HomeMy WebLinkAbout970818R�- GFIVLU 3/O /LU 1.) ai 1 1.z.
.EIVING 970818
BOOK: 810 PAGE: 764
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
EASEMENT AGREEMENT
0
THIS EASEMENT AGREEMENT effective this Imo day of ,4 zt.
2013, by and between the TOWN OF THAYNE, WYOMING, a political subdvision
of the State of Wyoming, P.O. Box 298, Thayne, Wyoming 83127, hereafter "Thayne
and CLAIR L. WRIGHT, TRUSTEE of The Wright Family Trust dated July 2, 1987,
as amended, P.O. Box 215, Thayne, Wyoming 83127, hereafter "Wright Trust
WHEREAS, Thayne owns property in Lincoln County, Wyoming that is
described in the Warranty Deed and Easement that was recorded in the land records of
Lincoln County, Wyoming on August 16, 1983 in Book 204 PR at Pages 152 through
156 as Instrument No. 602155, hereafter the "Thayne Deed a copy of said deed being
attached hereto and incorporated herein by reference, hereafter the "Thayne Tract and
WHEREAS, the Wright Trust owns property in Lincoln County, Wyoming that
is described in the Warranty Deeds that were recorded in the land records of Lincoln
County Wyoming on October 28, 1993 in Book 338 PR at Page 187 as Instrument No.
773626 and on December 23, 1993 in Book 343 PR at Pages 17 through 19 as Instrument
No. 776386, copies of said deeds being attached hereto and incorporated herein by
reference, hereafter the "Wright Trust Tracts and
WHEREAS, Thayne has agreed to convey to the Wright Trust an easement on
the "Roadway Property as described on the "Roadway Property Tract A" that was
recorded on Page 153 of the Thayne Deed, to provide for ingress, egress, and
underground utilities from Dana Street to the Wright Tracts, said property being hereafter
the "Roadway Property
NOW, THEREFORE, Thayne and the Wright Trust hereby agree as follows:
1. EASEMENT ESTABLISHED. Thayne, for itself and its successors and
assigns, hereby grants and conveys a perpetual non exclusive easement for ingress,
egress, and underground utilities over the Roadway Property in favor of and for the
benefit of the Wright Tracts.
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, Thayne and the
Wright Trust state and declare that consideration has been provided to each of them for
this Agreement.
3. EASEMENT COVENANTS. The parties, for themselves and their
successors and assigns, hereby agree:
EASEMENT AGREEMENT
TOWN OF THAYNE THE WRIGHT TRUST
PAGE I OF 4
a. That 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 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. That any improvements made within the easement shall be at the
sole expense of the party making the improvements unless otherwise agreed to in
writing.
d. That 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 intentionally caused.
e. That a gate across the easement, near the location where the
easement connects with Dana Street, shall be maintained on the easement, and
shall be locked at all times except when a party is passing through the gate for
ingress or egress, until Thayne agrees that a locked gate is no longer needed at
that location. If the Wright Trust desires to relocate the gate to another location
within the easement, it shall, subject to Town approval, which shall not be
unreasonably withheld, pay the costs of relocating the gate to a mutually
acceptable location within the easement. The Town shall provide the Wright
Trust with a key to the gate so that the Wright Trust can open and then re- secure
the gate until such time as the gate is relocated to a location outside of the
easement, at which point the Town shall have exclusive control of the gate and
access through the gate.
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 or 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.
EASEMENT AGREEMENT
TOWN OF THAYNE THE WRIGHT TRUST
PAGE 2 OF 4
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 successors or 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.
IN WITNESS WHEREOF, each party has signed this Agreement.
THE TOWN OF THAYNE:
TOWN OF THAYNE, WYOMING,
a political subdivision of the State of Wyoming
BY:
ROBERT E. KING, J(AYOR
ATTEST:
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me this 1 114- day of
2013, by Robert E. King, who acknowledged further that he sig d the
foregoing instrument as Mayor of the Town of Thayne, Wyoming
pursuant to authority provided to him by the Town Council.
WITNESS my hand and official seal.
M KEVIN VOYLES NOTARY PUBLIC to
County of 4 6 p +1, State of
Lincoln Wyoming
My Cornmiu•sion Expires: July 16, 2015
My Commission expires: 01 I 15
EASEMENT AGREEMENT
TOWN OF THAYNE THE WRIGHT TRUST
PAGE 3 OF 4
ARRIE TAY O TOWN CLERK
6076f;
THE WRIGHT TRUST:
STATE OF COLORADO
COUNTY OF JEFFERSON
WITNESS zny Band and official seal.
