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HomeMy WebLinkAbout960416RECE04/ TU_m_r...... at 1:29 PM RECEIVING 960416 BOOK: 770 PAGE: 670 JEANNE. WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ASSIGNMENT OF EASEMENT This Assignment of Easement is entered into this j day of 4 and between Battlefield, Inc., A Wyoming Corporation "Assignor' of P r" WY 82941, and Spring Canyon Ranches Homeowners Association, Inc., A Corporation. "Assignee of PO Box 56, Frontier, WY 83121, hereinafter to as the parties. RECITALS Page 1 of 4 00067 2011, by Box 1025, Pinedale, Wyoming Nonprofit collectively referred 1. Pursuant to a Grant of Easement executed by Lillian E. Harrower "Grantor on June 21, 1982, and recorded with the Lincoln County Clerk, Lincoln County Wyoming, on June 21, 1982, as document number 579419 (the "Easement a copy of which is attached hereto and made a part hereof by reference, Lillian E. Harrower granted unto Battlefield, Inc., A Wyoming Corporation, its successors and assigns, "Grantee an easement and right -of -way to construct, maintain, modify, repair, upgrade and remove a roadway to provide subdivision access to Grantee's land situate in Section 11, T 24 N, R 116 W, 6 t17 P.M.., Lincoln County Wyoming, said easement to run on, over, under, through and across certain lands situate in the Northeast Quarter (NE /4) of Section 12, T 24 N, R 116 W, of the Sixth Principal Meridian, Lincoln County, more particularly described as follows: All that portion of the North Half of the North -east Quarter (N /2NE /4) of Section 12, Township 24 North, Range 116 West, being bounded by the North -South Center line of said Section 12, the East line of said Section 12, 60 feet wide and parallel lines being 30 feet on either side, measured at right angles to the following described center line: Beginning at a point on the North -South center line of said Section 12, which is located South 0 °49'18" East, a distance of 440.04 feet from the North Quarter corner of said Section 12; thence South 78 °00'00" East, a distance of 193.17 feet; thence North 70 °12'00" East, a distance of 468.44 feet; thence South 68 °16'02" East, a distance of 217.30 feet; thence South 59 °34'21" East, a distance of 356.71 feet to a point on the East line of said Section 12, which is located South 0 °44'59" East, a distance of 1134:64 feet from the Northwest corner of said Section 12. Said easement has a total length of 2970.88 feet and a total area of 178,252.80 square feet or 4.092 acres, more or less; together with all rights incident or appurtenant thereto, or use in connection therewith. 2. As additional consideration under the Grant of Easement, Grantee is required to build and maintain at both terminal points of said Easement a cattle guard, both of which cattle guards shall be built and maintained to the specifications for the building and maintenance of cattle guards now or hereafter in force by the Bureau of Land Management of the United States Department of the Interior for the grazing district within which such lands are situate, or to such other lesser specifications as the Grantor may, in writing, agree. 3. Grantor, reserved the right, for herself, successors and assigns, under the Grant of Easernent to use and enjoy the above described premises, except as to the rights granted by the Easement, and Grantor agreed not to build, create or construct or permit to be built, created or constructed, and obstruction, or other structures on said lands which would interfere with said roadway, or Grantee's rights under the Grant of Easement. 4. The Easement is deemed to be a continuing covenant running with the land and is binding upon the legal representatives, successors and assigns of Grantor, and is to remain in full fore and effect until such time as Grantee may abandon and remove such roadway from the above described premises. AGREEMENT 000691 NOW, THEREFORE, in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Assignor hereby quitclaims and assigns to Assignee, without warranties, all of Assignor's rights, title, interest, liabilities, obligations and duties as Grantee arising under the terms of the Easement, as permitted by the Easement. 2. Assignee hereby accepts the assignment of all of the rights, title, interest, liabilities, obligations and duties of Assignor as Grantee under the Easement and agrees to carry out the duties and obligations of Grantee under the Easement. 3. Assignee agrees that Assignee shall use the Easement rights only in strict accordance with the rights, title, interest, liabilities, obligations and duties as described in the Easement. 4. As part of the consideration for this Assignment, Assignee expressly assumes all liabilities, obligations and duties of Assignor pertaining to the Easement. By assuming such liabilities, obligations and duties, Assignee hereby expressly releases and discharges Assignor from all liabilities, obligations and duties pertaining to the Easement. It is acknowledged and agreed that Assignor shall not be responsible for the discharge and performance of any duties or obligations to be performed or discharged in connection with the Easement, after the execution of the Assignment by the parties. By acceptance of this Assignment, Assignee, to the extent permitted by law, agrees to indemnify, save and hold harmless Assignor from and against any and all loss, liability, claims or causes of action existing in favor of or asserted by any Person arising out of or relating to Assignee's failure to perform any duties or obligations set forth in the Easement or in connection with the Easement. Page 2 of 4 5. Assignee expressly assumes and agrees to keep, perform and fulfill all covenants, terms and conditions of the Easement. 