HomeMy WebLinkAbout967997at 10:03 AM
RECEIVED 11/1
RECEIVING 967997
BOOK: 798 PAGE: 348
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, hereafter referred to as the "Agreement effective
this 13th day of November, 2012, is by and between DONALD J. KIRK and MARTHA S.
HAGEMAN, TRUSTEES of The Hageman Kirk Family Trust dated October 3, 2007, P.O. Box
1330, Afton, Wyoming 83110, hereafter referred to as "Hageman Kirk and JIM CRAMER, a
married man, holding title as his sole and separate property, P.O. Box 1239, Afton, Wyoming
83110, hereafter referred to as "Cramer
WHEREAS, Hageman Kirk owns the property described in the Quitclaim Deed that was
recorded in the land records of Lincoln County, Wyoming, on November 6, 2012 in Book 797 at
Pages 567 through 569 as Receiving No. 967817, a copy of which is attached hereto, hereafter the
"Hageman Kirk Property"; and
WHEREAS, Cramer owns the property described in the Quitclaim Deed that was
recorded in the land records of Lincoln County, Wyoming on November 6, 2012, in Book 797 at
Pages 570 and 572 as Receiving No. 967818, a copy of which is attached hereto, hereafter the
"Cramer Property"; and
WHEREAS, Hageman Kirk and Cramer have agreed between themselves, and in
accordance with the Agreement that was entered into on September 20, 2002 that was recorded in
the land records of Lincoln County, Wyoming on September 12, 2002 in Book 498 PR at Pages
817 through 823 as Instrument No. 883982, to the creation of an easement running from U.S.
Highway 89 across the Hageman Kirk Property to provide non exclusive ingress, egress, and
underground utilities to both the Hageman Kirk Property and the Cramer Property.
NOW, THEREFORE, Hageman Kirk and Cramer hereby agree as follows:
1. EASEMENT ESTABLISHED. Hageman Kirk, for themselves and their
successors and assigns, hereby grant and convey a perpetual non exclusive easement for ingress,
egress, and underground utilities across the northern thirty feet of the Hageman Kirk Property in
favor of and for the benefit of the adjoining Cramer Property, hereafter referred to as the
"Easement
2. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the
mutual promises and agreements of the parties hereto, and other valuable consideration, in hand
paid, the receipt of which is hereby acknowledged, Hageman Kirk and Cramer state and declare
that consideration has been provided to each of them for this Agreement.
3. EASEMENT COVENANTS. Hageman Kirk and Cramer, for themselves and
their successors and assigns, hereby agree:
a. Except for temporary obstructions required for the purposes of
maintaining and improving the easement, and installing and maintaining, repairing, and
replacing underground utilities therein, the Easement shall not be obstructed in any
EASEMENT AGREEMENT
KIRK HAGEMAN, TRUSTEE CRAMER
PAGE 1 OF 4
manner that would impede free ingress and egress of the parties hereto, or of any other
person or persons with right of ingress and egress in the easement. Easement
maintenance and improvement, and utility installation, maintenance, repair, and
replacement shall be done in a manner that minimizes any inconvenience to all who are
authorized to use the easement for ingress and egress.
b. That the Easement shall be used by the parties hereto for private and
commercial ingress and egress, but such use shall not occur in such manner that the use
interferes with any party's or any other persons rights to use of the easement.
c. The parties agree that the road constructed in the Easement shall be
maintained so that the road remains reasonably passable. The costs of road maintenance
shall be shared equally by all property owners who use the road for ingress and egress to
their properties. The property owners using the road for ingress and egress shall consult
with the other property owners using the road for ingress and egress regarding proposed
maintenance before any maintenance is completed on the road. Absent agreement on
road maintenance between the property owners using the road, any party that causes road
maintenance to be completed shall be responsible for the costs of that road maintenance.
