HomeMy WebLinkAbout973850UNDERGROUND WATER LINE EASEMENT
George Todd Smith and Abbey L. Smith, husband and wife, GRANTORS, of
Lincoln County, Wyoming, for and in consideration of TEN DOLLARS ($10.00) and
other good and valuable consideration, in hand paid, receipt of which is hereby
acknowledged, CONVEY and WARRANT to Paul D. Smith, his heirs, successors, and
assigns, GRANTEE, a non exclusive easement for underground water transmission
lines, under Grantors' real property. The underground water line easement is legally
described as:
The west sixteen (16) feet of the North Tract as depicted on that plat titled, "GEORGE
TODD SMITH AND ABBEY L. SMITH PLAT OF FAMILY EXEMPT TRACTS
WITHIN NE'/NEY SECTION 34 T36N R119W, LINCOLN COUNTY, WYOMING
of record in the Office of the Clerk of Lincoln County, Wyoming with Receiving No.
925756.
The water line easement shall be appurtenant to Grantee's real property legally
described on the attached Exhibit A. The within grant is intended to be an easement
running with the land which it serves (and shall not serve any other properties) and
shall be perpetual so long as it is used for water transmission purposes only.
This easement is subject to all covenants, conditions, restrictions, easements,
reservations and rights -of -way of sight and/or record.
This easement includes the right to construct, install, maintain, improve and
repair one singular underground water transmission line. All work necessary to install,
maintain, improve, and repair said line shall only occur between the dates of October
1st to November 30th of any calendar year so as to not disturb agricultural crops that
may be in the process of being planted, grown, or harvested. Additionally, no fences
shall be altered, damaged, removed, or tampered with on Grantors' real property. All
construction shall be conducted as expeditiously as possible and without delay and is
not permitted to remain idle without active work being conducted for longer than 72
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hours, so as to limit the interruption that Grantors' use of said property which would be
impacted for use as livestock pasture. Grantee shall promptly restore and reclaim the
ground to its prior state to the extent practicable. This easement does not contemplate
an open ditch, which is expressly prohibited hereunder. Grantors reserve the right to
improve, occupy and use the easement for any and all purposes not inconsistent with
the easement grant and reserve the right to have the remedy of specific performance.
Grantee (including his heirs, successors, and assigns) shall be liable for costs and
attorney's fees in enforcing Grantors' rights hereunder.
WITNESS our hands this day of October, 2013.
eorge ocl. mith Abbey L. Smith
STATE OF WYOMING
COUNTY OF LINCOLN
ss.
The foregoing instrument was acknowledged before me this Z2 day of
October, 2013 by George Todd Smith and Abbey L. Smith.
WITNESS my hand and official seal.
N.C. NETHERCOTT NOTARY PUBLIC
;r COUNTY OF 1 STATE OF
`k TETON WYOMING
NI'? COMMISSION EXPIRES: AUG, 15, 2015
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Ndtary Public
My Commission Expires: fr a}%r
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The terms and conditions contained within the foregoing Underground Water
Line Easement are accepted this /,.S day of October, 2013.
Paul D. Smith
STATE OF WYOMING
COUNTY OF LINCOLN
ss.
The foregoing instrument was acknowledged before me this
October, 2013 by Paul D. Smith.
WITNESS my hand and official seal.
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DESCRIPTION FOR
GEORGE TODD SMITH AND ABBEY L. Shat TH
SOUTH TRACT
To- wit:
0001635
That part of the NE /NB 4 of Section 34, T361 R119W, Lincoln County, Wyoming, being part of
that tract of record in the Office of the Clerk of Lincoln County in Book 606 of Photostatic Records
on page 497, described as follows:
BEGJNNINC at the southeast point- of that tract of record in said Ofribe in Book 606 of
Photostatic Records on page 497,N55 26'' -l5 "W, 58.70 feet, of the southeast corner of said
NEViNB'
thence N89 38' -41 "W, 1283.50 feet, along the south line of said tract, to a point on the west line
of said NEV44E'
thence N00 18' -49 "E, 556.01 feet, along said west line, to a point;
thence N89 48' -22 "E, 838.99 feet, to a point;
thence N00 11' -38 "W 75,00 feet, to a spike;
thence N89 4S -22 "E, 442,29 feet, tea spike on the westerly right -of -way line of U.S. Highway
89;
thence $00 Q2' -34 "W, 116.95 feet, along said right-of-way line, to a marker at Station 1968 +00
50' LT;
the: ce S00 03' -19 "W, 496.35 feet, along said right -of -way line, to the POINT OF
BEGINNING;
ENCOMPASSING an arca of 17.31 acres, more or less;
the pASE BEARING for this survey is the. east line of the IE' of Section 34, T36N R119W,
being S00 07' -18 "W;
SUBJECT CO and TOGETj4 R with a right of ingress and egress and utilities over, under and
across a strip of land sixty (60) feet in width, with the centerline described as follows:
BESINNn4'G at the northeast spike of the above described SOUTH TRACT;
thence S09 4S'- 22 "W, 442.29 feet, to a spike;
the iortherly and southerly right -of -way lines of the above described easement to be shortened or
lengthened as necessary to intersect the cast line of said tract to create a continuous casement with
a nun imurt width of sixty (60) feet;
each "point" marked by a 5/8" X 24" steel reinforcing rod with r. 2" aluminum cap inscribed,
'SURVEYOR SC0 RBELLTD AFTON WY PLS 3889 with appropriate details;
each "spike" marked by a 3/0" x 12" steel spike referenced by a 5 /8 "x 24" steel reinforcing rod
with 2" aluminum cap inscribed, "SURVEYOR SC''♦ERBEL LTD AFTON WY PLS 3889 with
appropriate details;
each "marker" marked by a 6" x 6" concrete post with brass cap inscribed: "STATE HIGHWAY
DEPT, R.O.W. MARKER with appropriate details;
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County
titled, "GEORGE TODD SMITH AND ABBEY L. SMITH PLAT OF FAMILY EXEMPT
TRACTS W13.OIN NE' /NE', SECTION 34 13614 R119W, LLN'COT,N COUNTY, WYOMING,
dated 15 November 2006, es revised.
16 December 2006
EXHIBIT A