My Commission expires:
EASEMENT AGREEMENT
TOWN OF THAYNE THE WRIGHT TRUST
PAGE 4 OF 4
R L. WRIGHT, E
CLAIR E
of The Wright Family Trust
dated July 2, 1987, as amended
sif
ACKNOWLEDGED before me this day of /7ay
2013 by Clair L. Wright, acting as Trustee of The Wright Family Trust
dated July 2, 1987, as amended, pursuant to authority provided to him in
that Trust.
NOTARY PUBLIC
154
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WARRANTY DEED AND EASEMENT
LE'STIR COY a married man of Lincoln County, Wyoming,
Grantor, for and in consideration of Ten ($10.00) Dollars
and other good and valuable consideration in hand paid, the
receipt and sufficiency of which are hereby acknowledged,
CONVEYS and WARRANTS to the TOWN OF THAYNE, WYOMING, a
Wyoming Municipal corporation, whose mailing address is
P. 0. Hox 298, Thayne, Wyoming 83127, Grantee, the following
described real property located in Lincoln County, State,of
Wyoming, hereby releasing and waiving all rights under and
by virtue Of the homestead exemption laws of the State, to-
wit:
That real property described in Exhibit
"A" attached hereto and made a part
hereof,
Including and together with all improve-
ments and appurtenances thereon or
thereunto belonging, hut subject to
taxes, reservations, covenants, condit-
ions, restrictions, rights -of -way and
easements of record, if any.
Grantor grants and conveys to Grantee a perpetual ease-
ment, 2d feet in width, whose center line is described in
Exhibit °B" attached hereto and made a part hereof, which
easement authorizes Grantee to inStal.l, use, maintain,
repair and replace a water pipeline under the property
s..ubject to the easement, and shall include a right of entry
on to the property for all authorized uses in connection.
with said easement. Grantor further grants and conveys to
Grantee a 30 foot temporary construction easement located
adjacent to the north line of the water line easement
described in Exhibit "0" attached hereto and made a part
hereof. This temporary construction oaocmont ;,hall
terminate when Grantee issues and officially files a notice
of substantial completion for the construction of the water
line to be placed under the easement property.
LAURA COY, wife of Lester Coy, joins in the execution
of this Warranty Deed and grant of easement in order to con-
vey any homestead rights she may have in the property which
is the subject matter of this instrument.
DATED this 9 day of 1983.
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
The foregoing instrument was acknowledged befo me by
Lester Coy and Laura Coy, husband and wife, this day of
.#9l./_17GG 1983.
Witness my hand and official
My Commission expires:
u4u4-a_
Laura Coy
155
r 9
156
A 20.00 foot permanent domestic water pipeline easement, lying
Northerly and adjacent to' the following described line:
Commencing at the Southeast corner (S 1/16) of the
Northeast quarter of the Southeast quarter of Section
23, Township 34 .North, Range 119 West, Sixth Principal
Meridian, Lincoln County, Wyoming, said corner being a
brass cap marked 23/24, S 1/16, PELS G09; thence North
0 0 55'39" West, 15.44 feet to a 3/4" pipe with a plastic
cap marked PELS 689; thence parallel with the Sou1hline:
of said NE of the SE! o.f Section 23, South 89 34'58" West,
120.00 feet to a 5/8" rebar with a Aluminun •Cap. marked
Tudor Engineering Company and being THE TRUE POINT OF
BEGINNING; thence continuing South 89 Wes.i 1193.00
feet to a 3/4" pipe with a plustic cal marked PELS 589."
set. on the West line of said Northeast quarter of the
Southeast•Q.uarter of Section 23 and said 3/4" pine is
located North '0 56'30" West, 15..44 feet from .a brass cap
monument marked PELS 589 set at the Southwest corner of
said Northeast- Quarter—of the Southeast Quarter. of Section.
23.
Together with a 30 foot temporary construction easement lying
Northerly and adjacent to the north line of the above described
20 foot permanent waterline easement. Said 30 foot temporary
construction easement shall be terminated when the Town or Thayne
issues and files a Notice of Substantial Completion for the con-
struction of the proposed waterline.