All amounts due to a contractor for any road maintenance shall immediately be remitted
for payment by the party or parties responsible therefor. No party shall allow any lien to
attach to the road as a result of any maintenance on the road. Should a lien attach to the
road, any party or parties may, but are not obligated, to pay the lien. The party or parties
responsible for paying for the maintenance that gave rise to the lien shall be responsible
for the lien amount and all interest, attorney's fees, and all other costs arising from the
lien.
d. The road within the Easement shall have snow plowed or removed in
whatever manner is agreed by the parties in writing. Absent written agreement, each
party shall be responsible for whatever snow plowing that party determines is necessary
for access to their property and no other party shall be held responsible for the costs of
plowing or removing snow.
e. Any improvements made within the easement shall be at the sole
expense of the party making the improvements unless otherwise agreed to in writing.
f. Each party hereto agrees to indemnify and hold harmless the other
parties from any and all liability for personal injury or property damage that results from,
arises out of, or may be attributed to any use of the easement unless such injury or
damage is recklessly or intentionally caused.
g. The parties agree that the existing arch, which encroaches from this
Easement onto the Hageman Kirk Property and the Cramer Property, may be maintained
in place but said arch may be removed by either party without the consent of the other
party, provided that the costs of such removal will be at the expense of the party
removing the arch unless otherwise agreed to in writing, and provided also that a gate
shall be maintained at or near the location of the existing arch unless otherwise agrred
between the parties. After the date of this Agreement, no other gate, arch, or other
structure shall be constructed or maintained within the Easement without the written
consent of the other party hereto as to the design and location of the gate, arch, or other
structure, but such written consent shall not be unreasonably withheld as to the
EASEMENT AGREEMENT
KIRK HAGEMAN, TRUSTEE CRAMER
PAGE 2 OF 4
0034
maintenance of a gate securing the Hageman Kirk Property and the Cramer Property
from unauthorized access.
4. EASEMENT TO RUN WITH THE LAND. The Easement created herein shall
run with the lands identified herein, and shall be binding on and shall inure to the benefit of the
parties to this Agreement, and their respective successors and assigns.
5. ENTIRE AGREEMENT. This Agreement constitutes 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 except to the extent incorporated in this Agreement.
6. MODIFICATION OF AGREEMENT. Any modification of this Agreement
shall be binding only if evidenced by agreement in writing signed by the parties hereto or their
heirs and successors and assigns.
7. WAIVERS. The failure of any party to this Agreement to enforce the
performance of the terms and conditions set forth herein, or a waiver of a breach of any of the
terms and conditions set forth herein, shall not be construed as a continuing waiver of such failure
or breach, and the terms and conditions shall remain in full force and effect as if no such
forbearance or waiver had occurred.
8. WAIVER OF HOMESTEAD RIGHTS. The parties, for themselves and their
successors and assigns, hereby waive any and all rights 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 the easement.
9. ATTORNEY'S FEES. The parties agree that should any litigation be
commenced between the parties concerning this Agreement, or the rights and /or duties of them in
relation thereto, including any action to collect sums due hereunder, the party prevailing in such
litigation shall be entitled to a reasonable sum for attorney's fees.
IN WITNESS WHEREOF, each party to this Agreement has caused it to be signed on
the dates indicated below.
HAGEMAN KIRK:
DONALD J. KIRK ItUS E
of The Hageman K k Family Trust
dated October 3, 2007
1
1VIAIt S. HAGEMAN, T TEE
of The Hageman Kirk Family Trust
dated October 3, 2007
EASEMENT AGREEMENT
KIRK HAGEMAN, TRUSTEE CRAMER
PAGE 3 OF 4
0350
STATE OF WYOMING
COUNTY OF LINCOLN
ACKNOWLEDGED before me on this, the (54' day of November, 2012, by
DONALD J. KIRK and MARTHA S. HAGEMAN, TRUSTEES of The Hageman
Kirk Family Trust dated October 3, 2007,. pursuant to authority provided to them in said
Trust.
WITNESS my hand and official seal.
M KEVIN VOYLES NOTARY PUBLIC
County of iJ�`+ State of
Lincoln Wyoming
NOT
My Commission Expires: July 16, 2015
My Commission expires: tob,b
CRAMER:
STATE OF WYOMING
COUNTY OF LINCOLN
ACKNOWLEDGED before me on this, the s day of November, 2012 by
JIM CRAMER.
