HomeMy WebLinkAbout877399 EASEMENT AGREEMENT
Agreement made, effective as of September 13, 2001, by and between Barry G.
Fullmer Revocable Trust, dated March 17, 1997, and Christine E. Fullmer Revocable
TruSt, dated March 17, 1997, of 522 Bedford-Turnerville Road, Bedford, County of
Lincoln, State of Wyoming and Glenn A. Hackwell and Dorothy A. Hackwell Trust,
dated April 3, 1987, of 1340 Estates Drive, Turlock, County of Stanislaus, State of
California.
The parties recite and declare:
A. The parties have an interest in adjoining real estate situated"in Lincoln
County, State of Wyoming., and described, respectively, as follows:
Barry G. Fullmer Revocabl~ Trust, dated March i7, 1997 and Christine E.
Fullmer Revocable Trust, dated March 17, 1997:
Attached "Exhibit A" Quitclaim Deed recorded in Book 470 Page 85,4 in
the Lincoln County Clerk's Office for and in the County of Lincoln, State of
Wyoming as if fully set forth herein by reference and incorpOration.
Glenn A. Hackwell and Dorothy A. Hackwell Trust, dated April 3, 1987:
Attached "Exhibit B" Warranty Deed recorded in Book 417 Page 361 in
the Lincoln County Clerk's Office for and in the CoUnty of Lincoln, State of
Wyoming as if fully set forth herein by reference and incorporation.
B. The parties desire to create an easement for ingress, egress and between
the above-described adjoining lots owned by them for the benefit of the herein
described real property owned by Glenn A. Hackwell and. Dorothy A. Hackwell Trust,
dated April 3, 1987.
THE PARTIES AGREE, AS FOLLOWS:
The easement for ingress and egress, in favor of the herein described property
owned by Glenn A. Hackwell and Dorothy A. Hackwell Trust, dated April 3, 1987, is
creatbd over the herein described property owned by Barry G. Fullmer Revocable Trust,
Bowers Law Office, P.C. -PR PAGE
106 Hospital Lane
P.O. Box1550 i,.l~''t ..... '~ ~' " ...... ':'~'~l"";r' Ii! Fl:l
Alton, WY 83110
,
dated March 17, 1997, and Christine E. Fullmer Revocable TrUst, dated March 17,
1997, and is described as follows:
All of Cougar, Lane as depicted on Plat No. 194F of record in the Office of the
Clerk of Lincoln County titled, "FINAL PLAT COYOTE HILLS SUBDIVISION
WITHIN THE SE¼SE¼ SECTION 32 T34N R118W LINCOLN COUNTY,
WYOMING"; AND
the north thirty (30) feet of Lot 10 of said Coyote Hills Subdivision; AND
the south thirty (30) feet of Lot 2 of said Coyote Hills Subdivision;
all in accordance with the plat prepared and filed in the Office of the Clerk of
Lincoln County titled, "FINAL PLAT COYOTE HILLS SUBDIVISION WITHIN
THE SE1/4SE¼ SECTION 32 T34N R118W LINCOLN COUNT'Pi WYOMING",
dated 8 March 2001, as revised.
EASEMENT LIMITATIONS
The above-described grant of easement to Glenn A. Hackwell and Dorothy A.
Hackwell Trust, dated April 3, 1987, by Barry G. Fullmer Revocable Trust, dated March
17, 1997, and Christine E. Fullmer Revocable Trust, dated March 17, 1997, shall be
limited in nature as follows:
A. The abOve-described easement shall be for purposes of private ingress and
egresS.
B. The only utilities which shall be allowed to be placed in the above-described
easement shall those utilities necessary for the installation of a telephone line
and water, should the Bedford Water and Sewer District extend their
boundary, to the now existing trailer on the benefitted Property.
C. No commercial use of the above-described easement is granted.
Specifically,, the above-grant of easement shall be only for the priVate use of
" the parties to and from their residence. There shall be no use by heavy
equipment, whether it be commercial use for Glenn A. Hackwell and Dorothy
A. Hackwell or any other party. Only privately owned vehicles and trailers
, shall be allowed to use the above-described easement for ingress and egress
to this now existing trailer and future home on the benefitted property.
