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This agreement, made the 3) day of
EASEMENT AGREEMENT
ROBERT F. HUNSAKER AND JOLENE C. HUNSAKER, HUSBAND AND WIFE, AS
TENANTS BY THE ENTIRETIES, AND KEM T. CAZIER AND BETH CAZIER,
HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES, AND LAYNE Q.
CAZIER AND PATTY CAZIER, HUSBAND AND WIFE, AS TENANTS BY THE
ENTIRETIES, AND CODY STEED AND PATSY STEED, HUSBAND AND WIFE, AS
TENANTS BY THE ENTIRETIES, AND NOEL NORMAN NELSON, JR. AND SALLY
NELSON, HUSBAND AND WIFE, AS TENANTS BY THE ENTIRETIES, AND HEIDI
ERICKSON, AND JASON CAZIER, AND ANTHONY CAZIER, AND CASEY CAZIER,
AS TENANTS BY THE ENTIRETIES, of 704 Papworth Lane, Afton, Lincoln County,
Wyoming, "CAZIER and THE AFTON LINCOLN COUNTY AIRPORT JOINT
POWERS BOARD, THE TOWN OF AFTON, a Wyoming Municipality, and LINCOLN
COUNTY, WYOMING, a political subdivision of the State of Wyoming "AIRPORT
RECITALS
A. The undersigned parties to this agreement are the owners of /or have an interest in
adjoining lands located in Lincoln County, State of Wyoming, consisting of three parcels;
B. CAZIER is the owner of two parcels specifically described as follows:
Commencing at the Northwest corner of the SE1 /4NW1 /4
Section 36, T32N, R119W of the 6` P.M., Wyoming;
running thence South 80 rods, thence East 35 rods, thence
North 80 rods, thence West 35 rods to the point of
beginning, and containing 17.50 acres, more or less; it
being understood by the parties to this deed, that the
northerly boundary of the above described tract is the
buried sprinkler pipeline of the Nield String Sprinkler Co.
ALSO: the E1/2 of the S W 1 /4 and the East 45 acres of the
NW1 /4 of Section 36, T32N, R119W;
Avigation Easement
Page 1 of 16
2013, by and between
XO53'
1. EXCEPTING THEREFROM beginning at a point 20 rods,
West of the NE corner of the NE1 /4 NW1 /4, thence South
8 rods, thence West 6 rods, thence North 8 rods, thence
East 6 rods, to the place of beginning;
2. FURTHER EXCEPTING THEREFROM: Beginning at a
point 7 rods West of the NE corner of the NE1 /4NW1 /4 of
Section 36, T32N, R119W, thence running South 12 rods,
thence West 5 rods, thence North 12 rods, thence East 5
rods, to the point of beginning;
3. FURTHER EXCEPTING THEREFROM: Beginning at a
point which is 528 feet East of the Southwest Corner of the
Southeast Quarter of the Southwest Quarter (SE1 /4SW1/4)
of Section Thirty -six (36), Township Thirty -two (32)
North, Range 119 West of the 6` P. M., Wyoming, and
running thence North 330 feet; thence East 132 feet; thence
South 330 feet; thence West 132 feet to the point of
beginning, containing 1.0 acres.
4. FURTHER EXCEPTING THEREFROM: Beginning at a
point which is 132 feet East of the Southwest Corner of the
Southeast Quarter of the Southwest Quarter (SE1 /4SW1 /4)
of Section Thirty -six (36), Township Thirty -two (32)
North, Range 119 West of the 6 P.M., Wyoming, and
running thence North 330 feet; thence East 132 feet; thence
South 330 feet; thence West 132 feet to the point of
beginning, containing 1.0 acres;
5. FURTHER EXCEPTING THEREFROM: that property
described on the certain Warranty Deed from Quinn B.
Cazier and Elaine T. Cazier Family Trust, Quinn B. Cazier
and Elaine T. Cazier, Trustees, Grantors, to Noel Norman
Nelson and Sally Cazier Nelson, husband and wife, tenants
by the entireties, dated November 2, 1992 and recorded
Avigation Easement
Page 2 of 16
0 53
November 3, 1992 in Book 319 PR, page 644 of the
records of the Lincoln County Clerk;
6. FURTHER EXCEPTING THEREFROM: that property as
described on the certain Quitclaim Deed from Patsy Ann
Steed, Grantor, to Cody Steed and Patsy Ann Steed,
husband and wife, Grantees, dated October 3, 2005 and
recorded October 7, 2005 in Book 600 PR, page 591 of the
records of the Lincoln County Clerk;
7. FURTHER EXCEPTING THEREFROM: that property as
described on the certain Warranty Deed from Quinn B.
