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Home My WebLink About953067For valuable consideration, receipt of which is hereby acknowledged, Lane Rex Heiner and Michelle Elaine Heiner, husband and wife, Blair H. Hillstead and Lynette Hillstead, Trustees of the Blair H. Hillstead Revocable Trust dated June 18, 1997 and the Lynette Hillstead Revocable Trust dated June 18, 1997, and Royce H. Hoopes and Paula D. Hoopes, husband and wife (collectively referred to herein as Grantor) do hereby grant to Blair H. Hillstead and Lynette Hillstead, Trustees of the Blair H. Hillstead Revocable Trust dated June 18, 1997 and the Lynette Hillstead Revocable Trust dated June 18, 1997 (collectively referred to herein as Grantee), whose address is 185 Cow Poke Way, Afton, WY 83110, and to the heirs, assigns, and invitees of Grantee, a perpetual non exclusive easement for ingress and egress over and across the following described lands: See Exhibit "A" This access easement is subject to the following terms and conditions: 1. Nonexclusive Use. This easement is nonexclusive and shall not preclude Grantor from using the easement area or from granting the right to other persons and parties to use the easement area or the access road and making a charge therefor. It is the intent of each Grantor in making this easement to only grant to Grantee the right to use that portion of the roadway situated on the lands owned by that respective Grantor under the terms and conditions set forth herein. 2. Benefitted Land. This Easement is for the benefit of and appurtenant to and shall run with that real property owned by the Grantee described on Exhibit `B Grantee may use the easement only as an access road to the real property owned by Grantee described on Exhibit `B 3. Operations on the Easement. Grantee may not fence the easement area unless otherwise agreed to by Grantor. Grantee shall not remove any fences, trees, ditches, or other improvements unless specifically agreed to by Grantor. Grantee shall not exceed a speed of 20 miles per hour while driving on the road. Grantee will not store or park any vehicles or material on the easement. Grantee will not allow any debris to be discarded on the easement, and Grantee will clean up litter and debris along the easement for which Grantee or Grantee's invitees are responsible. 4. No Warranty. Grantor does not warrant title to the property subject to the easement. This easement is subject to all exceptions, reservations, rights of way, easements, covenants, restrictions and rights of record and subject to any state of facts which would be disclosed by an accurate survey or physical inspection of the premises. 5. Indemnification and Release. Grantee shall indemnify, defend, and hold harmless Grantor and Grantor's agents, employees and representatives from any and all claims, demands, or causes of action arising out of the use of the easement area by Grantee or Grantee's invitees or arising out of the granting of this easement. Grantee releases Grantor, its employees, agents, and representatives from any and all liability for damages arising out of Grantee's use of the easement area. 6. Binding Effect and Governing Law. This agreement is binding upon the successors and assigns of the parties. This agreement shall be construed according to the laws of the State of Wyoming. A court of competent jurisdiction in the State of Wyoming shall have exclusive jurisdiction of any litigation arising out of this agreement. Dated this 19 day of ACCESS EASEMENT :1 Page 1 2010. RECEIVED 4/23/2010 at 10:05 AM RECEIVING 953067 BOOK: 745 PAGE: 865 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Grantors: Michelle Elaine Heiner Blair H. Hillstead, Trustee of the Blair H. Hillstead Revocable Trust dated June 18, 1997 and the Lynette Hillstead Revocable Trust dated June 18, 1997 LJbSette Hillstead, Trustee of the Blair H. Hillstead Revocable Trust dated June 18, 1997 and the Lynette Hillstead Revocable Trust dat June 18, 1997 Royce lrl. Hoopes Paula D. Hoopes COUNTY OF INC p\ w1 Witness my hand and official seal. My commission expires: STATE OF y t r COUNTY OF NCO Witness my hand and official seal. My commission