Bowers Law Office, P. C,
106 Hospital Lane
P.O. Box 1550
Alton, WY83110
(307) 885-0640 Page 2 of 7
D. The above-described easement is intended to give Glenn A. Hackwell and
Dorothy A. Hackwell the right of ingress and egress to their future residence.
This grant of easement shall only run to the five acres that the now existing
trailer that Glenn A. Hackwell and Dorothy A. Hackwell reside in.
E. In the event that Glenn A. Hackwell and Dorothy A. Hackwell subdivide or sell
any portion of their above-referenced property the above-described grant of
easement shall only run to the future residence and the five acres that the
existing trailer is Iocate¢ on. It shall not run with any other portion of the
easement and this easement shall not be construed or interpreted to give any
other easement, rights to the real property of Glenn A. Hackwell and Dorothy
A. Hackwell Trust, dated April 3, 1987, as described above other than the
residence and the five acres that it is situated on.
F. In the event the existing residence and five acres that it is situated on is
transferred, sold or conveyed to a third party, this easement shall run with the
real property to benefit the existing residence only.
CONSIDERATION
Glenn A. Hackwell and Dorothy A. Hackwell Trust, dated April 3, 1987, agree to
pay the sum of $5,000.00 for this easement on the date Of the execution of this
easement to Barry G. Fullmer Revocable Trust, dated March 17, 1997, and Christine E.
Fullmer Revocable Trust, dated March 17, 1997.
EASEMENT NOT TO INTERFERE WITH THE GRANTORS RIGHTS
The above-named grantees shall use the rights granted by this instrument, with
due regard to the rights of Barry G. Fullmer Revocable Trust, dated March i7, 1997,
and Christine E. Fullmer Revocable Trust, dated March 17, 1997, their heirs, and
assigns, and shall not use the road in anyway that will impair the rights of Barry G,
Fullmer Revocable Trust, dated March 17, 1997, and Christine' E', Fullmer Revocable
Bowers Law Office, P.C.
106 Hospital Lane
P.O. Box f550
Afton, WY 831'10
(307) 885-0640 Page 3 of 7
Trust, dated March 17, '1997, their assi§ns and shall not obstruct the road. This
easement shall be a non-exclusive easement concernin§ the Granters. The Granters
may grant other Third Parties easement rights at any time they feel it is appropriate.
IMPR 0 VEMEN TS
Either party making or desiring to make improvements in the easement (road)
will make them at their own individual expense, unless otherwise agreed on by the
parties.
EASEMENT TO RUN WITH LAND
This grant of easem, ent shall run with the land and shall be binding on and shall
inure to the benefit of the parties to this agreement, their respective heirs, successors,
or assigns.
NOTICES
Any notice provided for or concerning this agreement shall be in writing and be
deemed sufficiently given when sent by certified or registered mail if sent to the
respective address of each party as set forth at the beginning of this agreement.
GOVERNING LA W
It is agreed that this agreement shall be governed by, construed, and enforced in
accordance with the laws of the-State of Wyoming.
ENTIRE AGREEMENT
This agreemen,t shall constitute the entire agreement between the parties and
any prior understanding or representation of any kind preceding the date of this
agreement shall not be binding upon either party except to the extent incorporated in
this agreement.
Bowers Law Office, P.C.
106 Hospital Lane
P.O. Box 1550
Afton, WY83110
(307) 885-0640 Page 4 of 7
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by either
party in connection with this agreement shall be binding only if evidenced in writing
signed by each party or an authorized representative of each party.
In witness whereof, each party to this agreement has caused it to be executed
on the date indicated below.
DATED this i~ day of September, 2001.
BARRY G~ULLMER Trustee
Bar~ GJ;.Fullmer Revocable Trust
~_./' ~, ) ~ . ~-~ ~ ,. .....
CHRISTINE E. FULLMER, Trustee
Christine E. Fullmer Revocable Trust
;'/ ?z~,: '-, - ' "' . .' j
GLENN A. HACKWELL, TruStee
Glenn A. Hackwelt and Dorothy A. Hackwell Trust
DOROTHY~A. HACKWELL. Trustee
Glenn A. Hackwell and Dorothy A. Hackwell Trust, dated
April 3, 1987,
Bowers Law Office, P.C.
106 Hospital Lane
P.O. Box 1550
Alton, WY 83110
(307) 885-0640 Page 5 of 7
STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
The foregoing instrument was executed by Barry G. Fullmer of the Barry G.
