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HomeMy WebLinkAbout950512EASEMENT AGREEMENT a 061628 THIS EASEMENT AGREEMENT effective this 16 day of October, 2009, 2007, by and between GARY O. HOKANON, TRUSTEE OF THE GARY O. HOKANSON AND CAROLE W. HOKANSON JOINT LIVING TRUST, DATED JUNE 10, 2002, and DANNIE K. HADERLIE AND TRUDY ANN HADERLIE, a married couple, hereinafter referred to as "Parties WHEREAS, GARY O. HOKANON, TRUSTEE OF THE GARY O. HOKANSON AND CAROLE W. HOKANSON JOINT LIVING TRUST, DATED JUNE 10, 2002 is the record owner of property more specifically described in the Decree Quieting Title that was recorded in the land records of Lincoln County, Wyoming, on September 10, 2009, in Book 731 PR at Pages 583 586 as Receiving No. 949376, a copy of said decree being attached hereto as Attachment A and incorporated herein by reference, hereafter the "Hokanson Property and WHEREAS, DANNIE K. HADERLIE AND TRUDY ANN HADERLIE own the property more specifically described in the Quitclaim that was recorded on August 30, 1989, in Book 277 PR at Page 148, No. 707188, a copy of said deed being attached hereto as Attachment B and incorporated herein by reference, hereafter the "Haderlie Property and WHEREAS, the Parties have agreed to the creation of an easement to provide for ingress, egress, and underground utilities to the Hokanson Property and the Haderlie Property. NOW, THEREFORE, GARY O. HOKANON, TRUSTEE OF THE GARY O. HOKANSON AND CAROLE W. HOKANSON JOINT LIVING TRUST, DATED JUNE 10, 2002 and DANNIE K. HADERLIE AND TRUDY ANN HADERLIE hereby agree as follows: EASEMENT ESTABLISHED. GARY O. HOKANON, TRUSTEE OF THE GARY O. HOKANSON AND CAROLE W. HOKANSON JOINT LIVING TRUST, DATED JUNE 10, 2002, for themselves and their heirs and assigns, hereby grants and conveys a perpetual non exclusive easement for ingress, egress, and underground utilities across a portion of the Hokanson Property in favor of and for the benefit of the adjoining Haderlie Property; DANNIE K. HADERLIE and TRUDY ANN HADERLIE, for themselves and their heirs and assigns, hereby grant and convey a perpetual non exclusive easement for ingress, egress, and underground utilities across a portion of the Haderlie Property in favor of and for the benefit of the adjoining Hokanson Property; Width of the easement is Twenty -five (25) feet. Hokanson/Haderlie Easement Page 1 of 4 RECEIVED 11/13/2009 at 10:03 AM RECEIVING 950512 BOOK: 735 PAGE: 628 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY C,0 629 Centerline of said Easement described in Attachment C, attached hereto and incorporated herein. 2. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the mutual promises and agreements of the parties hereto, and other valuable consideration, in hand paid, the receipt of which is hereby acknowledged, the Parties state and declare that consideration have been provided to each of them for this Agreement. 3. EASMENT COVENANTS. The Parties, for themselves and their heirs and successors and assigns, hereby agree: a. Except for temporary obstructions required for the purposes of maintaining and improving the easement, and installing and maintaining, repairing, and replacing underground utilities therein, the easement shall not be obstructed in any manner that would impede free ingress and egress of the parties hereto, or of any other person or persons with right of ingress and egress in the easement. Easement maintenance and improvement, and utility installation, maintenance, repair, and replacement shall be done in a manner that minimizes any inconvenience to all who are authorized to use the easement for ingress and egress. b. That the easement shall be used by the parties hereto for private and commercial ingress and egress, but such use shall not occur in such manner that the use interferes with any party's or any other persons rights to use of the easement. c. Any improvements made within the easement shall be at the sole expense of the party making the improvements unless otherwise agreed to in writing. d. Each party hereto agrees to indemnify and hold harmless the other parties from any and all liability for personal injury or property damage that results from, arises out of, or may be attributed to any use of the easement unless such injury or damage is intentionally caused. e. That the road within the easement shall be maintained in its existing width and as a private, and not county road, unless otherwise agreed to by all parties hereto. 4. EASEMENT TO RUN WITH THE LAND. The easement created herein shall run with the lands identified herein, and shall be binding on and shall inure to the benefit of the parties to this Agreement, and their respective heirs, successors or assigns. 5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind Hokanson/Haderlie Easement Page 2 of 4 0k 630 preceding the date of this Agreement shall not be binding except to the extent incorporated in this Agreement. 