6. The invalidity of one or more phrases, sentences, clauses, sections or subsections contained in this Assignment shall not affect the validity of the remaining portions of the Assignment so long as the material purposes of this Assignment can be determined and carried out. 7. This Assignment shall be binding upon and inure to the benefit of the Parties, their successors and assigns. 8. This Assignment may be signed in any number of counterparts and each counterpart shall represent a fully executed original as if signed by both Parties. 9. This Assignment represents the entire agreement between the Parties and no additional or different representation, promise or agreement, oral or otherwise, shall be binding on any of the Parties hereto with respect to the subject matter of this instrument, unless stated in writing explicitly referring to this Agreement and signed by the Parties. IN WITNESS WHEREOF, the parties have executed this document effective as of the day and year first above written. Assignor "V V efield, Inc., A Wyoming Corporation By: Cecilia C. Richardson, President STATE OF n Li) ss. COUNTY OFT 1 L TNESS my hand and official seal. Page 3 of 4 Cr a s 1 p ©p, r S omING 0006 The foregoing instrument was acknowledged before my by Cecilia C. *chardson, as President of Battlefield, Inc., Assignor, on this j 5 day of 2011. Notary Public My Commission Expires Assignee Sp. Canyon Ranches Homeowners Association, Inc. B ack Simmerman, President STATE OF 1 ss. COUNTY OF Y The foregoing instrument was acknowledged before my by Jack Siinmerman, as President of Spring Canyon Ranches Homeowners Association, Inc., Assignee, on this 22r1 day of 2011. WITNESS my hand and official seal. rf�� �.t Notary Public M commission e l My Commission Expires I/ Z' /6 7 4 ee B \'0 Page 4 of 4 00 3 GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS, that LILLIAN E. HARROWER, a single person of the County of Lincoln, State of Wyoming, hereinafter referred to as "Grantor for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does grant and convey unto BATTLEFIELD, INC., a Wyoming corporation, having its principal office at P.O. Box 946, Kemmerer, Wyoming 83101, its successors and assigns, hereinafter referred to as "Grantee an easement and right -of -way to construct, maintain, modify, repair, upgrade or remove a roadway to provide subdivision. access to Grantee's lands situate in Section 11, T 24 N, R 116 W, 6th P.M., Lincoln County, Wyoming, said easement to run on, over, under, through and across certain lands situate in the Northeast Quarter (NE /4) of Section 12, T 24 N, R 116 W, of the Sixth Principal Meridian, Lincoln County, more_ particularly described as follows: Ali that portion of the' North Half of the North- east Quarter -(N /2NE /4) of Section 12, Township 24 North, Range 116 West, being bounded by the North South center line of said Section 12, the East line of said Section 12, 60 feet wide and parallel lines being 30 feet on either side, measured at right angles to',the following described center line: Beginning at 'a point on the North -South center line of said Section 12, which is located South 0 °49'18" East, a distance of 440.04 feet from the North Quarter corner of said Section 12; thence.South 78 °00'00" East, a distance of 193.17 feet; thence North 70 °12'00" East, a distance of 468.44 feet; thence South 68 °16'02" East, a distance of 217.30 feet; thence South 59 °34'21" East, a distance of 356.71 feet to a point on the East line of said Section 12, which is located South 0 °44'59" East, a distance of 1134.64 feet from the Northwest corner of said Section 12. Said easement has a total length of 2970.88 feet and a total area of 170,252.80 square feet or 4.092- acres, more or less; together with all rights incident or appurtenant thereto, or used in connection therewith. As additional consideration hereunder, Grantee shall build and maintain at both terminal points of said easement a cattle guard, both of which cattle guards shall be built and maintained to the specifications for the building and maintenance of catt :le guards now or hereafter in force by the B of Land Management of the United States Department of the Interior for the grazing district within which such lands are situate, or to such other lesser specifications as Grantor may, in writing, agree. Grantor, her successors and assigns, shall have the right to use and enjoy the above described premises, except as to the rights herein granted, and Grantor agrees not to build, create or construct or permit to built, created or constructed, any obstruction, or other structures on said lands which would interfere with said roadway, or Grantee's rights hereunder. 4i1 1982. The State of Wyoming ss. County of p i I My Commission Expires: ;,.A /41 l i 1 vv l 1 V G J :JO 9- P.3 000675 This Grant of Easement -shall at all times be deemed to be and shall be a continuing covenant running with the land and shall be binding upon the legal representatives, successors and assigns of Grantor, and shall retain in full force and effect until such time as Grantee may abandon and remove such roadway from the above described premises. WITNESS my hand this 1 day of i C ;r J LILLIAN E. HARROWER Before me, a notary.publicr within and for said County and State, on this ....2%/ day of •1:: r 1982, personally appeared Lillian E. Harrowr, to me personally known to be the identical person who executed the within and foregoing instrument and acknowledged to me that she executed the same as her, free and voluntary act and deed for the uses and purposes therein set forth. WITNESS my hand official seal. r' 1 ,7 /i Notary Pu lic