20' Pipeline Easeinent Thru' Lands of Lester Coy
I Iwu 01 004
TANK SITE ON THE LANDS,OF LESTER COY
A parcel of land for a potable water reservoir (Tank Site) in
the Northeast quarter of the Southeast quarter of Section 2.3,
Township 34 North, Range 119 West, Sixth Principal Meridian,.
Lincoln County, Wyoming and being more particularly described
as follows:
Commencing at the Southeast corner (S 1/16) of the said
Northeast quarter of the Southeast quarter of Section 23,
said. corner being a Brass Cap marked 23/24 5 1/16, PELS.
689; thence North 0 °55'39" West, 15.44 feet to a 3/4" pipe
with a plastic .cap marked PELS 689; thence parallel with
the Southline of said NE. of the SE of Section 2.3, South
89 34'58'' West, 20.00 feet to THE TRUE POINT OF 8'EGINNING,
said point: being a 5/8" rebar with Aluminum Cap marked
Tudor Engineering Company; thence continuing South 89 °34•
58" West 100.00 feet to a 5/8" rebar. with Aluminum Cap
marked Tudor Engineering Company; thence North 0° 55'39"
West, 100.00 feet to a 5/13" rebar with Aluminum Cap marked
Tudor Engineering Company;. thence North 89 34'58" East,
100.00 feet to a 5/8' rebar with Aluminum Cap narked .Tudor
Engineering Company; thence South 0 °55'39" East, 100.00
feet to the True Point of Beginning, said Parcel containing
0.230 acres more or less.
ExNU3rT A
V
CommeNc109 41 a 3 inch brass capp-ed menument marked
tLcorner suctions 23 and 24, !C1.5 689; thence .ilonq the
•north line of the northeast of the s.outheast J., of see-
tion 23 89 50.6,90 feet to the TRUE Pom Or
BEGINNING; thence 500 162,05 feet; thence SOI"
38'15"N, 628.99 feet; thence olong a 60 foot radius curve
to the left, thru o central angle of 95 for On
arc length of 99.55 feet; thence N80 316.08 fe-et;l''.
thence along a 75 radius curve to the riLght, thru a central
angle of 58 for an arc length of 76,83 feet; thence
along o compound curve to the right havifig z 202.71 foot
r4idius, thru z central angle of 33 for an arc length
of 119.62 feet; thence parallel with the eilst line of said
northeast of the southeast of Section 23 '500°56'39"E,
215.15 feet to a' point in the north line of the Town bf
Thane, WyoMings Domestic Water Tank Site, said point lies
589 16.00 feet from the northeast corner of said
Town of Thayne, Wyomings. Domestic Water Tank Site.
11
„ItSa 3 2 1001 *-,;tt4t.,.4sLtVll',.."*.s"4t-lt•z-titat--f4--cs:',-1.
the Northe4s1 of the Southeast or Section 23, T348, Rf191;
of the 6th Principal Meridian, Lincoln CoUnty, Wyoming. Soid
51 1 1 ;n; ij 0 7 7 a)
located 10 feet 011 each side of the following described
•coxt,ch. centerline;
1
VonDIA Ay "Raft zrY
Ex If '16 A
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$6:00
WARRANTY DEED
DELILA DANA,- a single person, GRANTOR-, of Star Route
Box 122, Green River, Sweetwater County, Wyothing, for and in
consideration of. Ten ($10.00) Dollars and other valuable
considerations in hand paid, receipt whereof is hereby
acknowledged, CONVEY AND WARRANT to WRIGHT FAMILY TRUST
dated May /jr 1987, ELLING L. WRIGHT, LOU JEAN WRIGHT,
TRUSTEES, GRANTEES, the following described real estate,
situate in Lincoln County and State of Wyoming, hereby
releasing and waiving all rights under and by virtue of the
homestead exemption laws of the State, to-wit:
A portion of the N1/2 SE1/4 of Section 23, T34N, R119W, 6th
P.M., Thayne, Lincoln County, Wyoming, being more
particularly described as follows:
BEGINNING at a point in the East line of Hokanson Lane, said
point being 100.68 feet S89 404.74 feet N6
and 44.21 feet N7,°22'W from a BLM monument found marking the
Southeast 1/16 Corner of said Section 23; thence running
N7 along the East line of Hokanson Lane, 60.41. feet;
thence N89"1630°E 246.14 feet; thence SO 60.00
feet; thence 889°1 6 -I. p0°201668 feet to the Point of
Beginning, containing acres of land.