WITNESS my hand and official seal.
M KEVIN VOYLES NOTARY PUBLIC
County of K; 1:. State of
Lincoln :i l Wyoming
My Commission Expires: July 16, 2015
My Commission expires:
SS.
SS.
M M CRAMER
EASEMENT AGREEMENT
KIRK HAGEMAN, TRUSTEE CRAMER
PAGE 4 OF 4
0035
KNOW ALL PERSONS BY THESE PRESENTS, that JIM CRAMER, a married man,
holding title as his sole and separate property, P.O. Box 1239, Afton, Wyoming 83110, GRANTOR, for
and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of
which is hereby acknowledged, hereby remises, releases, and forever quitclaims unto DONALD J.
KIRK and MARTHA S. HAGEMAN, TRUSTEES of The Hageman Kirk Family Trust dated October
3, 2007, P.O. Box 1330, Afton, Wyoming 83110, GRANTEES, and their successors and assigns forever,
all such right, title, interest property, possession, claim, and demand as Grantor may have or ought to have
in and to all of the following described property, hereby releasing and waiving all rights under and by
virtue of the homestead exemption laws of the State of Wyoming, to wit:
See the property description titled "DESCRIPTION FOR THE HAGEMAN
KIRK FAMILY TRUST, DATED 3 OCTOBER 2007 PARCEL B AMENDED" that
is attached hereto and incorporated herein by reference.
Together with and including all improvements thereon and all appurtenances and
hereditaments thereunto belonging.
Subject to all covenants, conditions, restrictions, easements, reservations, and
rights -of -way of sight and/or of record.
WITNESS my hand this S. day of November, 2012.
STATE OF WYOMING
COUNTY OF LINCOLN
M KEVIN VOYLES NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires: July 16, 2015
SS.
QUITCLAIM DEED
WITNESS my hand and official seal.
My Commission expires: 61/16//$'
CRAMER
uu ;G7
0035
ACKNOWLEDGED before me on this, the SA day of November, 2012, by JIM
CRAMER.
RECEIVED 11/6/2012 at 10:03 AM
RECEIVING 967817
BOOK: 797 PAGE: 567
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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DESCRIPTION FOR
THE HAGEMAN KIRK FAMILY TRUST, DATED 3 OCTOBER 2007
PARCEL .13 AMENDED
To-wit:
0 0 5 6 8
0 0 3 5
That part of the NW1/4NE1/4 of Section 20, T3ON R.1 18W, Lincoln County, Wyoming,
being part of that tract of record in the Office of the Clerk of Lincoln County in Book 675
of Photostatic Records on page 563, described asSollows:
BEGINNING atthe southwest corner of said NWV4NEK;
thence-N00°,00%36"E, 556:20 fed, aking Ofaitid NWNE1/4, to a-pOint;
thence N73? l7925 feet, to a pOtnt;.
thence N71 P-34'-27"E, 88.61 feet, to a point;
thence N6f?-56%.08"E, 184.22 fed, to a point;
thence N75°--53"-567E, 797.47 feet, to a. point on the:westerly right-of-way line °III S.
