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HomeMy WebLinkAbout947271EASEMENT 000376 Robert G. Henry, Jr., Trustee of that certain marital deduction trust dated September 24, 1980, aka the Henry Family Trust dated September 24, 1980, of 3117 W. Feather Sound Drive, Anthem, AZ 85086, grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grants and conveys to Robert G. Henry, Jr., aka Robert G. Henry and Constance C. Henry, husband and wife, as tenants by the entireties, of 3117 W. Feather Sound Drive, Anthem, AZ 85086, 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 non-exclusive right-of-way easement for ingress and egress from the property described in paragraph 3 below to the adjacent golf course, for walking or golf cart access only, and including the right to inspect the easement. 2. Conditions of this Easement. The conditions of this easement are: a. The easement may not be fenced by Grantees without the prior written consent of grantor. b. By accepting, using, or providing for, or allowing any third parties to use the herein described easement, Grantees assume the risk of any and all damage including property damage or personal injury and agree to indemnify and hold grantor harmless from any damage or injury, whether property or personal, arising from any such activities conducted by grantees on or in the easement. 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: Lot 47 in Star Valley Ranch Plat 10 as platted and recorded in the Official Records of Lincoln County, Wyoming. RECEIVED 5/20/2009 at 11:41 AM RECEIVING # 947271 BOOK: 723 PAGE: 376 1 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000377 4. Description of Easement. The easement is described as follows: Beginning at a point on the South boundary line of Lot 49 in Star Valley Ranch Plat 4 10, said boundary line being contiguous with the adjacent golf course, said point being 10 feet generally West of the Southeast Corner of said Lot 49, said comer being also the common corner of Lots 49, 46, and 47, and running generally East along said South boundary line 10 feet to said Southeast Corner; thence generally North along the East boundary line of Lot 49, said boundary line being the common boundary line of Lots 49 and 47, 10 feet; thence in a Southwesterly direction 14 feet, more or less, to the point of beginning. 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. Grantor 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, I have hereunto set my hand as of the 23rd day of April, 2009. ' f Loo Robert G. Henry, Jr., s STATE OF ARIZONA : ss. COUNTY OF MARICOPA : On this day of 2009, before me personally appeared Robert G. Henry, Jr., to me personally knowK, who, being by me duly sworn and put upon his oath, did say that he is the trustee of that certain marital deduction trust dated September 24, 1980, aka the Henry Family Trust dated September 24, 1980, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustee had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustee acknowledged said instrument to be the free act and deed of said trust. Given under my hand and notarial seal the day and year first above written in this certificate. QFFICIAL SEAL r VIVIAN ANGERAMI NOTARY PUBLIC - State of Arizona MARICOPA COUNTY ` ` L~/t My Comm. Expires Feb. 3, 2011 ~W tlibâś“ 6. N ARY PUBLIC My commission expires: I ~ '}-t~ i I 2