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HomeMy WebLinkAbout950368EASEMENT AGREEMENT 1 00u170 Kyle Dwayne Hansen, Dale Lee Hansen, Tamera Ann Miller and Clay Lamar Hansen, 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 Bard B. Iverson, a married man as his sole and separate property, Joel Franklin Wisdom, Trustee of the Joel Franklin Wisdom Revocable Trust Dated February 13, 2003 and Louise Ivlildred Byas, Trustee of the Louise Mildred Byas Revocable Trust dated February 13, 2003 and Jeffrey Reeves and Barbara Mechaley, hereinafter referred to as "Grantees the following described perpetual nonexclusive easement for the following purposes: 1. Purpose of this Easement: This easement is for the purpose of providing a perpetual nonexclusive Sixty (60) foot wide right of way easement for ingress and egress and all utilities to the property described in paragraph 3 hereof, including the right to construct and maintain a roadway to provide that ingress and egress and for all utilities. Grantors specifically reserves the right to use said easement for access and utilities to their property described in paragraph 3 and the right to grant to other parties future easements. This easement is not for the purpose of providing or creating a public right -of -way or access to any other lands other than those described in paragraph 3. 2. Conditions of this Easement: The conditions of this easement are as follows; (a) It is a common nonexclusive easement for the benefit of all Grantees and Grantors as well as any other party that Grantors subsequently convey an easement to. (b) This easement may not be fenced by any of the Grantees without the prior written consent of the Grantor and all of the Grantees. (c) The Grantees and Grantors agree that in the event that any of the Grantees decide to subdivide or make other future divisions of their property which require the upgrading of the roadway presently constructed on the hereinafter described easement that it shall be the sole responsibility of the particular Grantee to pay for RECEIVED 11/4/2009 at 9:44 AM RECEIVING 950368 BOOK: 735 PAGE: 170 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 006171 such upgrade. It is further mutually agreed between the Grantors and the Grantees that any repairs or maintenance to the roadway will be mutually agreed upon between all of the Grantors and Grantees and that the cost of any such improvements or maintenance will be prorated based upon the benefit to their respective property. Each of them agree to pay their reasonable and fair share of such construction and maintenance charges as they mutually agree to based upon the benefits to their respective property. If any of them fail to pay their reasonable and fair share, one or more of the others may bring legal action pursuant to this easement to compel such payment provided, however, that such improvement or maintenance cost were mutually agreed to in advance by all of Grantors and Grantees. In any such legal action, the prevailing party may recover their reasonable attorney's fees and costs in addition to other relief granted. 3. Property Benefitted by Easement: This easement is for the benefit of the following described real property of the Grantees in Lincoln County, Wyoming described as follows: a) Wisdom Property That property as more fully described on the attached Exhibit "A b) Reeves Property That property as more fully described on the attached Exhibit "B c) Bard B. Iverson Property That property as more fully described on the attached Exhibit "C d) Hansen Property That property as more fully described on the attached Exhibit "D 4. Description of Easement: The easement is described as follows: A nonexclusive, perpetual right -of -way easement for ingress, egress and all underground utilities described as the North Sixty (60) feet of the NE /4 of the SE1/4 of Section 6, T3ON, R11 8W of the 6th P.M., Lincoln County, Wyoming and the North Sixty (60) feet of the East Sixty (60) feet of the NW /4 of the SE1/4 of said Section 6, T3ON, R118W of the 6 P.M. Lincoln County, Wyoming. 2 5. Binding Effect: The terms and conditions of this easement shall be binding upon and inure to the benefit of the heirs, successors and interest and assigns of the parties named in this instrument. 