WITNESS my hand this a! of, Oct.;her, 1993.
STATE OF WYOMING
J SS.
COUNTY OF SWEETWATER J
The foregoing Warranty Deed was acknowledged before me
by DELILA DANA this r W day of October, .1993.
WITNESS m hand and official s01....--
..t
NarmyR.SlaughtoreNotaryPuMle
COM STATE
OF OF 1
SWEETWATER MAIM
My commission expiresL,
DELILA DANA
RalOnins.)
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9A:
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$10.00
WARRANTY DEED
fl COADEO Dee.• •23; •1993 .M.
9
i:4 L• .915 43PR r• t,''.i 1
OWEN HOKANSON, a single man, and OWEN HOKANSON, TRUSTEE
of the OWEN HOKANSON LIVING TRUST dated February 18, 1991,
GRANTORS, of Thayne, Lincoln County, Wyoming, for and•in
consideration of Ten ($10.00) Dollars and -other valuable
considerations in hand paid, receipt whereof is hereby
acknowledged, CONVEY AND WARRANT to WRIGHT FAMILY TRUST
dated May i 1987, ELLING L. WRIGHT, LOU JEAN WRIGHT,
TRUSTEES, GRANTEES, the following described real estate,
situate in Lincoln County and State of Wyoming, hereby
releasing and waiving all rights under and by virtue'of the
homestead exemption laws of the State, to-wit:
A portion of the Northeast Quarter Southeast Quarter (NE 1/4
SE 1/4) of Section 23, Township 34 North, Range 119 West,
6th Principal Meridian, in and near the Town of Thayne,
Lincoln County, Wyoming, being•more particularly described
as follows:
Beginning at a point 42.00 feet S 0 degrees 54' 35" E, from
a brass cap monument marking the East Quarter corner of said
Section 23, thence S 0 degrees 54' 35" E, 231.32 feet to the
Easterly prolongation of an East -West fence line, thence S
89 degrees 49' 18" W, along said prolongation and said
East -West fence line, 391.90 feet ,to a fence'corner of
Southerly and Easterly fences; thence S 1 degree 13' 28" E,
along said Southerly .fence 386.82 feet to a fence corner of
'Northerly and Easterly fences; thence N 88 degrees 32' 15" E
along last said Easterly fence line, 389.47 feet to a point
in the•,Easterly line of said Section 23; thence S 0 degrees
54'35" E, along last said Easterly line 640.77 feet to an
Iron Pipe found in said Easterly line being N 0 degrees 54'
35" W, 15.44 feet from a Brass'Cap monument found marking
the Southeast corner of said Northeast Quarter Southeast
Quarter (NE 1/4 SE 1/4); 'thence running S 89' degrees 34' 28"
W, 1312.30 feet' to an Iron Pipe found N 1 degree 24' 38" E,
14.86 feet from a Brass Cap monument found marking the
Southwest corner of said Northeast Quarter Southeast Quarter
(NE 1/4 SE 1/4); thence running N 0 degrees 10' 30" W, from
last said Iron Pipe, along the approximate line of a .fence,
266.35 feet to a fence corner; thence N 70 degrees 40' 20"
E, approximately along the line of a fence, 84.33 feet, to
the corner with a fence running Northerly; thence N 0
degrees 05' 50" W, along last said fence, 343.30 feet, to an
Easterly Westerly fence; thence N 89 degrees 27' 44" E,
along last said fence. line 454.27 feet to a corner of a
fence running Northerly, thence N 1 degree 34' 50" W, along
last said fence 391.11 feet;. thence East 278.97'feet to the
Easterly line of a 32 foot wide road; thence N 1 degree 38'
15" E, along last said Easterly line 106.96 feet; thence N 0
degrees 55' 13" W, continuing along last said Easterly line,
120.05 feet to a point in an East -West right -of -way for the
Southerly line of the Thayne Bedford Road; thence East along
last said fence, 490.96 feet to the point of beginning.
Subject to existing irrigation ditch easements of site and
record and access easement agreement to the Willard Martin
property.