Cazier and Elaine T. Cazier Family Trust, Quinn B. Cazier
and Elaine T. Cazier, Trustees, Grantors, to the Afton
Lincoln County Joint Powers Board, a Non Profit
Organization, Grantee, dated January 12, 2004 and
recorded February 3, 2004 in Book 547 PR, page 500 of the
records of the Lincoln County Clerk;
8. FURTHER EXCEPTING THEREFROM: that property as
described on the certain Warranty Deed from Kem T.
Cazier and Jolene Cazier, Successor Trustees to Robert F.
Hunsaker and Jolene C. Hunsaker, husband and wife, by
the entireties, Grantees, dated May 20, 2010 and recorded
May 24, 2010 in Book 747 PR, page 648 of the records of
the Lincoln County Clerk;
9. FURTHER EXCEPTING THEREFROM: that property as
described on the certain Warranty Deed from Kem T.
Cazier and Jolene Cazier, Successor Trustees to Layne Q.
Cazier, a married man, Grantee, dated March 12, 2010 and
recorded March 15, 2010 in Book 744 PR, page 24 of the
records of the Lincoln County Clerk;
10. FURTHER EXCEPTING THEREFROM: that part of the
SE1 /4NW1 /4 and that part of the NE1 /4SW1/4 of Section
Avigation Easement
Page 3 of 16
U O v eY C?
36, T32N R119W, Lincoln County, Wyoming, being part
of that tract of record in the Office of the Clerk of Lincoln
County in Book 750 of Photostatic Records on page 274, as
described as follows:
BEGINNING at the southwest corner of said
SE1 /4NW1/4; thence N00 13' -35 "W, 766.75 feet, along
the west line of said SE1/4NW1/4, to a point;
thence N89 27' -15 "E, 1172.21 feet, to a point on the west
line of that tract of record in said Office in Book 547 of
Photostatic Records on page 500;
thence S00 13' -35 "E, 2000.03 feet, along said west line,
to an intersection with the north right -of -way line of an
underground irrigation pipeline easement of record in said
Office in Book 53 of Photostatic Records on page 77;
thence S89 27' -15 "W, 1171.90 feet, along said right -of-
way line, to an intersection with the west line of said
NE1 /4SW1 /4; thence N00 14' -32 "W, 1233.28 feet, along
said west line, to the CORNER OF BEGINNING;
ENCOMPASSING an area of 53.82 acres, more or less; the
BASE BEARING for this survey is the south line of
Section 36, T32N RI19W, being N89 14' -54 "E; 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" and "intersection" 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; all in accordance with the
plat prepared to be filed in the Office of the Clerk of
Lincoln County titled, "PLAT OF TRACT FOR ROBERT
F. HUNSAKER AND JOLENE C. HUNSAKER, ET AL.
WITHIN THE SE1 /4NW1 /4 NE1 /4SW1 /4 SECTION 36
Avigation Easement
Page 4 of 16
5 3 9
T32N R119 W LINCOLN COUNTY, WYOMING dated
23 April 2013, as revised.
C. The AIRPORT desires to gain an Avigation Easement "EASEMENT over land
owned by CAZIER, and CAZIER wishes to grant Avigation Easement to AIRPORT over
said Parcels as set forth below.
D. The parties desire to enter into an agreement for the easement and items set forth
above:
Avigation Easement
Page 5 of 16
60540
GRANT OF EASEMENT
1. In Consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, CAZIER
hereby grants to AIRPORT as follows:
2. An assignable easement and right -of -way, for the use and benefit of the public, for the
free and unobstructed passage of aircraft in, through, and across all of the airspace
above the Grantor's property as described above.
3. The right of flight for the passage of aircraft for the use and benefit of the public in
the airspace above the Grantor's property, together with the continuing right to cause
in said airspace such noise, vibration, dust, fumes, smoke, vapor, and other effects as
may be inherent for navigation of, or flight in air, using said airspace, or landing at,
taking off from, or operating on the Afton Lincoln County Airport.
4. The full waiver and release by the Grantor of any right or cause of action which they
or any of them now have or may have in the future against the Board, its successor
and assigns, on account of or arising out of such noise, vibration, dust, fumes, smoke,
vapor, and other effects as may be inherent for navigation of, or flight in air, using
said airspace.