6. Waiver of Homestead Rights: The Grantor hereby waives and releases 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 (21 day of C DO& r 2009. THE STATE OF UTAH COUNTY OF SALT" Li1il. e The above and foregoing instrument was acknowledged before me by Kyle Dwayne Hansen, on this atw day of pG.cv t 2009. WITNESS my hand and official seal. DIEGO LOPEZ Notary Public f State of Utah My Commission Expires July 10, 2011 1607 W 7000 S, W Jordan, UT 84084 Dale Lee ansen THE STATE OF VTXH COUNTY OF 54tr Lak )ss. )ss. WITNESS my hand and official seal. DIEGO LOPEZ Notary Public State of Utah My Commission Expires July 10, 2011 1607 W 7000 S, W Jordan, UT 84084 3 0061.72 Nota Public �i11%lf: Not, The above and foregoing instrument was acknowledged before me by Dale Lee Hansen, on this a!' of oe r- 2009. j2O a mara Ann Miller THE STATE OF ifT4 1( )ss. COUNTY OF sari The above and foregoing instrument was acknowledged before me by Tamara Ann Miller, on this 21 day of 00-0.€. 2009. WITNESS my hand and official seal. DIEGO LOPEZ Notary Public State of Utah My Commission Expires July 10, 2011 1607 W 7000 S, W Jordan, UT 84084 Clay Lamar Hansen THE STATE OF -llkl ail /de )ss. COUNTY OF The above and for o'ng instrument was acknowledged before me by Clay Lamar Hansen, on this 4 day of 2009. WITNESS my hand and official seal. A Notary Public 000173 File No.: 60106. Janice K. Earhart, a Married Person, grantor(s) of Afton, State of Wyoming, for and in consideration of Ten Dollars and Other Good and Valuable Consideration, in hand paid, receipt whereof is hereby acknowledged, do(es) Convey and Warrant To Joel Franklin Wisdom, Trustee of the Joel Franklin 'Wisdom Revocable Trust dated February 13, 2003 and Louise Mildred Byas, Trustee of the Louise Mildred Byas Revocable Trust dated Feburary 13, 2003, grantee(s), whose address is: 42550 DePortola Rd. Temecula, CA, 92592 the following described real estate. situate in Lincoln County and State of Wyoming, to wit: All of the S1/2S1/2SE1/4NE1/4 of Section 6, Township 30 North Range 118 West of the 6` P.M., Lincoln County, Wyoming; EXCEPTING that parcel conveyed to the State Highway Commission ofWyoming Office of the Clerk of Lincoln County in Book 134PR on page 19, being of record in the the Clerk of Lincoln County in Book 432PR on page 670, secondarily described t a l s follows: record d in the Office of BEGINNING at the Northwest corner of said S1 /2S1 /2SE1 /4NE1 /4; thence North 89 °31'17" East, 1214.66 feet, along the North line of said S1 /2S1/2SE1/4NE1/4, to a point on the 'Westerly line of U.S. Highway 89; thence South 00 °17'06" East, 330.86 feet, along said Westerly line, to a point on the South line of said S 1/2S 1/2SE1/4NE 1/4 thence South 89 °30'12 West, 1214.27 feet, along said South line, to the Southwest corner of said S1 /2S1 /2SE1 /4NE1 /4; thence North 00 °21'16" West, 331.24 feet, along the West line of said S1 /2S1 /2SE1 /4NE1 /4 to the CORNER OF BEGINNING. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Witness my /our ha.nd(s) this day of March, 2007. Janice k. Earinart State of Wyoming County of Lincoln ss. The foregoing instrument was acknowledged before me this Witness my hand and official seal. My commission expires: l ?lr'iY A i iV1031 %111 k AD AIM 10D WARRANTY DEED 1 4 Notary Public RECEIVED 3/5/2007 at 2:33 PM RECEIVING 927342 BOOK: 650 PAGE: 183 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY day of March, 2007, by Janice K. Earhart. 000174 marl l,--, QUITCLAIM DEED Reeves Farms, Inc., a Wyoming corporation, having its principal place of business at Smoot, Lincoln County, Wyoming, (mailing address: PO Box 16, Smoot, WY 83126), grantor, for and in consideration of the sum of Ten and No /100 Dollars ($10.00), the receipt whereof is hereby acknowledged, and other good and valuable consideration, CONVEYS and QUITCLAIMS to Jeffrey Reeves and Barbara Mechaley, for an undivided 1/2 interest each as tenants in common, of PO Box 47, Fairview, WY 83119, grantees, the following described real estate, situate in the County of Lincoln, State of Wyoming, and more particularly described as follows, to -wit: Attest: That part of the NE1 /4SE1/4 of Section 6, T3ON, R118W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Lincoln County Clerk in Book 519 PR, page 553, and all of that tract of record in Book 609, page 160, as more particularly described on the attached "Description for Jeffery Reeves and Barbara Mechaley Jeff Reeves Tract" which is incorporated herein by this reference. IN WITNESS WHEREOF, the grantor has caused these presents to be signed by its duly authorized officer as of this 5th day of November, 2008. 