Excepting 1.007 acres of land for Town of Thayne Roadway and
0.230 acres for a Tank site, hereinafter described as Parcel
1
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WARRANTY:DEE6
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41-and.Parcel #2 as foliows
PARCEL 0
Pi_iparCel Of land for a.portable water reservoir ATank Site)
in the :Northeast Quarter (NE 1/4) of the Southeast Quarter
(SE:. 1/4). of Section 23,. Township. Northange West,
Lincoln County, Wyoming Hand being more
particularly described as follows:
Commencing at ythe:' Southeast Corner 11/16y of the said
Northe4st, Quarter (NE 1/4) of the .Southeast -Quarter :(SE 1/4)
of*Section.23', said corner being a Brass Cap marked 23/24 S
1116,::•PELS. .689; thence .North .0 degrees 39" West, '15.44
feet-.. 3/4 pipe with a plastic cap :marked PELS; thence
parallel with. the Southline of said NOrtheast.Quarter (NE
1/4) of the Southeast Quarter (SE 1/4) of:Section 23, S 89
degrees. 58" W, 20..00 feet the. True Point of
beginning said point being.. a. 5/8". rebar.With AluminuM Cap
Marked .•udor Engineering Company; thence continuing-S 89
degrees 100.09 feet to a 5/8" rebar with Aluminum
.Capmarked-Thdor Engineering Company;. thence N degrees,55'
100 00 feet to a 5/8" rebar with AIUMinUni caip.marked
Tua6r Company; thence N 89.:degrees:34': 58" E,
100:60 a 5/8" rebar with..Alumipumr,Cap marked .Tudor
/Engineerft4 :Company, thence SD degreds/0' E 100.00
feetto,the True Point of beginning;
PARCEL:•,4q
A. lOpt tract:of land .in the Northeast QUarter '(NE 1/4) of
theSOUtheast,Quarter (SE 1/4) of Section -23', Township 34
North:, Range 119 Nest, of the6 P.M., LincolnCounty,
Wyoming '%'Said tract shall be,iocatedfeet on each side
of the centerline;
Commencing at a 3 inch brass capped., monuMent:markedQuarter
oorner 23 and 24, PELS 689 thence along the North
'line ..ofthe: Northeast 'Quarter. :(NE 1/0
Quarter-, :.(SE .A/A) pf Section,. 23 N .96 4eqi7ees. 00" W,
506;' the TrUd. Point Of beginning.; thence S 00
degrees 13"., E, 162.05'feeti thence' p_ol degrees 15"
W, H624:99 feet, thence along 'a 60 foot radius curve to the
leftthru a2oentra1 'angle of pa degrees 04' ap" for an arc
.,:length of 99 55 feet;"thence-N:Z6 degrees 34' 15' E, 336.98
feet, thence a fOOt radius the right, thru
a: central. angle.Of58 degrees' for an arc length of
76;'8.3,.teet; thence .along -a ,compound ,cUrvetO.the right
hving a 202 71 foot radius, thru a central angle of 33
degrees. W 41" for an arc length of 119.62 :feet; thence
parallel': with the east line of saidNorthbast Quarter (NE
1/4) •Of theYSohtheast Quarter (SE 1/4) 'Section 23, S 00
degree's 5.5' 39" E, 215.15 feet to apoint-in the NOrthline
of the :TOWnof.Thayne', Wyoming's Domestic Water Tank Site,
Said:40int1ies S 89 degrees 34' 58"'W, 16...00 feet from the
Northeast corner of said Town of Thayne,.'WyoMingDomestic
Water Tank Site
WITNESS. MY:hand-this Of October, 1993,
OWRN,HOKANSON, Individual
OWEN HOkANSON LIVING TRUST
7
OWEN HOkANSON, Trustee
0 7 ri
WAHEANTY `'DEED
H94400ON1 /rXgOtir
Page 3
STATE OF WYOMING
COUNTY OF LINCOLN
SS.
The foregoing Warranty Deed waa acknowledged before me
by OWEN HOKANSON as an individual and. as Trustee of the OWEN
HORANSON LIVING TRUST.. dated February 18, 1991, this '1
day of October,. 1993.
WITNESS my hand and official seal.
O. DA VID GARDNER
Notary Public Slato of Wyomin
Lincoln County, Wyoming g
Commission E xpoes Aug J, I
My commission expires, ,3 iffy
NOTARY PUBLI
0`r7F;