6. MODIFICATION OF AGREEMENT. Any modification of this Agreement shall be binding only if evidenced by agreement in writing signed by the parties hereto or their heirs and successors and assigns. 7. WAIVERS. The failure of any party to this Agreement to enforce the performance of the terms and conditions set forth herein, or a waiver of a breach of any of the terms and conditions set forth herein, shall not be construed as a continuing waiver of such failure or breach, and the terms and conditions shall remain in full force and effect as if no such forbearance or waiver had occurred. 8. WAIVER OF HOMESTEAD RIGHTS. The parties and their spouses, for themselves and their heirs and successors and assigns, hereby waive any and all rights 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 the easement. IN WITNESS WHEREOF, each party to this Agreement has caused it to be signed on the dates indicated below. GARY O. HO ANON, TRUSTEE OF THE GARY O. HOKANSON AND CAROLE W. HOKANSON JOINT LIVING TRUST, DATED JUNE 10, 2002 DANNIE K. HADERLIE ADERLIE STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me by GARY O. HOKANON, TRUSTEE OF THE GARY O. HOKANSON AND CAROLE W. HOKANSON JOINT LIVING TRUST, DATED JUNE 10, 2002 this 5 day of October, 2009. Hokanson/Haderlie Easement Page 3 of 4 WITNE my. hand and official seal. CHRISTINA K. ALLRED NOTARY PUBLI County of it State of Lincoln L'i Wyoming MY COMMISSION EXPIRES: 4 30 2013 My Commission expires: L-1 STATE OF WYOMING COUNTY OF LINCOLN NOr ev PU.LIC LUANN EPPLER 5 STATE OF COUNTY OF �k S ty T O LINCOLN my entanisso, 1 FOft F MARCH 25 ?0?1 SS. WITNESS my hand and official seal. My Commission expires: Hokanson /Haderiie Easement Page 4 of 4 G'u631 NOTARY PUBLIC ACKNOWLEDGED before me by DANNIE K. HADERLIE and TRUDY ANN HADERLIE, husband and wife, this day of 2009. Randall B. Luthi, 5 -2060 LUTHI VOYLES, LLC P.O. Box 820 hayne, WY 83127 Tel: (307) 883 -7887 FAX: (307) 883 -7889 ttorney for the Plaintiff IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING GARY O. HOKANSON, Trustee of the Gary O. Hokanson and Carole W. Hokanson) Joint Living Trust, dated June 10, 2002 Plaintiff, CIVIL NO. 2007 -86 -DC Defendants. v. MARY C. RASMUSSEN, HEIRS OF MARY C. RASMUSSEN, and ANY AND LL OTHER INTERESTED PERSONS OR ENTITIES, 'OO632 FILED 0 9 mear .,.moo.- KENNETH D. POSER CL:=RK OF „!ST !CT COL! ^ri ,JUDiCi'\L bi3T iC:T LINCOLN COUNTY, STATE OF W e'O 583 S,_P DECREE QUIETING TITLE THIS MATTER having come regularly before this Court upon the pleading of the Plaintiff. The Plaintiff, through his attorney, filed a motion that the requested relief be granted to he Plaintiff as requested in the Complaint by default since the Defendants had not filed an answer or otherwise responded to the Notice of Suit; the Court, having reviewed the pleadings Decree Civil No. 2007 -86 -DC Page I of 3 s 'OMINQ RECEIVED 9/10/2009 at 10:30 AM RECEIVING 949376 BOOK: 731 PAGE: 583 JEANNE WAGNER I INC:C)I N COUNTY CLERK, KEMMERER, WY d the Court file; finds the following: 1. That the Defendants in this matter were properly served in accordance with Rule 4(e),(f),(g) and (h) of the Wyoming Rules of Civil Procedure. 2. That the time allowed by law for answering or otherwise pleading has expired on or about the 30th day of June, 2007. 3. That the default of the Defendants is hereby duly entered, according to law. IT IS HEREBY ADJUDGED, DECREED,AND ORDERED: 1. That the Plaintiff, Gary 0. Hokanson, as Trustee of the Gary 0. Hokanson and Carole W. Hokanson Joint Living Trust, Dated June 10, 2002, owns and is in possession of, and at the commencement of this suit owned and was in possession of, the following real property situate in the County of Lincoln, State of Wyoming More fully described in Attachment 1, attached hereto and incorporated herein. 2. That the Defendants are found to have no right, title, interest, claim or demand in he described real property; that the defendants are hereby forever debarred from asserting any ight, title, interest, claim or demand thereto, and the title thereto is quieted in the Plaintiff. rK Ue�ZJ DATED this /y day o£At�s 2009 kA33 006 �za IS L. SA ERSO'" 'STRICT JUDGE STATE OF WYOMING SS. COUNTY OF LINCOLN Decree I, Kenneth D. Roberts,, Clerk of the Third Civil No. 2007- 86- 1icial District Court within and foresaid Page 2 of 3 county and in the of foresaid, do hereby certify '.s irig to be a full, true, and coma:` SIGNED Copy To: Randall B. Luthi Attorney for the Plaintiff LUTHI VOYLES, LLC P.O. Box 820 Thayne, WY 83127 Decree Civil No. 2007 -86 -DC Page 3 of 3 Description: Hokanson 491 -714 plus Quiet Title 0406586 The Hokanson property, as referred to in the Deed recorded with Instrument Number 881746, in Book 491PR, on