HomeMy WebLinkAbout873585RECI~I.~~GD
LiNCCEi_i~I 0[il" TY CLERK,
EASEMENT AND OPTION FOR PRIVATE ROAD
BOOK- 65 PR PAGE 380
RECITALS KEt,ir' LI`tc:fz ''1'C1,1li'ds,
1. Don Corwin Aullman and Patricia L. Aullman are the owners of a lot or parcel of
real property situated in the County of Lincoln, State of Wyoming.
2. That the County of Lincoln, State of Wyoming is the owner of a lot or parcel of
real property situated in the County of Lincoln, State of Wyoming.
3. That the County of Lincoln, State of Wyoming is desirous to obtain a easement
and an option for a private road across the real property now owned by Don Corwin
Aullman and Patricia L. Aullman.
4. That the parties have entered into a separate real estate contract which will
serve as consideration for a separate contract dated April of 2000 which shall serve as
consideration for Don Corwin Aullman and Patricia L. Aullman's grant of an easement and
an option for a private road in this matter.
II EASEMENT AND/OR PRIVATE ROAD
Don Corwin Aullman and Patricia L. Aullman agree to grant to Lincoln County an
easement to their above described property. In addition, they agree to give an option to
Lincoln County that Lincoln County shall have the right to convert the below described
easement to a private road at any time within thirty (30) years of the execution of this
document. Don Corwin Aullman and Patricia L. Aullman state that this provision of the
contract shall become an effective easement and/or private road at the date of the
execution of this document and the transfer of the Warranty Deeds between the parties.
In the event that the parties fail to transfer the real property as set forth in this document,
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this portion of the contract shall become null and void and there shall not be any easement
or right to a private road to the Aullman's above described property. The Aullmans
specifically state that once their above described real property is transferred to Lincoln
County, this easement and option for private road shall become valid and in force allowing
third parties to rely on the following language giving Lincoln County the rights of an
easement and/or private road to the real property.
III DESCRIPTION OF EASEMENT AND/OR PRIVATE ROAD
A portion of the E'/SW'/ of Section 14, T34N, R1 19W, of the 6th P.M., in the
Town of Thayne, Lincoln County, Wyoming being more particularly
described as follows:
The True Point of Beginning being an Iron Pipe set at a point in the East
R/W line of U.S. Highway 89, said point being 268.36 feet, along a 1859.86
feet radius curve to the Right (cord bears N31 °37'00""W 268.13 feet),
through a central angle of 8"16'02", from the State Highway type Monument
found marking Station PC 1454+56.3, 50 feet Right; thence, continuing along
said 1859.86 feet radius curve to the Right (chord bears N26°29'12"W 64.69
feet), through a central angle of 1059'34", 64.69 feet to an Iron Pipe set;
thence N85°27'23"E 488.80 feet to an Iron Pipe set; thence South 60.19 feet
to an Iron Pipe set; thence S85°27'23"W 459.86 feet, to the True Point of
Beginning, containing 28,471.973 Sq. Ft. or 0.654 Acres of land.
IV CONVEYANCE OF EASEMENT
Don Corwin Aullman and Patricia L. Aullman hereby agree to grant and convey for
an indefinite period of years, from the effective date of this conveyance to Lincoln County,
State of Wyoming an easement for the purposes of egress and ingress and the right to
install utilities in any manner over and under the easement to the following real property:
A portion of the E'/ SWY4 of Section 14, T34N, R1 19W, of the 6th P.M. in the
Town of Thayne, Lincoln County Wyoming being more particularly described
as follows:
The True Point of Beginning being an Iron Pipe set 321.32 feet N81 °
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0873585
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34'40"E from the State Highway type Monument found marking Station
PC1454+56.3, 50 feet Right; thence North 514.10 feet to an Iron Pipe set;
thence S88°47'35"E 271.01 feet to an Iron Pipe found; thence S 1015'08"W
469.91 feet to an Iron Pipe found; thence S81 034'40"W 263.52 feet, to the
True Point of Beginning, containing 130,683.39 Sq. Ft. or 3.000 Acres of
land.
TOGETHER WITH: a 60-feet Easement (Private Road) for Ingress, Egress
and Utilities, being more particularly described as follows:
The True Point of Beginning being an Iron Pipe set at a point in the East
RAN line of U.S. Highway 89, said point being 268.36 feet, along a 1859.86
feet radius curve to the Right (chord bears N31 °37'00"W 268.13 feet),
through a central angle of 8016'02", from the State Highway type Monument
found marking Station PC1454+56.3, 50 feet Right' thence, continuing along
said 1859.86 feet radius curve to the Right (chord bears N26029'12"W 64.69
feet), through a central angle of 1059'34", 64.69 feet to an Iron Pipe set;
thence N85°27'23"E 488.80 feet to an Iron Pipe set; thence South 60.19 feet
to an Iron Pipe set; thence S85°27'23"W 459.86 feet, to the True Point of
Beginning, containing 28,471.973 Sq. Ft. or 0.654 Acres of Land.
V. SPECIFIC GRANT OF EASEMENT
The right of way conveyed and released by this instrument is for the sole purpose
of Lincoln County using the easement for egress and ingress to the above referenced
property. The Aullmans grant to Lincoln County the right to maintain the easement in a
reasonable manner as decided by Lincoln County. Lincoln County shall decide how and
when to maintain the easement and there shall be no restrictions upon Lincoln County in
their efforts to maintain the easement. In addition, Lincoln County may improve the
easement in any manner itfeels is appropriate including, grading, graveling, and/or paving
the easement to allow them easier access to the above described real property.