Fullmer Revocable Trust, dated March 17, 1997, that he personally appeared before
me and was dually sworn and upon oath represented that he was the trustee of the
Trust that the' foregoing Easement Agreement was executed on behalf of the Trust and
that he~ had authority under the terms under the written Trust and that it was the Trust's
free act and deed of the Trust.
WITNESS my hand and official seal.
:' NOTARY PUBLIC
My Commission Expires: ~?,- ~
COUNTY OF LINCOLN )
The foregoing instrument was executed by Christine E.. Fullmer of the
Christine E. Fullmer Revocable Trust, dated March 17, '1997, that she personally
appeared before me and was dually sworn and upon oath represented that she was the
trustee of the Trust that the foregoing Easement Agreement was executed on behalf of
the Trust and that she had authority under the terms under the written Trust and that it
was the Trust's free act and deed of the Trust.
WITNESS my hand and official seal.
PUBLIO
My Oommi~ion Expire~: ~ -/ .....
Bowers Law Office, P.C.
106 Hospital Lane
P.O. Box 1550
Aflon, WY 83110
(307) 885-0640 Page 6 of 7
STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
The foregoing instrument was executed by Glenn A. Hackwell of the Glenn A.
Hackwell and Dorothy A. Hackwell Trust, dated April 3, 1987, that he personally
appeared before me and was dually sworn and upon oath represented that he was the
trustee of the Trust that the, foregoing Easement Agreement was executed on behalf of
the Trust and that he had authority under the terms under the written Trust and that it
was the Trust's free act and deed of the Trust.
WITNESS my hand and official seal.
My commission expires:
STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
The foregoing instrument was executed by Dorothy A. Hackwell of the Glenn A.
Hackwell and Dorothy A. Hackwell Trust, dated April 3, 1987, that she personally
appeared before me and was dually sworn and upon oath represented that she was the
trustee of the Trust that the foregoing Easement Agreement was executed on behalf of
the Trust and that she had authority under the terms under the written Trust and that it
was the Trust's free act and deed of the Trust.
WITNESS my hand and official seal.
"";~'/; "?"' '" ~" ' :/. :-_'.!.'~ (.,'t (.,,
,
NOTARY Pu~'LIC
My commission expires: - C',
Bowers Law Office, P.C
106 Hospital Lane
P.O. Box 1550
Aflon, WY 831~0
(307) 885~0640 Page 7 of 7
875326 · .:.
:":"KEMMERER, WYOhtlN6
~OWN ALL MEN T~SE P~SENTS, ~t
CI'~S~ E, F~L~R ¢ BAbY G. ~L~R~ Wife ~d H~band,
C~ST~ E. FULL~R, TRUS~E
C~IS~NE E. F~L~R ~VOCABLE TR~ST'~ted 3/17/97
of the Coun~ of L~coln, State of Wyoming.'
in consideration of Ten and 00/100's ($10.00) and other gbod:~nd vfluable conside:ation
to fl~em in h~d paid by
C~istine E. ~llmer,
Trustee of the Ct~istine E. Fullmer Revocable Trust dated 3/17/97
whose address is P.O. Box 4182, Bedford, ~ 83112
The receipt whereof is hereby coeessed and ac~owledged, have remiSS, rele~ed, convey ~d forever
quitcl~ed ~d. by these presents d~ for my heir¢, ~ecutors and adetrator,, remise, :'dease
TROSTEE OF TI-~ C~S~ E. ~'L~R ~OCABLE
he~s ~d ~ssi~ns, forever, all such right, title, ~tere~t, prop6rty, possession, claim
haw, ought to have in or to all tt~ folloMng described premises, to-Mt:
~ ~divded onelhalf inter,st in d~6 following described l~d:
?h¢ ~SE~J of Section 3~, T34~ RllSW of thc dth P.M:, Linco~ Co~ty. Wyoming.
~XCEPTING TH~ROM ~¢ north 7 rods of tlm East 10 rods of Section,32, T34N RI ISW.
~SO LESS CD'ExCEPT tl~e l~d combined in W~r~ Deed recorded
Book 50PR on pa~e ~0 of ~e records of the Lincoln Cowry Cler~.
ALSO LESS AND EXCEPT the Im~d comained in W~m~ Deed recorded Deceit;bet 26, 1995
in Book 378PR on page 92 of the records of De LNeoln CounW Clerk.
