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HomeMy WebLinkAbout961154Zane K. Hathaway and Linda Hathaway, husband and wife, of 856 Spring Creek Road, P.O. Box 51, Fairview, WY 83119, Grantors, Grant and convey to Kellan Bagley and Shelly Bagley, husband and wife, of 858 Spring Creek Road, Fairview, WY 83119, and Lorain J. Bagley and Geraldine R. Bagley revocable trust dated 22 November 1993, of 3323 Crow Creek Road, P.O. Box 52, Fairview, WY, 83119, Grantees, EASEMENT 000332 The following described perpetual right -of -way easement for the following purposes: 1. Purpose of Easement. This easement is for the purpose of providing a perpetual, nonexclusive easement for ingress and egress and all underground utilities to the properties described in paragraph 3, including the right to construct and maintain a roadway to provide that ingress and egress and for all underground utilities. 2. Conditions of this Easement. The conditions of this easement are: a. It is a common, nonexclusive easement for the mutual benefit of all grantees and their respective lands. b. The easement may not be fenced by any of the Grantees without the prior written consent of the Grantor(s) over whose land that portion of the easement is located and Grantee(s) may desire to fence. c. Grantors have no duty to construct, operate, or maintain any roadway or underground utilities constructed in the described easement. Those landowners who develop or use the easement for ingress and egress or utilities are responsible for the cost of construction of any road or utilities and the cost of the subsequent operation and maintenance of such improvements. d. Grantees, their heirs and assigns, hereby waive any and all claims that they may have at the present or in the future against the Grantors related to Grantees' use, operation or maintenance of the herein described easement. By accepting, using or allowing any third parties to use the herein described easement Grantees assume the risk of any and all damage including property or personal damage. 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: Lorain J. Bagley and Geraldine R. Bagley Revocable Trust GLO Lot 1 S. 21, NE1 /4NE1/4, 344PR 479, and GLO Lot 2 S.21, NW1 /4NE1/4, 344 PR 479 (2) of Section 21, T31N, R119W, Lincoln County, Wyoming. Kellan Bagley Tract That part of GLO lot 1 and part of GLO Lot 2 of Section 21, T31N R119W, Lincoln County, Wyoming beginning at a point, S71 -43' -55 "W, 1076.19 feet, from the northeast corner of said Section 21; thence S00 -09' -23 "W, 417.42 feet, to a point; thence N89 -50' -37 "W, 521.78 feet, to a point; thence N00 RECEIVED 9/27/2011 at 12:01 PM RECEIVING 961154 BOOK: 773 PAGE: 332 JEANNE WAGNI JILL H. LARSON NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires June 20, 2015 000333 09' -23 "E, 417.42 feet, to a point; thence S89 -50' -37 "E, 521.78 feet, to the point of beginning. 4. Description of Easement. The easement is described on addendum 1 ((60) foot easement across Zane Hathaway Property. 5. Binding Effect. The terms and conditions of this easement shall be binding upon and inure to the benefit of the heirs, successors in interest and assigns to the parties named in this instrument. 6. Waiver of Homestead Rights. The grantors hereby waive and release all rights to the described easement under and by virtue of the homestead exemptions laws of the State of Wyoming to the extent that such rights may interfere with the purposes of this easement. IN WITNESS WHEREOF, we have hereunto set our hands as of the day of September 2011. .,›Z ASIA. la, 9-472-// /c/ NOTARY PUBLIC State of Wyoming )ss County of Lincoln The foregoing instrument was acknowledged before me by Zane K. Hathaway and Linda Hathaway, on this 23' day of September, 2011. My commission expires June 20, 2015 JILL H. LARSON NOTARY PUBLIC County of State of Lincoln n Wyoming My Commission Expires June 20, 2015 000334 'rofessional Land Surveyors .aul N. Scherbel Nyo. Registration No. 164 Jtah Registration No. 1670 daho Registration No. 3990 9evada Registration No. 6805 Scott A. Scherbel Nyo. Registration No. 3889 daho Registration No. 8026 Jtah Registration No. 372111 MARLOWE A. SCHERBEL Nyo. Registration No. 5368 Surveyor Scherbel, LTD. 4fton, Wyoming Sig Piney, Wyoming Jackson, Wyoming _ava Hot Springs, Idaho vlontpelier, Idaho DESCRIPTION FOR KELLAN BAGLEY AND SHELLEY BAGLEY To -wit: 23 September 201 i i 061? trl el( V 01 000335 SIXTY (60) FOOT EASEMENT ACROSS ZANE HATHAWAY PROPERTY That part of the following described strip of land lying and being situate within that tract of record in the Office of the Clerk of Lincoln County in Book 424 of Photostatic Records on page 309: A strip of land sixty (60) feet in width, for ingress and egress and utilities over, under and across GLO Lot 1 and GLO Lot 2 of Section 21, T31N R119W, Lincoln County, Wyoming, described as follows: BEGINNING at a point on the north line of said Section 21, N89 38' -59 "E, 199.95 feet, from the southwest corner of the SEY4 of Section 16, T31N R119W; thence S08 37' -57 "W, 60.75 feet, to a point; thence N89 38' -59 "E, 683.45 feet, along a line parallel with said north line, to a point; thence S46 51' -39 "E, 178.48 feet, to a point at the beginning of a circular curve to the right; thence southeasterly, 160.45 feet, along the arc of said curve, through a central angle of 48 24' -54 with a radius of 189.88 feet, and a chord bearing S22 39' -12 "E, 85.37 feet, to a point; thence S89 50' -37 "E, 60.01 feet, to a point at the beginning of a non- tangent circular curve to the left whose radius bears N88 46' -54 "W; thence northwesterly, 209.69 feet, along the arc of said curve, through a central angle of 48 04' -45 with a radius of 249.88 feet, and a chord bearing N22 49' -16 "W, 203.59 feet, to a point; thence N46 51' -39 "W, 202.41 feet, to a point on said north line; thence S89 38' -59 "W, 697.89 feet, along said north line, to the POINT OF BEGINNING; the BASE BEARING for this survey is the north line of the NEY4 of Section 21, T31N, R119W, being N89 38' -59 "E; 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, "LORAIN J. BAGLEY AND GERALDINE R. BAGLEY REVOCABLE TRUST DATED, 22 NOVEMBER 1993 PLAT OF KELLAN BAGLEY FAMILY EXEMPTION TRACT AND ACCESS EASEMENTS WITHIN GLO LOT 1 GLO LOT 2 SECTION 21 T31N R119W LINCOLN COUNTY, sated 25 July 2011, as revised. SG�E "Modification in any way of the foregoing description terminates liability of the surveyor"