5. The covenant and agreement that from and after the execution of the document, the
Grantor shall not erect any structure or object or allow any tree or other vegetation to
grow to a height above fifty (50) feet above the existing ground elevation, or as might
required by Federal Aviation Regulations (FAR) Part 77, "Objects affecting
Navigable Airspace
6. The continuing right, after 15 business days written notice and a hearing of the Board,
to clear and keep clear Grantor's property of any and all obstructions that encroach
005 4 1
upon or extend in any way into said easement and right -of -way above a height of fifty
(50) feet above the existing ground elevation, or as might required by Federal
Aviation Regulations (FAR) Part 77, "Objects affecting Navigable Airspace," and for
such purpose, after the notice and hearing described above, to enter upon the surface
of Grantor's property and cut and remove any tree or other vegetation, or to remove,
raze, or destroy those portions of buildings or other structures that would infringe
upon or extend into said elevation. Such right includes the right of ingress to and
egress from and passage over Grantor's property for the purpose of effecting and
maintaining such clearances as aforesaid.
7. The covenant and agreement that from and after the execution of this document, the
Grantor shall not put the Grantor's property to any of the following uses which
would:
a. Create unreasonable interference with one (1) radio
communication for aircraft using the airport and two (2) electronic
navigational aids or devices. Instrument landing systems, generators,
motors, and artificial lighting devices that create excessive static are
examples of equipment that can case interference.
b. Create a hazard to flying by materially reducing visibility, with
incinerators, rock crushers, smelters, chemical manufacturing
equipment, and similar devices.
c. Make it difficult for fliers to distinguish between airport or other
navigational lights or markers and other lights; or cause glare to fliers using
the airport, such as any arrangement and use of lights which resemble a layout
or color of a landing area, or searchlights or flash -type advertising signs.
d. Result in any business, structure, tree, occupation or use which
is dangerous or hazardous to the safety of aircraft using the Afton
Lincoln County Airport or to property or persons using the Afton
Lincoln County Airport or flying in the vicinity thereof. Towers, poles,
smokestacks, advertising balloons, above ground bulk storage of
petroleum products, and fireworks manufacturing are examples of
potentially dangerous uses, structures, and activities.
Avigation Easement
Page 6 of 16
Avigation Easement
Page 7 of 16
O05
MISCELLANEOUS
8. The mutual promises and agreements of the undersigned parties shall serve as
sufficient consideration and payment under this agreement.
9. The grant of easement shall run with the land and shall be binding on and shall inure
to the benefit of the parties of this agreement, their respective heirs, successors, and /or
assigns.
10. Each of the undersigned parties agrees to indemnify and hold the others harmless
from and against any and all liability for personal injury or property damage, when such
injury or damage is a result from, or arises out of, or is attributable to any use, maintenance
or repair undertaken by one party.
11. It is agreed that this agreement shall be governed by, construed and enforced in
accordance with the laws of the State of Wyoming.
12. This agreement 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.
13. Any modification of this agreement or additional obligation assumed by any party in
connection with this agreement, shall be binding only if evidenced in writing, signed by each
party, or by an authorized representative of each party.
14. The failure of any party to this agreement to insist upon the performance of any of
the terns and conditions of this agreement or the waiver or 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, but the same shall continue and remain in full force and effect, as if no
forbearance or waiver had occurred.
15. The undersigned parties, being grantors, hereby waive and release any and all rights
to the described easement under and by virtue of the homestead exemption laws of the State
of Wyoming.
IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on
the date indicated below.
DATED this j] day of
JOINT POWERS. BOARD
LINCOLN COUNT, WYOMING Attest:
o—
y atmon, Chairman, Afton Lincoln Co.
ort Joint Powers Board
STATE OF /,Y72!/ -?q
SS.
COUNTY OF
The foregoing instrument was subscribed, sworn, and acknowledged before me by Robert
F. Hunsaker and Jolene C. Hunsaker dated this day of
WITNESS my hand and official seal.
My Commission Expires: 7 -1g
2013.
Avigation Easement
Page 8of16
0 0 6 4 3
.e4i
4t) J LENE C. HUNSAKE
NOTARY PUBLIC
2013.
GLORIA K. BYERS NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commisson Exp res September 15, 2015
STATE OF We./a)-7-7q
SS.
COUNTY OF
The foregoing instrument was subscribed, sworn, and acknowledged before me by Kem
T. Cazier and Beth Cazier dated this 5 day of
WITNESS my hand and official seal.