expires: ss. The foregoing instrument was acknowledged before me this 20 day of I.) r 2010, by Lane Rex Heiner and Michelle Elaine Heiner, husband and wife. ss. The foregoing instrument was acknowledged before me this aC) day of kr■ X 2010, by Blair H. Hillstead and Lynette Hillstead, Trustees of the Blair H. Hillstead Revocable Trust dated June 18, 1997 and the Lynette Hillstead Revocable Trust dated June 18, 1997. Page 2 JAMIE DECORA NOTARY PUBLIC State of Wyoming County of Lincoln My Commission Expires June 27, 2010 JAMIE DECORA NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires June 27, 2010 The foregoing instrument was acknowledged before me this 2010, by Royce H. Hoopes and Paula D. Hoopes, husband and wife. Witness my hand and official seal. p itit...e commission expires: t to ol3 1 ss. County of Lincoln Page 3 LISA HOKANSON NOTARY PUBLIC day of State of Wyoming a My Commission Expit as August 16, 2013 00 0867 Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Ulah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbel, LTO. A900, Wyoming Big Piney, Wyoming Jackson. Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR BLAIR H. HILLSTEAD REVOCABLE TRUST, DATED 18 JUNE 1997 LYNETTE HILLSTEAD REVOCABLE TRUST, DATED 18 JUNE 1997 EASEMENT FOR MELODY LANE To -wit: BEGINNING at the southeast corner of said E'' /2SE'/4; EXHIBIT A A strip of land thirty (30) feet in width over, under and across the E %2SE'/4 of Section 3, T31N R119W, Lincoln County, Wyoming, with the east line described as follows: thence N01 11' -08 "E, 1321.26 feet, along the east line of said E'hSE1/4, to the northeast corner of the SE1/4SE1/4 of said Section 3; thence continuing N01 11' -08 "E, 60.00 feet, along said east line, to a point; the west line of the above described easement to be shortened or lengthened as necessary to create a continuous and contiguous easement with a minimum width of thirty (30) feet to meet the south line of the E' /2SE'/4 of said Section 3 and be parallel with and offset thirty (30) feet from the east line of said E '/2SE1/4; the BASE BEARING for this survey is the south line of the SW1/4 of Section 2, T31N R119W, being S89 45' -00 "W; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "MELODY MEADOW, A SUBDIVISION WITHIN THE W' /2SW' /4 SECTION 2 T31N R119W LINCOLN COUNTY, WYOMING dated 30 November 2009, as revised. \Subdivisions\Melody Meadow "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3090 Nevado Regisbullon No. 6805 Scott A. Scherbol Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherb0l, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hol Springs, Idaho Montpelier, Idaho DESCRIPTION FOR BLAIR H. HILLSTEAD REVOCABLE TRUST LYNETTE HILLSTEAD REVOCABLE TRUST MELODY MEADOW To -wit: EXHIBIT B All of Lot 1 of Melody Meadow, a subdivision to be filed in the Office of the Clerk of Lincoln County, secondarily described as follows: BEGINNING at a point on the west line of the W %2SW'/4 of Section 2, T31N R119W, Lincoln County, Wyomiong, S01 11' -08 "W, 973.76 feet, from the northwest comer thereof, identical with the southwest point of that tract of record in said Office in Book 683 of Photostatic Records on page 578; thence N89 47' -40 "E, 30.00 feet, along the south line of said tract in Book 683, to a point; thence N66 44' -49 "E, 186.67 feet, along said south line, to the southeast point thereof; thence S01°-11'-08"W, 430.22 feet, to a point on an irrigation pipeline; thence N89 59' -34 "W, 199.98 feet, along said irrigation pipeline, to a point on said west line; thence N01 11' -08 "E, 356.37 feet, along said west line to the POINT OF BEGINNING; ENCOMPASSING an area of 1.78 acres, more or less; the BASE BEARING for this survey is the south line of the SW%a of Section 2, T31N R119W, being S89 45' -00 "W; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 or 11810 with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "MELODY MEADOW, A SUBDIVISION WITHIN THE W1 /2SW1 /4 SECTION 2 T31N R119W LINCOLN COUNTY, WYOMING dated 30 November 2009, as revised. K t/f 20 April 2010 S/D /Melody Meadow "Modification in any way of the foregoing description terminates liability of the surveyor"