VI. RESTRICTIONS ON THE GRANT OF EASEMENT
The easement shall be constructed and maintained in a good and workman like
manner. The expense of construction an maintenance of the easement shall be borne by
Lincoln County. Don Corwin Aullman and Patricia L. Aullman, their heirs and/or
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successors in interest shall not be responsible for any costs associated with the
maintenance of the easement.
VII. OPTION TO CONVERT EASEMENT TO A FEE SIMPLE PRIVATE ROAD
Don Corwin Aullman and Patricia L. Aullman their heirs and successors in interest,
specifically state and declare that they grant to Lincoln County, State of Wyoming the right
to convert the above described easement to a fee simple interest being granted to Lincoln
County, State of Wyoming for the purposes of constructing and conducting a private road
to the above described real property. This option shall be available to Lincoln County for
the period of thirty (30) years from the date of the execution of this document and the
transfer of the Warranty Deeds by the parties, whichever is later. The Aullmans agree that
if they are requested by Lincoln County, State of Wyoming to convert the above stated
easement to a fee simple estate, that the Aullmans, their heirs, and/or successors in
interest shall execute any and all necessary documents to grant the fee simple interest in
the easement to Lincoln County. The description of the fee simple interest shall be the
same description as contained in this document referring to the grant of the easement. If
Lincoln County requests that the easement be converted to a fee simple interest in the
property, Lincoln County agrees that it will not use the fee simple interest for a public
access. The intent of the parties is that if Lincoln County requests that the easement be
converted to a fee simple interest, that they will use the road for the purposes of a private
road for ingress and egress to their property being transferred to them, from U.S. Highway
89. In the event Lincoln County converts their easement granted to them from the
Aullmans to a private road, Lincoln County hereby agrees to grant to Don Corwin Aullman
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and Patricia L. Aullman an easement for ingress and egress and for utilities above and
below the ground to any and all of the property now owned by the Aullmans, their heirs or
successors in interest adjacent to the herein described easement granted to Lincoln
County and/or private road.
VIII. GRANT OF RIGHTS TO LINCOLN COUNTY TO RESTRICT
ANY AND ALL OTHER USE OF THE ABOVE DESCRIBED EASEMENT
Don Corwin Aullman and Patricia L. Aullman specifically grant to Lincoln County the
right to restrict any and all third parties from interfering with or causing difficulties with the
use of the easement to the above stated property. The use of the easement will be
governed by the current and future Lincoln County policies, rules and regulations
concerning county roads in the County of Lincoln, State of Wyoming. However, these
restrictions on the use of county roads shall not infer that this shall be a public easement
in any manner. Specifically, Don Corwin Aullman and Patricia L. Aullman grant to Lincoln
County, State of Wyoming, the right to remove any and all material in any manner or form
placed within the easement by "any" party.
IX. EASEMENT TO RUN WITH THE LAND
This grant of easement and/or option to have the easement transferred to a fee
simple interest shall run with the land and shall be binding on and shall be to the benefit
of the parties to this agreement, their respective heirs, successors, or assigns.
X. RESERVATION BY DON CORWIN AULLMAN AND PATRICIA L. AULLMAN
In the event that Lincoln County elects to use the option to convert the herein
described easement to a private road, Lincoln County hereby agrees to at that point to
grant back to Don Corwin Aullman and Patricia L. Aullman their respective heirs,
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0873585
38,)
successors in interest and/or assigns the right for an easement of egress, ingress and to
install utilities above and below the ground to any adjacent property now owned by Don
Corwin Aullman and Patricia L. Aullman. Lincoln County agrees to be responsible for the
cost of the preparation of all documents related to converting the easement to a private
road and granting the herein described reservation of an easement back to Don Corwin
Aullman and Patricia L. Aullman.
DATED this day of, 2001.
DON CORWIN AULLMAN
PATRICIA L. AULLMAN
It
LINCOLN COUNTY BY:
KATHLEEN DAVISON, CHAIRMAN
LINCOLN COUNTY COMMISSION
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Jeanne vvagner V
Lincoln County Clerk
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..'73585
8 eY
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
SUBSCRIBED ANS SWORN to before me this --;Y day of, 2001 by
Don Corwin Aullman and Patricia L. Aullman, husband and wife.
WITNESS my hand and official seal.
G
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Bill' mto
30 CONJOIN
My commission expires: 7 -/S-aool
NOTAR UBLIC
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by Kathleen Davison, the
Chairman of the Lincoln County Board of County Commissioners, appeared before me and
was personally known to me, and was by her duly sworn and upon oath represented that
she signed on behalf of the Lincoln County Board of County Commissioners, by the
authority of the Lincoln County Board of County Commissioners and that she executed the
instrument on behalf of the Lincoln County Board of County Commissioners being the free
act and deed of the Lincoln County Board of County Commissioners this l 41 , day
of -TYY cA.ch 12001.
WITNESS my hand and official seal.
7LINCOLN NOTARY PUBLIC
, STATE OP
WYOMING
ES 9-o)-
My commission expires :
Uumvy-~, G
NOTARY PUBLIC
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