My Commission Expires: 9
"/5
_15
Avigation Easement
Page 9 of 16
CAZIEj'"
c
BETH CAZIER
00544
2013.
NOTARY PUBLIC /1-
GLORIA K. BYERS NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Comn•iisson Expires s September 15, 2015
STATE OF
SS.
COUNTY OF
WITNESS my hand and official seal.
My Commission Expires: 9 /5-/5
Avigation Easement
Page 10 of 16
L YN Q. CAZIER
PATT' Y CAZIER
6O5
The foregoing instrument was subscribed, sworn, and acknowledged before me by Layne
Q. Cazier and Patty Cazier dated this 6 day of Q,t tM� 2013.
NOTARY PUBLIC
GLORIA K. BYERS NOTARY PUBLIC
County of ��q State of
Lincoln Naga' Wyoming
My Commisson Expires September 15, 2015
STATE OF /i /t/ri��2l 9
p )SS.
COUNTY OF o�i�'GG+ -v�'1/
WITNESS my hand and official seal.
My Commission Expires: 9 /5 /5
Avigation Easement
Page 11 of 16
v
The foregoing instrument was subscribed, sworn, and acknowledged before me by Cody
Steed and Patsy Steed dated this Jr- day of 2013.
NOTARY PUBLIC
My Commisson Expires September 15, 2015
STATE OF (Al( 0
COUNTY OF
JANICE T. WOODMENCEY NOTARY PUBLIC
County of I State of
Teton 3'`� Wy ming
My Commission Expires
y
SS.
WITNESS my hand and official seal.
ominission xpires:
Avigation Easement
Page 12 of 16
NOEL NORMAN NELSON, JR.
The foregoing instrument was subscribed, sworn, and acknowl ged before me by Noel
Norman Nelson, Jr., and Sally Nelson dated this da y 2013.
7-( Cam CY��'t�i7�C
NOTARY PUBLIC
054
STATE OF 616/-720
,�pp// )SS.
COUNTY OF r7rGG i/
The foregoing instrument was subscribed, sworn, and acknowledged before me by Heidi
Erickson dated this .5 day of
WITNESS my hand and official seal.
My Commission Expires: 9 -/5 /3"
2013.
Avigation Easement
Page 13 of 16
NOTARY PUBLIC "(i(
GLORIA K. BYERS NOTARY PUBLIC
County of �7
Lincoln
State of
Wyoming
My Commisson Expires September 15, 2015
STATE OF t� "ar 0
SS.
COUNTY OF
The foregoing instrument was subscribed, sworn, and acknowledged before me by Jason
Cazier, dated this 5 day of 2013.
WITNESS my hand and official seal.
My Commission Expires: 9 -/5 -/5
Avigation Easement
Page 14 of 16
60 549
Ai-e61- /6?-y-e/
NOTARY PUBLIC
My Commisson Expires September 15, 2015
STATE OF
WITNESS my hand and official seal.
SS.
COUNTY OF s fiy2GG1
My Commission Expires:
9 -/5 -ice
Avigation Easement
Page 15 of 16
The foregoing instrument was subscribed, sworn, and acknowledged before me by
Anthony Cazier, dated this 5 day of 2013.
NOTARY PUBLIC
GLORIA K. BYERS
NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commisson Expires September 15, 2015
STATE OF 1> //O I i ai
COUNTY OF L, Co l
SS.
WITNESS my hand and official seal.
KENDALL K ERICKSON
NOTARY PUBLIC WYOMING
Lincoln County
Mir Commission Expires May 18, 2016
My Commission Expires:
X1 U
Avigation Easement
Page 16 of 16
CASE AZIER,
The foregoing instrument was subscribed, sworn, and acknowledged before me by Casey
Cazier, dated this CJ day of Jl4 ✓V( 2013.
NOTARY PUBL C
6
State of Wyoming
County of Lincoln
The foregoing instrument was acknowledged before me this 1 1 th day of June, 2013.
by Jerry Hannon, Chainnan, Afton Lincoln Co. Airport Joint Powers Board, known to
me as the person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was executed for the purposes and consideration
therein expressed and in the capacity therein stated as the act of said corporation.
My Commission Expires: 9 -15 -15
GLORIA K. BYERS NOTARY PUBLIC
County of f3 %=a'\ State of
Lincoln w .4
Wyoming
My Commisson Expires September 15, 2015
UO5d
Notary Public