ALSO LESS ~D EXCEPT the l~d contained ~ W~W Deed recorded Septe.~::=ber 25. 1997
in Book 402PR on page 228 of the records of ~e Lincoln Coun~ Clerk.
ALSO LESS AND EXCEPT the lm~d contah~ed ~ Quitclaim Deed recorded Maj.'ch 2, 1998 in
Book 408PR on page 400 of the records of fl~e L~coln County Clerk.
~SO LESS AND EXCEPT the land contained ~ Wan~ty Deed recorded
Book 415PR on page 788 o~ [tie records of the Lincoln Coun~ Clerk,
I-Iereby releasing and waiving ~I rights under and by virtue of the homestead exemption laws of State of Wyo~ng. .. ...
TO HAVE AND TO HOLD the said premise~:;~dt; flie-said
Christine E. Fullmer,
Trustee of ~e C~ist~e E. ~l~er Revocable Trust dated 3/17/97
heirs and assigns, to' his ~d their own prope~y use ~d behoof forever, So that neifl~er e~;, nor =~y other
person in my n~¢ or behalf ahdl or w~[ hereafter cl~ or. d~and any right to title to the premises or
~y pan thereof, but they m~d eVe~01l* of fl~em ,~ll by lh~"pt~t~:b', ,Xeluded ~d '~'orew~ Barred.
q 7o
855
STATE O~ WYO~NG
COUNTY OF MNCOLN
Tha foregoing instrument was ac~owledged before meby ~tht~e E. Fullmer ;~nd Ba~ g.
Fulhner, in&vidually, ann as Trustee of the C~istin~ E. Fullm~r ke~.y~able Tins: dat~ 5/17/9~ ~is
~q~ day of August, 2001.. .';"' .
Witness my had a~d offici~ seM.
?~..;. . b;ot~ Public
My Co~ssion Expires: ._ ~ ~ ~1 -0 ~
' ( poun~ ol ~ 'S~te of
~' L,n~ln ~ Wy~lng
~ ~10~ ·
ty ~mm~sslon Expires ~ ' ~
RE~D C, SiiDKES and COLLEEN A,. STOKES,. husband and wife
~,e.tora: o[ Bedford , c~.ty of Lincoln ,
GLENN A ttAC~WEI;t, anti ~RU.[t~ A. liA~I~ELL, Co-l~ustee~ o~ the ~tenn
~nd ,Dorothy A, Uackwell Trust dated. April 3, ~987
g,~n,. ~ 'or 1340 Estzt~s Driva, 'tMrl. ock, ~ 95380
for the ium o{ Ten Dollar~ and other go~ and vaku'able consideration ............
th~ (ollowlng ae,eH~aa ,,,~, o~ land in Li~col~l county,
Stmt~, to-wit ~
SEE AI'rAOIED EXII%BIT "A"
$0bject to restrictions and reservations 'co. tained in the Uni,~ed States Patent
and to easements and rights-of-bay pf record or in uss.
'l'og~th~r with all imrpovemm~t~ and Bppurtetmnce~
'[~E~IER WI'Ill ANY AND ALL HINERAL l{~.glrl'S GRA~R PRESEg,t'LY O~S.
~ ' ~: ~' T' .' ' '""~' "'"'::"' "
'-' " ," .. '
WII'NE'8fi, ill. hand s of ~sld §w,.tor ,~ , thl~ ~ ~ d,y of Novmnbsr A. D, 19 94
~l~ntd 1. the presence ol '~, e
Co,~,t~ or. Lincoln
~n.y No. Fe~ $
' on th, ~ ~ ds? o~ Nov~r ,
A, [~, 19 94 . pe.o,,~ily ~ppe,~ed before ma "
j -.. ' PgATT~D ~ A8ST~ACT~D~
.: R~ C' S~okes and .~l. le~n A,
........ an~nowledg~d~o me.th~t'""'~ke~{ exe~utedth~me
XHIBIT NO. ' _
.:. ...... ' .......... . ...........................
GWi/4 SEI/4i Lhor'~ce ~0'o5'67"E ~J, oI'I~.l mai. ii EarL Lido arid t'.ho
said NWl/4' 8E'1/41 Lhence SS~ G7'og"E alono't, lle Iqoyth ~[1{~ of tile