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HomeMy WebLinkAbout963584EASEMENT Gary L. Hedges and Linda S. Hedges, husband and wife, of Smoot, Lincoln County, Wyoming, grantors, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grant and convey to Clayne E. Reeves and Cheryl Ann Reeves, a husband and wife, of 484 Lincoln County Road No. 12 -149, Smoot, WY 83126, grantees, the following described non exclusive, perpetual right -of -way easement for the following purposes: 1. Purpose of Easement. This easement is for the purpose of providing a perpetual non exclusive right -of -way easement for ingress and egress and all utilities to the property described in Paragraph 3 including the right to install, construct, reconstruct, repair, replace and maintain a bridge over the Salt River, a roadway, and all utilities, and including the right to inspect the easement. However, this Easement is not for the purpose of providing or creating a public right of way or access to any public lands. 2. Conditions of this Easement. The conditions of this easement are: a. Grantees shall not fence the roadway without Grantors' prior, written consent. b. Grantees shall be responsible for and pay all costs of constructing and maintaining any and all improvements on the easement. c. Any and all utilities installed in the easement by Grantees shall be underground except the approaches to and from the bridge and over the bridge to be constructed. d. Grantees shall hold Grantors harmless from any liability, injury, damage or claim by any person whomsoever using or traveling upon the easement, whether or not such use is with or without the permission, consent or knowledge of the Grantees; excepting, however, any such claim arising from the use of the easement by the Grantors or by persons using the roadway with the express permission of the Grantors. 1 00627 RECEIVED 3/9/2012 at 11:11 AM RECEIVING 963584 BOOK: 782 PAGE: 627 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: All of those lands described on that certain Quit Claim Deed recorded in the Office of the Lincoln County Clerk on May 11, 2005, Book 585 PR, Page 110, that are located south of Lincoln County Road No. 12 -149. 4. Description of Easement. The easement is described as follows: A variable width strip of land for ingress, egress and utilities over, under and across the NE1 /4SW1/4 and SE1 /4SW1/4 of Section 6, T30N, R118W, Lincoln County, Wyoming, more particularly described on the attached "Description for Clayne E. Reeves and Cheryl Ann Reeves Bridge Easement" attached and incorporated herein by this reference. 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 of 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 exemption laws of the State of Wyoming to the extent that such rights may interfere with the purposes of this easement. 2012. IN WITNESS WHEREOF, we have hereunto set our hands as of the 7th day of March, 2 Linda S. Hedges 00628 STATE OF WYOMING COUNTY OF LINCOLN ss. The foregoing Easement was acknowledged before me by Gary L. Hedges and Linda S. Hedges, husband and wife, this 7fh day of March, 2012. Witness my hand and official seal. GERALD L GOULDING NOTARY PUBLIC County of „tu l State of Lincoln r Wyoming My Commission Expires May 2, 2015 My commission expires: 3 NOTARY PUBLIC 00629 Professional Land Surveyors PAUL N. SCHERBEL Wyo. Regislraden No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Regss086on No.6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No.372111 Idaho Registration No.8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor SChevbei. LTD. Alton. Wyoming Bl9 kW. Wyomtrg Jackson. Wyoming Lova 1401 Springs. Idaho Montpelier. Idaho DESCRIPTION FOR CLAYNE E. REEVES AND CHERYL ANN REEVES BRIDGE EASEMENT To -wit: 00630 A variable width strip of land for ingress, egress and utilities over, under and across the NE'/SWh and the SEVISW% of Section 6, T3ON RI 18W, Lincoln County, Wyoming, described as follows: BEGINNING at a spike on the centerline of Reeves Schwab County Road No. 12 -149, N89 °-45'- 56"E, 718.57 feet, from the northwest corner of said SE'/4SWV4; thence S52 58' -33 "E, 19.40 feet, along said centerline, to a spike; thence S52 36' -49 "E, 40.60 feet, along said centerline, to a spike; thence S37 -23' -I 1 "W, 92.26 feet, to a point; thence S16°-12'-17"W, 165.15 feet, to a point; thence S00 10' -34 "E, 53.68 feet, to a point; thence S89 49' -26 "W, 60.00 feet, to a point; thence N00 10' -34 "W, 62.32 feet, to a point; thence N16 12' -17 "E, 179.49 feet, to a point; thence N00 14' -04 "W, 87.14 feet, to a point on the north line of said SE'/4SW%; thence N37 01' -27 "E, 39.14 feet, to a spike on the centerline of said County Road; thence S52 58' -33 "E, 51.46 feet, along said centerline, to the SPIKE OF BEGINNING; the BASE BEARING for this survey is the north line of the SE'V4SW1/4 of Section 6, T3ON R118W, being N89 45' -56 "E; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across that part of the above described easement lying and being situate northerly of the north line of said SE %SW'/; 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 11810 with appropriate details; each "spike" marked by a 3/8" x 12" steel spike, referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "RICHARDS RANCH A SUBDIVISION WITHIN TIIE SE1 /4SW1 /4 SECTION 6 NEI /4NW1 /4 SECTION 7 T30 ILf• COLN COUNTY, WYOMING dated 25 January 2012, as revised. 2 March 2012 REVISE 14 February 2012 "Modification in any way of the foregoing description terminates liability of the surveyor"