, WYOMING", as Instrument No. 909983. 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 YVITNESS WHEREOF, we have hereunto set our hands as of the ';).L/. ~J/ ,200~ day of J-tYZ.e~ Q. )j~ Lorene A Gardner ~~µ ,r yan Rex Gardner - Paul M. Scherbel Sarah R. Scherbel Rockbridge LLC, a Wyoming Limited Liability Company By Paul A. Scherbel, President STATE OF WYOMING ss COUNTY OF ALBANY 1-1 The foregoing instrument was acknowledged before me by Lorene A. Gardner, this day of IJ~ ' 2008. ,<' "·':'_··,~~"4"',,,..w..II:",.,,._ ..I."'.~ . -', -1 "0'·,,, r> ) 'C:'''''''l'''"~' ,~..,,,'i PUBUC ~ ['i, f't,'U."J . c· .:r:I-·,~ ~~.:~-'I',..."..};,...n. -tl> ,-~J:'-)\"i' ":" .... ;if County of !( "';>; 8tate of ; ~ Albany";' ';Jyollllna .~ t/J/ J! .. G ., r::', 3 Il=L::~~\I_nc 1 .2006 ~- . 'NO ÄRY PUBLIC Witness my hand and official seal. My commission expires: 2 STATE OF ARIZONA ss 00044:1 COUNTY OF fY(x-ILO pc.. The foregoing instrument was acknowledged before me by Ryan Rex Gardner, this ~dayof .~I\ ,2008. Witness my hand and official seal. My commission expires: ()U J,-¡ ~ NOTARY PUBLIC - L-ÇC 1.9 H :ss I) OFFICIAL SEAL SHAWN SElEWA ' . NOTARY PUBLIC . State of Arlzon i MARICOPA COUNTY /I My Comm. ExpIre. JUly ~9, 2011 . STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Paul A. Scherbel as President of Rockbridge LLC, this day of , 2008. Witness my hand and official seal. NOTARY PUBLIC My commission expires: STATE OF WYOMING ss COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Paul M. Scherbel and Sarah R. Scherbel, this day of ,2007. Witness my hand and official seal. NOTARY PUBLIC My commission expires: 3