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Home My WebLink About954692RECEIVED 8/4/2010 at 2:56 PM RECEIVING 954692 BOOK: 751 PAGE: 552 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 5 TEMPORARY EASEMENT AND RIGHT OF WAY KNOW ALL MEN BY THESE PRESENTS, that for Five Thousand Dollars ($5,000.00) and other good and valuable consideration, receipt whereof being hereby acknowledged, FLYING W LAND AND LIVESTOCK Company, a Wyoming corporation, hereinafter called the "Grantor", hereby grants and conveys to CLOUDVEIL RANCHES, LLC, a Wyoming limited liability company, of 610 W Broadway, Suite 201, Jackson, Wyoming, 83001, whose mailing address is P.O. Box 40, Jackson, Wyoming, 83001, hereinafter called the "Grantee a temporary easement and right of way, in, on, over, across, and through that property of Grantor in Lincoln County, Wyoming located in T25N, R117W, 6 P.M. Said easement being more particularly described as follows: A temporary thirty (30') foot easement for ingress and egress beginning at the centerline of the Lincoln County Hams Fork Highway and traveling north along the east side of the W2NW4 of Section 15 Township 25 North Range 117W of the 6 p.m., and then traveling west along the south side of the W2SW4 of Section 10 Township 25 North Range 117 West of the 6th P.M. (Hereinafter the Easement Area). The easement and right of way granted herein is temporary in nature and shall expire and be of no further force and effect one hundred twenty (120) days from the date of this Easement and Right of Way. Grantor expressly reserves for itself, its successors and its assigns, the right to use the Easement Area or to grant other easements or licenses at the same location so long as such uses do not unreasonably interfere with the rights herein granted. This Easement is subject to all liens, encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining to the property, whether or not of record. The use of the word "grant" shall not imply any warranty on the part of the Grantor with respect to the Easement or the Easement Area. Grantee shall comply with all applicable laws, ordinances and regulations, including but not limited to all applicable regulatory, environmental and safety requirements at Grantee's sole cost and expense. Grantee shall not use, deposit or permit the use or deposit of any hazardous material or toxic waste or other harmful substances on the property or on any other real property of Grantor adjacent to the Easement Area. The Grantee shall repair or replace any items that it shall move from the conveyed property, shall repair any damage by reason of the Grantee's use of the 2 r;C: 553 property as contemplated by this easement and shall close and secure all gates when using the easement property. Grantee shall not materially interfere with the use by and operation and activities of Grantor on its property, and Grantee shall use such routes and follow such procedures on Grantor's property as result in the least damage and inconvenience to Grantor. Grantee shall be responsible for any damage to Grantor's property or that of third parties resulting from any exercise of the rights herein granted, including but not limited to soil erosion, or damage resulting therefrom. Grantee shall promptly repair and restore to its original condition any of Grantor's property, including, but not limited to, roads, utilities, landscaping and fences that may be altered, damaged or destroyed in connection with Grantee's exercise of the Easement or use of the Easement Area. This Grant of Easement is made on the express condition that Grantor is to be free from all liability by reason of injury or death to persons or injury to property from whatever cause arising out of Grantee, their contractors', agents', officers', members', employees', invitees', or licensees' exercise of rights granted pursuant to this Easement or use of the Easement Area or of the improvements or personal property of Grantee thereto or thereon, including any liability for injury or death to the person or property of Grantee, its contractors, agents, officers, members, employees, invitees, or licensees or to any property under the control or custody of Grantee. Grantee hereby covenant and agree to defend and indemnify Grantor, its officers, employees, agents, invitees and guests and save them harmless from any and all liability, loss, costs, or obligations on account of, or arising out of, any such injury or losses caused or claimed to be caused by the exercise of the Easement or use of the Easement Area by Grantee, however occurring, other than those caused solely by the willful or negligent acts or omissions of Grantor. All rights of the Grantee, its successors and assigns, held with regard to this Temporary Easement and Right of Way shall expire and be of no further force and effect, 120 days after the date of this easement. Upon termination of the temporary easement and right of way, any and all interest in Grantor's property conveyed by this Temporary Easement and Right of Way shall automatically revert to Grantor or its assigns and successors, without the necessity of any further action to effect said reversion. The Temporary Easement and Right of Way does not run with the land, however Grantee may assign, pledge, quitclaim or otherwise convey its remaining rights granted herein. Any such pledge, assignment, quitclaim or conveyance shall only convey the remaining portion of the 120 days granted herein. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect except in a subsequent modification in writing, signed by the party to be charged. 3 ATTEST: Dated effective the day of Inger K, Lundershausen, Secretary WITNESS my hand and official seal. THE STATE OF CALIFORNIA ss COUNTY OF WITNESS my hand and official seal. GRANTOR: FLYING W LAND AND LIVESTOCK COMPANY, a Wyoming corporation BY: Karen Shaver, President THE STATE OF CALIFORNIA ss COUNTY OF The above and foregoing instrument was acknowledged before me by Karen Shaver, who is the President of Flying W Land and Livestock Company, a Wyoming corporation, this day of 2010. The above and foregoing instrument was Lundershausen, who is the Secretary of Flying Wyoming corporation, this day of 3 Notarial Officer Notarial Officer 2010. acknowledged before me by Inger K. W Land and Livestock Company, a 2010. California All- Purpose Acknowledgment State of California County of Orange On 08/02/10 appeared *Karen Shaver who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS •y ban and.offici I-kal. re Signatu Description of Attached Document before me, Ervin M Garcia notary public, personally E VIN.M. A Notary b N Public—California aary 010CArtsn.6pF (Seal) Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Title or Type of Document: Temporay Easement And Right Of Way Document Date: August 2, 2010 of Pages: 3 Signer(s) Other Than Named Above: ar ATTEST: itich Inger C. Lundershausen, Secretary Dated effective the day of 2010. THE STATE OF CALIFORNIA ss COUNTY OF The above and foregoing instrument was acknowledged before me by Karen Shaver, who is the President of Flying W Land and Livestock Company, a Wyoming corporation, this day of 2010. WITNESS my hand and official seal. THE STATE OF CALIFORNIA COUNTY OF PIq C.2V BY: 4 The above and foregoing instrument was acknowledged before me by Inger K. Lundershausen, who is the Secretary of Flying W Land and Livestock Company, a Wyoming corporation, this day of 0 cr ASA 2010. WITNESS my hand and official seal. 1- r s s MELISSA A. WEBBER COMM. #1800109 8 NOTARY PUBLIC CALIFORNIA PLACER COUNTY My Comm. Expires June 2, 2012 GRANTOR: FLYING W LAND AND LIVESTOCK COMPANY, a Wyoming corporation Karen Shaver, President Notarial Officer (2 44 J' oe.471:„. Notarial Officer