Highway. 89;
thence S07 -52%36"W, 240.9.5 feet, along said right-of-way line, to a highway right-of
way marker. at Station S.T. 1050+134 71'
thence S08"-I1'400"W, 67053 feet, along said right-of-way line, to a point on the south
line of said NWViNE%;
thence S89°-59'-48"W, 1066.54 feet, along said south line, to thc CORINER OF
BEGINNING;
ENCOMPASSING an area of 19.05 acres, more or less;
the BASE BEARING for this survey is the north line of the NW V4NE1/4 of Section 20,
T3ON R118 W, being N89Q-59' -24" E;
SUBJECT TO a right of ingress and egress and utilities over, under and across a strip of
land thirty (30) feet in width, the northerly line being identical with the northerly boundary
of the above described .Parcel B Amended,. and desCribed as follows;
Bli:GINNING at a point SQ0°-00'-36"W, 762.00 feet from the northwest comer of
said NWV4NEY4;
thence traversing said southerly boundary as follows:
N73°-24'07"E, 179.25 feet, to a point;
N71"-34'27"E,88.61 feet, to a point;
N66°-56'-08"E, 184.22 feet, to a point;
N75'-53'-56"E, ?97..47 feet, to a point;
the southerly right-of-way line of the above described easement to be shortened or
lengthened as necessary to create a continuous easement with a minimum width of thirty
(30) feet to meet the west line of said NWViNEY4 and the westerly right-of-way line of
U.S. Highway 89;
WodificatiOn in any way of the foregoing d Option terminates liability Of the surveyor'
Prqustional Land.Sonouprs
WO Stlielqtit.1 WC, 164
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DESCRIPTION FOR
THE HAGEMAN KIRK FAIVIILY TRUST,
DATED 3 OCTOBER 207
PARCEL 13- AMENDED
PAGE TWO
00569
0031;;
it is the intent of the parties that this easement for ingress, egress and utilities replace the
easement for ingress, egress and utilities on the Warranty Deed record in said Office in
Book 441: of.Photostatic Records on page 806 and in Book 441 of Photostatic Records on
page 818;
each "comer" .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 ANON WY PLS 5368", with appropriate
details;
each "marker" marked by a 6" X 6" concrete post with brass cap inscribed, STATE
HIGHWAY DEPT. R;O.W. MARKER"
all in accordance with the...plat prepared be filed in the Office of the Clerk of Lincoln
County titled, "BOUNDARY ADJUSTMENT FOR JIM CRA.MER AND THE
HAGEMAN KIRK FAMILY TRysT, DATED 3 OCTOBER 2097 WITHIN THE
NWVNEVA SECTION 20 T30N LINCOLN COUNTY, WYOMING' dated 8
May 2012, as revised,
8 May 2012 Red
16 May 2007
'Modification in any way of the foregoing description terminates liability of the sy yor"
KNOW ALL PERSONS BY THESE PRESENTS, that DONALD J. KIRK and MARTHA S.
HAGEMAN, TRUSTEES of The Hageman Kirk Family Trust dated October 3, 2007, P.O. Box 1330,
Afton, Wyoming 83110, GRANTORS, for and in consideration of Ten Dollars ($10.00) and other
valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby remise, release,
and forever quitclaim unto JIM CRAMER, a married man, holding title as his sole and separate
property, P.O. Box 1239, Afton, Wyoming 83110, GRANTEE, and his heirs and assigns forever, all such
right, title, interest property, possession, claim, and demand as Grantors may have or ought to have in and
to all of the following described property, hereby releasing and waiving all rights under and by virtue of
the homestead exemption laws of the State of Wyoming, to wit:
See the property description titled "DESCRIPTION FOR JIM CRAMER
PARCEL A AMENDED" that is attached hereto and incorporated herein by reference.
Together with and including all improvements thereon and all appurtenances and
hereditaments thereunto belonging.
Subject to all covenants, conditions, restrictions, easements, reservations, and
rights -of -way of sight and/or of record.
WITNESS our hands this I day of November, 2012.
DONAL i J. KIRK, T. S E
of The Hageman Kir amily Trust
dated October 3, 2007
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me on this, the day of November, 2012, by
DONALD J. KIRK and MARTHA S. HAGEMAN, TRUSTEES of The Hageman Kirk Family
Trust dated October 3, 2007, pursuant to authority provided to them in said Trust.
WITNESS my hand and official seal.
