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HomeMy WebLinkAbout946803 6010917930 EASEMENT AGREEMENT 00&597 This Easement Agreement is made and entered into by and between Alvin l. Robinson and Alice l. Robinson, Trustees, of the Alvin and Alice Robinson Family Trust, (hereinafter referred to as "Robinson's") and Melvin Dean Shoe II and Angela Colleen Shoell, husband and wife, of 83130 U.S. Highway 89, Afton, Wyoming 83110, hereinafter referred to as "Grantors", for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, GRANT AND CONVEY to Alvin L. Robinson and Alice L. Robinson, Trustees of the Alvin and Alice Robinson Family Trust of P.O. Box 677, Afton, Wyoming 83110. Grantees their heirs, successors, and assign 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 sixty (60) foot wide right of way easement for ingress and egress and all utilities to the properties described in paragraph three, including the right to construct and maintain a roadway to provide that ingress and egress and for all utilities. 2. Conditions of Easement The conditions of this easement are as follows: (a) It is a common perpetual easement for the mutual benefit for all Grantees and their respective lands. (b) The easement being more particularly described as follows: Beginning at a point on the North line, of said N Yz S Yz SW 1/4, said point of beginning lying N89° 43'30" E, from the Northwest corner thereof (South one-sixteenth corner) said Northwest corner being a MAG nail in asphalt with reference monuments S88°22'05"W, 59.13 feet and North 77°02'35"E, 40.51 feet, each reference monument being a 3 1/4" brass cap inscribed "Paul N. Scherbel RLS 164" and appropriate details, said point of beginning also lying on the Easterly right of way line of U.s. Highway No.89; thence running East 481.57 feet from the Northwest corner, thence South 60 feet on property line described in Exhibit A, thence Westerly to the Easterly right of way line of u.s. Highway No. 89, thence Northerly 60 feet to Northwest corner, to the POINT OF BEGINNING. (c) The Robinsons, their heirs, successors and assign shaH be mutually responsible for any and all costs of construction of the roadway to be constructed upon the easement that benefits their respective properties. The Grantors, Melvin Dean Shoell and Angela Colleen Shoell, shall have no responsibility relating to the construction cost of the roadway, fence and/or the utilities that are installed therein for the specific benefit of the Grantees. (d) Grantors agree when construction of roadway, fence or utilities are to be installed in described easement right of way any buildings or obstructions can be removed if located in perpetual right of way easement. RECEIVED 4/28/2009 at 2:34 PM RECEIVING # 946803 BOOK: 721 PAGE: 597 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 3. Property Benefitted by Easement: This easement is for the benefit of the following described real property of Grantees in Lincoln County, Wyoming, described as Exhibit "A" attached hereto and by this reference made a part hereof. 4. Binding Effect: The terms and conditions of this easement shall be binding upon and insure to the benefit of the heirs, successors and interest and assigns of the parties named in this instrument. 5. Waiver of Homestead Rights: The Grantors hereby waive and release all rights to described easement under and by virtue of the Homestead Exemption Laws of the State of Wyoming, to the extent that any such rights may interfere with the purposes of this easement. 