HomeMy WebLinkAbout952682alliance Title R, Fsr.row
PE` •4nx 1167
Kemmerer WY 83101
RECEIVING 9526V
BOOK: 744 PAGE: out"
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
EASEMENT AGREEMENT
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THIS EASEMENT AGREEMENT effective this 1 day of March, 2010, by and
between DIAMOND 1 RANCHES, LLC, an Idaho limited liability company, with a 2/3
interest, and DONALD BOEHME and JANET BOEHME, husband and wife, with a 1/3
interest, hereafter together "DIAMOND 1 c/o 2277 Wood Canyon Road, Geneva, Idaho 83238,
and KEYSTONE LAND CATTLE CO, LLC, a Wyoming limited liability company,
hereafter "KEYSTONE c/o P.O. Box 5279, Etna, Wyoming 83118.
WHEREAS, DIAMOND 1 owns property described in the Quitclaim Deed that was
recorded in the land records of Lincoln County, Wyoming, on September 4, 2008 in Book704 at
Page 195 as Receiving No, 941990, hereafter the "DIAMOND 1 TRACT and
WHEREAS, KEYSTONE owns the property described in the attached property
description identified as the "KEYSTONE PROPERTY", hereafter the "KEYSTONE TRACT
and
WHEREAS, DIAMOND 1 and KEYSTONE have agreed to the creation of an easement
running from U.S. Highway 89 along the southern boundary of the DIAMOND 1 TRACT to
provide for ingress, egress, and underground utilities to the KEYSTONE TRACT.
NOW, THEREFORE, DIAMOND 1 and KEYSTONE hereby agree as follows:
1. EASEMENT ESTABLISHED. DIAMOND 1, 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 DIAMOND 1 TRACT in favor of and for the
benefit of the adjoining KEYSTONE TRACT, said easement being more particularly described
as follows:
The South 30 feet of Lot 4, and the South 30 feet of the East Half of Section 13,
Township 27 North, Range 120 West, of the 6th P.M., Lincoln County, Wyoming.
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, DIAMOND 1 and KEYSTONE state and
declare that consideration has been provided to each of them for this Agreement.
3. EASEMENT 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
000507
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 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 road and not county road unless otherwise agreed to by all parties hereto.
f. That if any gate is maintained within the easement, and any lock is
maintained thereon, the lock combination or key shall be provided to each party 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 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.
DIAMOND 1:
KEYSTONE:
BY:
BY:
DIAMOND 1 RANCHES, LLC,
an Idaho limited liability company
EMMA LE EHME
MANAGING MEMBER
DONALD BOEHME AN ABOEHME
KEYSTONE LAND CATTLE CO., LLC,
a Wyoming limited liability company
D. TALLERICO
AGER
000
STATE OF
COUNTY OF C,f...W.C4a.--
ACKNOWLEDGED before me by Emma Lyle Boehme, acting as Managing Member
of Diamond 1, LLC, an Idaho limited liability company, pursuant to authority provided to her by
said Company's Board of Members, on this day of March, 2010.
WITNESS my hand and official seal.
JILL H. LARSON
County of
Lincoln
NOTARY PUBLIC
State of
Wyoming
My Commission Expires June 20, 2011
My Commission expires:
ACKNOWLEDGED before me by Donald Boehme and Janet Boehme on this
day of March, 2010.
My Commission Expires June 20, 2011
My Commission expires: 6-- c e °d o//
STATE OF tii)
COUNTY OF
ACKNOWLEDGED before me by Brian D. Tallerico, acting as Manager of Keystone
Land Cattle Co., LLC, a Wyoming limited liability company, pursuant to authority provided to
him by said Company's Board of Members, on this day of March, 2010.
WITNESS my hand and official seal.
ao -aall
JILL H. LARSON
County of
Lincoln
NOTARY PUBLIC
1 State of
Wyoming
My Cnmmleelan gxigirtga June 20, 2011
My Commission expires: a 0 P o
000509
A 144-9"_.
NO Y PUBLIC