M KEVIN VOYLES NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires: July 16, 2015
QUITCLAIM DEED
My Commission expires: o7 /jk //s
THA S. HAGEMAN, STEE
of The Hageman Kirk Family Trust
dated October 3, 2007
00570
0035
RECEIVED 11/6/2012 at 10:05 AM
RECEIVING 967818
BOOK: 797 PAGE: 570
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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DESCRIPTION FOR
JIM CRAMER
PARCEL, A AMENDED
To -wit:
00571
003
That part of the NW' 4NE'l of Section 20, T3ON, RI 18W, Lincoln: County, Wyoming, being
part of those tracts of record in. the Office of the Clerk of Lincoln County in. Bocik 754 of
Photostatic Records on page 712, and in Book 675 of Photostatic Records on page 563,
described as follows:
BEGINNING at the northwest corner of said NW/NV/4
thence S00°-00'-36"W, 762.00 feet, along the west ling or said NW'4NE1:, to a point;
thence N73 24' -07" E, 179.25 feet to a point;
thence N71°-34'-27"E, 88.61 feet to a point;
thence 1x 56' -O8'"E 184.22 feet: to a point;
thence N75 -.53' 56.''?E, 797.47 feet to a point on the ‘vestetly right-of-way line of US.
Highway 89;
thence N07°-5T-36"E, 201.70 feet, along said right-of-way line, to a hiighway right -of -way
marker at station as. 1045+63.28, 60' RT, which is also the beginning of a non tangent
circular curve to the left, which has its radius point bearing N88 10' -27' -27'W;
thence. northwesterly, 216.95 feet, along the arc of said curve and said right-of-way line,
through a central angle of 06°- 43.'40" with a radius. of 1849,87 feet, and a .chord bearing
NOI 9 32'02'W,:216.82 feet, to a point on The north line of said .N \V' NE V
thence S 59' -24 "W, 122.0.49 feet, along; said .mirth line, to the CORNER OF
BEGINNING;
ENCOMPASSING an area of 16.08 acres, moree:.or less;
the. BASE BEARING for this survey is the north line of the N"Ely of Section 20; T30.N
RI 18 W, hei ng N89°-59'-24"E;
TOGET1113R. with a right of ingress and egress and utilities over, under and aeross a strip of
land thirty (30) feet in width, the northerly line being identical with the southerly boundary
afthe above described Parcel A— Amended, and described as follows:
BEGINNING at a point S00"-00'-36"W, 762;00 feet from the northwest come of
said. N 'it'. Et./o;
thence travei:sing sad.southerly hoitndary as follows:
N73 -24 07 "E, 179 25 feet, to a point;
N71 34'27"E, 88:61 feet, to a point;
NN66 56'=08 "E, 184.22 feet, to a point;
N75 53'- 56 ":E,: 797.47 feet, to a point;
the Southerly right- of:way line of the above described casement to be shortened or
lengthened as necessary to create a continuous easement with a tniiriinttutt width of thirty
(30) feet to meet the west line of said NW'IANE'% and the westerly right-of-way fine of S.
Highway 89;
"Modification in any way of the foregoing description terminates liability of the.surveyor"
ProkiworTM 0.30 1.rive)ars
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DESCRIPTION FOR
.1.IM CRAMER
PARCEL A AMENDED
PAGE TWO
00572
00
it is the intent of the parties that this easement for ingress„ egress and utilities replace the
easement for ingress, egress and utilities on the Warranty. Deed record in said Office in
Book 441 of Photostatic: Records on page 806 and in Book 441 of Photostatic Records on
page 818;
each "corner" found as described in the .Comer Record filed in the Office of the Clerk- of
Lincoln. County;
each "point" marked by a 518" X 24" steel reinforcing rod with a 2" aluminum cap
inscribed, 'SURVEYOR SCHERBEL LTD 8F WY PLS 5368", with apprepriate
detail*
each "Marker" marked by a 6" X O" concrete :post with tiraSs cap inscribed: "STATE
HIGHWAY DEPT. REFERENCE MARKER", With appropriate details;
all in accordance with the:plat prepared to be filed in the Office Of the. Clerk. of Lincoln
County titled, ADJUSTMENT FOR JIM CRAIIEg. AND THE HAGEMAN
KIRK FAMILY TRUST, DATE1 9Tp)34g:2007 WITHIN RIB INIWKNE:'4 SECTION
20 T3ON Ril 8W LINCOLN c6 Y Y, WYOMING", dated 8 May 2012, as revised..
May 2.012 Re d
16 May 2007
'Modification in any wayof the foregoing description terminates Liability of the surveyors