00&598 - ,¢ ~'\ IN WITNESS WHEREOF, we have set our hands as of the ~of ~./ ûOv599 .2009. ~4J~~~/ Melvin Dean Shoell /M r:c1/bM JX øI/ Ängela Colleen Shoell (JL ). if~ Alvin L. Robinson, Trustee of the Alvin and Alice Robinson Family Trust ~X~ Alice L. Robinson, Trustee of the Alvin and Alice Robinson Family Trust THE STATE OF WYOMING ) )ss. COUNTY OF LINCOLN ) The above and foregoing instrument was a.cknowledged before me by Melvin Dean Shoell and Angela Colleen Shoe II, this .2 c¡ day of ~. 2009. WITNESS my hand and official seal. ~/~'4~ Notary Public COUNTY OF LINCOLN ) )ss. ) ~. < ~ li!":-;\''\",ç»,:1',1~Vt!t¿'f.\"'~r'''·,:,¡r",,, "r·,\..;T':.~~t:o.'_""i~",""~""Ç'·h""'},f. r;:..,",:;,!..~!:~,·{:.:...'= ~.\ (:ìLOFUA 1-<:. l3YEi'1:3 NOTAI::¡Y PUBUC" ~ County of ;¡ Lincoln ~ \ My COl1ll1li~;"ion Ei,:",ì,:,' ;; ,-""'~": ':<':~~ t·-'7!:¡~}~'.~:,n~.I.':_, ,", -l" State of Wyoming (,\ t}~ I"' ~., THE STATE OF WYOMING (/" 1,),2011 _>':-,-;'Oi::~.",\ The above and foregoing instrument was acknowledged before me by Alvin L. Robinson and Alice L. Robinson, Trustees of the Alvin and Alice Robinson Family Trust, this ~day of O¡vuL .2009. WITNESS my hand and official seal. ~c¿) /r/~ Notary Public .::..0-, "-·-."i!'<:'~~'¡"...P'V'¡tJ:'·'~!Yr' L,..,.1~'~';:¡,I'".".,,:!,.~.r:_'.~';:¡!c1r"'·'¡',fC~.',~~;'~-,:. __ ~ ;:,GLORIA K, ßva~s","F'::". NCTAR( PUbLi,;,' d t:.:~:/. ·:.-;i~;~_<;~ ~,) '( County of r'l '" State 01 <: ',incoln '0\: Wyoming ~ , \ . ..: ""':":n Fr.:~:¡jr'~0. Sept0.r'0b?L,:,1 ~.~, 2011 .':.~J..,t".';.tR:."',_,,",......._. -. -_..-. ûOù600 Form No. 105().92 (10/17/92) . ALTALoanÌ:'oJicy Form 1 Policy No.: 8986801 Page 50f5 EXHIBIT A FileNo. 6019816376 Legal Description The land referred to in this document is situated in the State of Wyoming, Cowty of Lincoln, and is described as follows: A tract of land in the North Half of the South Half of the SouthwestQuarter of Section 6, Township 31 North, Range 118 West,· 6th P .M., ~incoln County, Wýoming, said tract being more particularly described as follows: BEGINNING at a point on the North line of said North Half of theSouth Half of the Southwest Quarter, said point of beginning lying North 89°43 '30" East, 481.57 feet from the Northwest cornerthereof(Sóuthone"sixteenth corner), said Northwest corner being a MAG nail in asphaltwithreferencemonumentsSouth.88~22'05" West, 59.13 feet and North 77°02'35" East, 40.51 feet,eacllreferencemonumentbeinga3%" brass cap inscribed "PAUL N. SCHERBEL RLS 164"andapprqpriatedetails; thence North 89!»43'30"Eäst,1653~68Jeetalongsaid North line; thence South 000.02'23" West,. 656.80 feettoapoint on the South line of said North Half of the South Half ofthe.Sc>trthwest Quarter; thence South 89°36'14" West, 1653.70 feet along said South line; thence North 00°02'23" East, 660;29 feet to the POINT OF BEGINNING. ALSO, a tract oflandintheNorthHalf of the South Half ofthe Southwest Quarter of Section 6, Township 31 Nortl1,Range118West, 6ttaP~M., Lincoln County, Wyoming, said tract being mote particularly described as follows: BEGINNING at a point on the Northline.ofsa,id North Halfof the South Half of the Southwest Quarter, said point of beginning lyil1.gN,'orth89°43'30" East, 2135~25feet from the Northwest corner thereof (South one"sixteenth;cornt~r),s:aidNortJ1westcornerbeing a MAG nail in asphalt with reference monuUJ,.ents.Sonth88°22'05"·West,S9.13·.feètattdNorth 77°02'35" East, 40.51 feet, each referencemol1l1I11enfbeillga3 %"brasscap.jnscrtbed~PAUL N. SCHERBEL RLS 164" andapproprlatetietåils; thence North 89°43'30" East, 3S2.06fèetalong said North line; thence South 05°17'14" Eásj:,. 1.73.'ªfeet; thence South 05°34'29" East, 121.75 feet; thenceSouth05.059~17"East189.36feet; thence South06°5œ35" East,174.28feeftoa point on the South line of the North Half of the South HáJ.foftheSouthwest Quarter of said Section 6; thence Sontb89°36'14" West, 420.89 feet along said South line; thence North 00°02'23" East, 656.80 feet to the POINT OF BEGINNING.