Page 714, and a portion of the Mary Rasmussen property, as referred to in Patent No. 3798, Transcribed from Uinta County Records Book 1 Deeds, Page 31, all with the Office of the Clerk of Lincoln County, Wyoming, within GLO Lot 1 of Section 33, T35N, R119W, of the 6th P.M., Lincoln County, Wyoming, the boundary being more particularly described as follows: Beginning at a point in the East line of the SE1 /4 of Section 15, T5S, R46E, of the Boise Meridian, Caribou County, Idaho, said True Point of Beginning being 166.12 feet S0 39'38 "W from the Baker Engineers PE /LS 698 1982 location for the Northwest Corner of said Lot 1; thence S89 00'46 "E, parallel with the North line of said GLO lot 1, 330.00 feet to a point in the West line of the Jenkins property, as referred to in the Decree Quieting Title, recorded with Receiving Number 915451 in Book 610, on Page 418, with said office; thence S0 39'38 "W, along said West line 199.27 feet to a point in the North line of the Haderlie property, as referred to in the deed recorded with Instrument Number 707188, in Book 277PR, on page 148, with said office; thence N89 01'30 "W, along said north line, 330.00 feet to a point in said East line; thence N0 39'38 "E, along said East line, 199.34 feet, to the Point of Beginning, Encompassing 1.51± Acres of land. SUBJECT TO: The 30.00 feet Right -of -Way Easement, as shown on the as built map prepared by Lloyd B. Baker and Associates dated 25 July 2001. TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Reservations, Restrictions, Rights -of -Way and Improvements of sight and or record. tr-MMAIE/o7 DANNY HADERLIE, grantor of County of Lincoln, and State of Wyoming, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, has hereby remised, released and forever quitclaimed unto the said DANNIE K. HADERLIE and TRUDY ANN HADERLIE, husband and wife as tenants by the entireties, whose address is Freedom, Wyoming, their heirs and assigns forever, all such right, title, interest, property, possession, claim and demand, as they may have or ought to have, in or to all the following described property, to -wit: Parcel No. 1 Beginning at a point 22 rods South of the Northwest Corner of Lot 1 in Section 33, Township 35 North, Range 119 West of the 6th P.M., Wyoming; and running thence South 77 feet; thence East 103 feet; thence North 77 feet; thence West 103 feet to the place of beginning. Together with all and singular the tenements, hereditaments ,and. appurtenances thereunto belonging or in anywise appertaining. Parcel No. 2 $4.00 August 30 1989 RECORDED q AT .24.M. IN BOOK •277•PR CF Q PnCE ,11viERER, WYO. N 0 QUITCLAIM DEE S 8 ...ELIZABETH C. WADE, CLERK O )163G KNOW ALL MEN BY THESE PRESENTS, that DANNIE K. HADERLIE a /k /a Beginning at a point 26 rods and 11 feet South of the Northwest Corner of Lot 1, Section 33, Township 35 North, Range 119 West of the 6th P.M., Wyoming; and running thence South 160 feet; thence East 90 feet; thence South 25 feet; thence East 240 feet; thence North 262 feet; thence West 227 feet; thence South 77 feet; thence West 103 feet to the place of beginning, together with all water, water rights, mineral rights, improvements and appurtenances thereon situate or in anywise appertaining thereunto. Subject, however, to all reservations, restrictions, exceptions, easements and rights -of -way of record or in use. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. WITNESS my hand this) day of August, 1989. STATE OF WYOMING COUNTY OF LINCOLN My Commission Expires: Sheila Eddins 'aunty o Lincoln Notary Public State of Wyoming My ComMlsslon Expires' i n i C R n SS. sa I AoA �11n I WITNESS my hand and official seal. DANNIE K. HADERLIE a /k /a DANNY HADERLIE The foregoing instrument was acknowledged before me by Dannie K. Haderlie a /k /a Danny Haderlie this 3V .3 day of August, 1989. Y PUBLIC L 'WVZZ:01.:60 -91. O I. Description: Haderlie Right -of -Way eO637 A portion of Part 1 and Part 2 of the Haderlie property, as referred to in the Deed recorded in Book 277PR, on Page 148, with the Office of the Clerk of Lincoln County, Wyoming, within GLO Lot 1, of Section 33, T35N, R119W, of the 6 P.M., Lincoln County, Wyoming, being 14.15 feet either side of the Center Line being more particularly described as follows: BEGINNING at a Point in the East line of the SE1 /4 of Section 15, T5S, R46E, of the Boise Meridian, Caribou County, Idaho, said Point of Beginning, being 379.61 feet SO 39'38 "W, along said East line, from the Baker Engineers PE /LS 698 1982 location for the Northwest Corner of said Lot 1; thence S89 01'30 "E 330.01± feet to a Point in the West line of the Jenkins property, as referred to in the Decree Quieting Title recorded in Book 610, on Page 418, with said Office, with the Right -of -Way lines being retracted of prolonged to intersect said West line.