1 Reeves Farms, Inc., a Wyoming corporation By: ,cur tot _f ht/ dolly R. Erickson, President RECEIVED 11/25/2008 at 12:23 PM RECEIVING 943816 BOOK: 709 PAGE: 690 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY eot1.75 I N. 01,1110141.319 000160 14eevL9 Farms, I C. iIt Reeves Kim, bar., A 'Wyoming Corporation. Simon. Slge of Wyomin g, fur and In •amsidcr,n t Te r)v1 1 Lim a3:id Otlic Gout( iun III 111111d 11a1d rucena •ciihrtreor hereby edged. 110(e S) Ce../OVUy ji I r'jrr t To Bard B. Iverson, 3 marriod 111:111 as his sole and stp ro e properq, voliik.c add ITS S 1 I3%; 39 7 1/ cdoinia„AZ, 80)22- Cc:Q. dem:J bcd ri..1•41 Coinny in.1 Si ate of 1.0 IL 1 Al f NI?.1 411 hsioll Ijjuii L.i.ocalti Conn r;, Wyarning 1v ibc in 1ht, v1 ti ii.1 Wall flied 4111 I '.11107 tt iIMiiiuii&nI IN*. 13:5-0,3 7 or ape TIZCiad.$ Of title NSW C11411141 lieI:r r elLsI1i itild iVpJ1 LI 11011,5 unde,r• And hy 4 /71. I cxvitIpCk,;11 :11K. Sulk 01 the, day 01,i13flutuy. Ikl.l. l" ,il'I'lW. I 41/ I f i i ef 7^ 1 SI 1 411-. 1112 /111' V• o. PI I.V.i1.1l;l:ak '1 I ".:r. L ins nie Wt ..hninar>, 201.4.1, e Itevves Inc. ol 'Wyoming ss %•11..iczo, haial tiid 0111‘x,•11 se.:d 9 /5 NV A R.RANTY D FED •••.—Ike 1 le} 1 .1' l•••• By. It .a.kson. RECEN ED 1;2eano8 kit. 4.14 PM RIX &VINO g 936567 000A: OS PAGE: to ..IE.AN NE WAGNER LINCOLN COUNTY CLERK, XEMMERER. N 5 G UYEFB COlif11 d Nolitry OFFICILS:A, DAVID 13 M ENDY NOTARY FLISL14:; COMMISSION Nci 41136P41, MY COILAi Exo,k/.$ wira; 2•Di ackriowledgcd befoi ii< 1t1I diu,' 2r:I.H.f., by l'.1:Ly ir Ret!VQ5 NC-gi•lY PUBLIC r Rfonlily C&176 http://www.lcwy.org/weblink7/ImageDisplay.aspx?cache=yes&sessionkey—WLImageDis... 10/12/2009 d rl tii§ dimmed ed foin n codfcd !lane Titid tad &$crow of Wyoming, Lig as a courtesy only QUITCLAIM DEED x:.0:4138 Tamera Ann Miller, Dale'Lee Hansen, Kyle Dwayne Hansen,.and Clay Lamar Hansen, as Tenants in Common, grantor(s) of Salt Lake County, State of Utah, for and in consideration of Ten Dollars and Other Good and Valuable Consideration $10.00 in hand paid, receipt whereof is hereby acknowledged, hereby Convey(s) and Quitclaim(s) To Kyle Dwayne Hansen, Dale Lee Hansen, Tamera Ann Miller, and Clay Lamar Hansen, as Tenants in Common, grantee(s), whose address is: 2404 Hunts End Drive, Sandy Utah 84092, all interest in the following described real property, situate in Lincoln County and State of Wyoming, to wit: The North 60 feet of the ortheast Quarter of the Southeast Quarter of Section 6, T3ON, RI18W of the 6 P.M., Lincoln C6nnty, Wyoming, ALSO DESCRIBED as the Northeast Quarter of the Southeast Quarter of Section 6, T3ON, R1.18W of the 6 P.M., Lincoln County, Wyoming, LESS and EXCEPTING THEREFR M that portion of said Northeast Quarter of the Southeast Quarter that is conveyed in that certain Quitclaim Deed between Reeves Farms, inc., as grantor, and Jeffrey Reeves and Barbara Mechaley as grantees, dated October 4, 2005, and recorded in the office of the Lincoln County Clerk on Januatyl9, 2006, in Book 609, Page 160. AND ALSO, The North 60 feet of the East 60 feet of the Northwest Quarter of the Southeast Quarter of Section 6, T3ON, R118W of the 6 PJM., Lincoln County, Wyoming. AND ALSO, The Southwest Quarter o1' the Northeast Quarter of Section 6, T3ON, R118W of the 6 P.M., Lincoln County, Wyoming, LESSiand EXCEPTING THEREFROM that portion of said Southwest Quarter of the Northeast Quarter that is conveyed in that certain Quitclaim Deed between Reeves Farms, Inc., as grantor, and Clayne E. Reeves and Cheryl Ann Reeves, husband and wife, as grantees, acknowledged May 2, 2005, and recorded in the office of the Lincoln County Clerk on May 11, 2005, in Book 585, page 110. SUBJECT TO all covenants, easements, exceptions, restrictions, reservations and rights -of -way of sight or record, including without limitation, the land owned by the State Highway Commission of Wyoming of record in.an instrument recorded in the office of the Lincoln County 'Clerk in Book 132 PR, page 561. EXCEPTING and RESERVING unto Grantor and its successors and assigns a 60 -foot wide, perpetual right -of -way easement for ingress and egress and all underground utilities to Grantor's lands located west and south of the above- described Northeast Quarter of the Southeast Quarter, described as the North 60 feet of the Northeast Quarter of the Southeast Quarter of Section 6, T3ON, R118W of the 6 P.M., Lincoln County, Wyoming, and the North 60 feet of the East 60 feet of the Northwest Quarter of the Southeast Quarter of Section 6, T3ON, R118W of the 6 P.M., Lincoln County, Wyoming. a3 Si, t ,n, lle,d -Quit Claim WY' m Rev. 3/3/2009 RECEIVED 8/18/2009 at 12:45 PM RECEIVING 948988 BOOK: 730 PAGE: 138 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000177 No.