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HomeMy WebLinkAbout965392WATER LINE EASEMENT AGREEMENT RECITALS THIS WATER LINE EASEMENT AGREEMENT is made effective as of the 64 day of S teirhjt„ 2011, by and between LINCOLN COUNTY SCHOOL DISTRICT NO. 2, a body corporate, P.O. Box 219, Afton, Wyoming 83110, GRANTOR, and the TOWN OF THAYNE, WYOMING, a political subdivision of the State of Wyoming, P.O. Box 298, Thayne, Wyoming 83127, GRANTEE. Grantor and Grantee recite and declare: 00839 RECEIVED 7/3/2012 at 12:57 PM RECEIVING 965392 BOOK: 788 PAGE: 839 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY A. That the burdened property is located in Thayne, Lincoln County, State of Wyoming, and is described more particularly as follow: Lot 3 of the McKim Addition Amended to the Town of Thayne, Wyoming as shown on the plat thereof filed in the land records of Lincoln County, Wyoming on May 16, 2008 as Receiving No. 939030. B. That the benefited property is the adjacent water lines of the Town of Thayne and the Town of Thayne's water system. Grantor and Grantee agree as follows: DECLARATION OF EASEMENT Grantor, for themselves and their heirs and assigns, hereby grant and convey a perpetual non exclusive easement for water lines and for access to and operation of water meters and valves used to supply and control the supply of water from the Town of Thayne to the buildings located on the property described in Paragraph A and to buildings located on any and all other adjacent properties as the Town of Thayne deems necessary, hereby burdening the property described in Paragraph A, the perpetual non exclusive easement being more particularly described as follows: That right -of -way described in the property description entitled "DESCRIPTION FOR LINCOLN COUNTY SCHOOL DISTRICT NO. 2, TWENTY (20) FOOT UTILITY EASEMENT which is attached hereto. CONSIDERATION Grantor hereby acknowledges receipt of consideration for this easement, including the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the WATER LINE EASEMENT AGREEMENT LINCOLN COUNTY SCHOOL DISTRICT NO. 2 TOWN OF THAYNE PAGE 1 OF 4 00840 receipt and sufficiency of which is hereby acknowledged, and the benefits to be conferred on Grantor's property. USE OF EASEMENT The rights, benefits, privileges, and easements granted herein are for the purpose of the use, replacement, reconstruction, maintenance and repair, and the non exclusive use and enjoyment of, an underground potable water line and all appurtenant facilities to transport potable water together with the right to perform such excavation, grading, and general earth disturbing activities necessary or incidental thereto, and together with all rights, members and appurtenances to said easement and right of way in any way appertaining or belonging. The easement granted herein shall include all rights, benefits, privileges, and easements necessary or convenient for the full enjoyment and use of the easement for the purposes described herein and shall include the necessary easements and rights for ingress and egress over the easement and the right to cut away and keep clear, remove and dispose of all trees and to remove and dispose of all obstructions on the easement which removal is necessary for the Grantee's use of the easement; provided, however, that the Grantee shall restore the surface area and all permitted landscaping, paving and other permitted improvements to the same condition as existed before such disturbance of the surface area. Grantor shall have use of the easement, provided, that such use shall not interfere with the Grantee's use of the easement; such use by Grantor shall subject to the terms and limitations of this Agreement. EASEMENT TO RUN WITH LAND The easement shall run with the lands identified herein and shall be binding on and shall inure to the benefit of Grantor and Grantee, and their heirs, successors, or assigns. GOVERNING LAW This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Wyoming. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between Grantor and Grantee, and any prior understandings or representations of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated into this Agreement. MODIFICATION OF AGREEMENT Any modification of this Agreement or any additional obligations assumed by either WATER LINE EASEMENT AGREEMENT LINCOLN COUNTY SCHOOL DISTRICT NO. 2 TOWN OF THAYNE PAGE 2 OF 4 00841. 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. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, by the same shall continue and remain in full force and affect, as if no such forbearance or waiver had occurred. Grantor and Grantee hereby waive and release all rights to the easement under and by virtue of the homestead exemption laws of the State of Wyoming. IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be executed on the date indicated below. GRANTOR: LINCOLN COUNTY SCHOOL DISTRICT NO. 2, a body corporate, BY: STATE OF WYOMING SS. COUNTY OF LINCOLN NO WAIVER WAIVER OF HOMESTEAD RIGHTS MICHAEL F. HUNSAKER, CHAIRMAN ATTEST: ACKNOWLEDGED before me by Michael F. Hunsaker, the Chairman of the Board of Lincoln County School District No. 2, who being duly sworn and under oath, acknowledged WATER LINE EASEMENT AGREEMENT LINCOLN COUNTY SCHOOL DISTRICT NO. 2 TOWN OF THAYNE PAGE 3 OF 4 further that he did so as Chairman of the Board of said District pursuant to authority provided to him by the Board of said District, this 9t day of 2011. WI ES E 117 H l 1 81118M seat COUNTY OF i STATE OF LINCOLN i i WYOMING MY COMMISSION EXPIRES (0 1 L -7v(3 My Commission expires: I0 7-'aD(Z GRANTEE: TOWN OF THAYNE, WYOMING, a political subdivision of the State of Wyoming STATE OF WYOMING SS. COUNTY OF LINCOLN ATTEST: WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County Unc n of State `r Wyoming My Commission Expires: July 16, 2015 My Commission expires: o? 1 1 OTARY PUBLIC RRIE TAYLOR, T 1 CLERK WATER LINE EASEMENT AGREEMENT LINCOLN COUNTY SCHOOL DISTRICT NO. 2 TOWN OF THAYNE PAGE 4 OF 4 00842 ACKNOWLEDGED before me by Robert E. King, who being duly sworn and under oath, acknowledged further that he did so as Mayor of the Town of Thayne, Wyoming, that the foregoing instrument was signed by him for and on behalf of the Town of Thayne pursuant to authority provided to him as Mayor by the Town Council, this 31 s!' day of Au f(1 �s 2011. v Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERREL Wyo. Registration No. 5368 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR LINCOLN COUNTY SCHOOL DISTRICT NO. 2 TWENTY (20) FOOT UTILITY EASEMENT To -wit: 00843 A strip of land twenty (20) feet in width within Lot 3 of the McKim Addition to the Town of Thayne of record in the Office of the Clerk of Lincoln County, Wyoming on that plat with Instrument No. 931163 titled, "MCKIM ADDITION TO THE TOWN OF THAYNE IN THE NE'/a SECTION 23 T34N R119W LINCOLN COUNTY, WYOMING dated 29 August 2006, with the westerly line described as follows: BEGINNING at the northeast point of vacated Block 3 of the VanNoy Park Addition of record in said Office as Plat No. 185; thence N00 05' -32 "E, 94.64 feet to the northwest point of said Lot 3, on the southerly right -of -way line of Wright Street as depicted on said McKim Addition; the easterly right -of -way lengthened as necessary twenty (20) feet to me easterl arolongatio July 2006 line of the above described easement to be shortened or to create a continuous easement with a minimum width of ;d southerly right -of -way line of said Wright Street and a orth lin- a said Block 3. gad m,0. 5 368 4 11, ts "Modification in any way of the foregoing description terminates liability of the surveyor"