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HomeMy WebLinkAbout973851BOOK: 822 PAGE: 769 JEANNE WAGNER NCOLN COUNTY CLERK, KEMMERER, WY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT effective this Win" day of 2013, by and between PAUL D. SMITH, a single man, 6700 Hampton Bend Circle, Owens Crossroads, Alabama 35763, hereafter "P Smith and GEORGE TODD SMITH and ABBEY L. SMITH, husband and wife, tenants by the entireties, P.O. Box 7207, Jackson, Wyoming 83002, hereafter "G A Smith WHEREAS, P Smith owns property in Lincoln County, Wyoming that is described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on January 1, 2007, in Book 646 at Pages 184 and 185 as Receiving No. 926041, a copy of said deed being attached hereto and incorporated herein by reference, hereafter the "P Smith Tract"; and WHEREAS, G A Smith own property in Lincoln County, Wyoming that is described in the Warranty Deed that was recorded in the land records of Lincoln County Wyoming on January 2, 2005, in Book 606 at Page 497 as Receiving No. 914126, a copy of said deed being attached hereto and incorporated herein by reference, hereafter the "G A Smith Tract"; and WHEREAS, P Smith and G A Smith have agreed to create an easement running from U.S. Highway 89 along the northern boundary of the P Smith Tract to provide for ingress, egress, and underground utilities to the G A Smith Tract. NOW, THEREFORE, P Smith and G A Smith hereby agree as follows: Z. EASEMENT ESTABLISHED. P Smith, for himself and his heirs and assigns, hereby grants and conveys a perpetual non exclusive easement for ingress, egress, and underground utilities across a portion of the P Smith Tract in favor of and for the benefit of the adjoining G A Smith Tract, said easement being more particularly described as follows: The northern 30 feet of the P Smith Tract, running west from U.S. Highway 89 four hundred feet (400'), said easement area being a part of the road conunonly referenced as "Appaloosa Trail 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, P Smith and G A Smith state and declare that consideration has been provided to each of them for this Agreement. 3. EASEMENT COVENANTS. The parties, for themselves and their heirs and assigns, hereby agree: 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 RECEIVED 10/24/2013 at 3:13 PM EASEMENT AGREEMENT RECEIVING 973851 SMITH /SMITH PAGE 1 OF 3 0769 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 the road within the easement shall be maintained in its existing width and as a private, not a county road, unless otherwise agreed to by the parties hereto. 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 heirs, 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. 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. S. WAIVER OF HOMESTEAD RIGHTS. The parties, for themselves and their heirs and 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. IN WITNESS WHEREOF, each party to this Agreement has caused it to be signed. P SMITH: //L,./ PAUL D. SMITH EASEMENT AGREEMENT SMITH SMITH PAGE 2 OF 3 0 0 G A SMITH: My Commission expires: STATE OF WYOMING SS. COUNTY OF UN OCA �J WITNESS my hand and official seal, My Commission expires: 201 T EASEMENT AGREEMENT SMITH SMITH PAGE 3 OF 3 STATE OF A labu,rn SS. COUNTY OF fir. ACKNOWLEDGED before me by Paul D. Smith this 4 9 day of WITNESS my hand and official seal. ACKNOWLEDGED before me by George Todd Smith and Abbey L. Smith this day of oT060, 2013. Y .A.i3;t6 /l e NOTARY PUBLIC 0 i' Co j Y H Z File No.: 61008 WHEN RECORDED RETURN TO: Name: Paul and Brenda Smith Address: 2907 Kincade Way Owen's Crossroads, AL 35763 STATE OF l>Vt COUNTY OF Q.kvv\ Notary Public: My commission expi Fla Number: OM Lend Tine Company Warranty Deed (Individual) Page i or 1 COURTESY RECORDING This doomed is being recorded solely as acourtesy and accommdation to the parties therein. Land ride Co. Hereby expressly disclaims any responsibility orfabillty far the accuracy content thereof. WARRANTY DEED (Individual Form) GEORGE TODD SMITH and ABBEY L. SMITH, husband and wife GRANTORS of Teton County, State of Wyoming, CONVEY AND WARRANT to PAUL D. SMITH and BRENDA A. SMITH, husband and wife, as tenants by the entireties whose address i s 2907 Kincade Way GRANTEES, is, Crossroads, AL 35763 for the sum of Ten Dollars and other good and valuable consideration, the following described real estate, situate 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: SEE ATTACHED EXHIBIT "A" also known by street and number as: 94 Appaloosa Trail, Etna, WY 83118 Subject to reservations and restrictions contained in the United States Patent and to easements and rights -of -way of record or in use. Together with all improvements and appurtenances thereon. WITNESS, the hand of said grantors this 4 day of Tai 200 1 GEORGE TODD SMITH and ABBEY L. SMITH PATTI S. PATTERSON NOTARY P of Coeton Wyoming Teton My Commission Expires June 7, 2008 ABBEY L. S H RECEIVED 1/12/2007 at 10:20 AM RECEIVING 926041 BOOK: 646 PAGE: 184 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY The foregoing instrument was acknowledged before me this (4 day of Si c�.v\ 2001 by the signers of the within instrument, who duly acknowledged to me that he/she/they executed the same. WITNESS MY HAND AND OFFICIAL SEAL. 000184 DESCRIPTION FOR GEORGE TODD SMITH AND ABBEY L. SMITH SOUTH TRACT To -wit: 000185 That part of the NVANE''A of Section 34, T36N 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: BEGINNING at the southeast point of that tract of record in said Office in Book 606 of Photostatic Records on page 497, N5S 26' -15 "W, 58.70 feet, of the southeast corner of said NE' /+NE'/.; thence N89 38' -41 "W, 1283.50 feet, along the south line of said tract, to a point on the west line of said NE %NEK; 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 NOW-1 I' -38 "W, 75.00 feet, to a spike; thence N89 48' -22 "E, 442.29 feet, to a spike on the westerly right -of -way line of U.S. Highway 89; thence SOW-02%34"W, 116.95 feet, along said right -of -way line, to a marker at Station 1968 +00 50' LT; th ce SOW- 03' -19 "W, 496.35 feet, along said right -of -way line, to the POINT OF B tGINNING; EN OMPASSING an area of 1731 acres, more or less; the ASE BEARING for this survey is the east line of the NE'/ of Section 34, T36N R119W, be g S00 07' -18 "W; S JECT to and TOGETHER with a right of ingress and egress and utilities over, under and acr ss a strip of land sixty (60) feet in width, with the centerline described as follows: BE INNING at the northeast spike of the above described SOUTH TRACT; the ce S89°-48'-22"W, 442.29 feet, to a spike; the ortherly and southerly right-of-way lines of the above described easement to be shortened or len erred as necessary to intersect the east line of said tract to create a continuous easement with a m nimum width of sixty (60) feet me "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "S VEYOR SCHERBEL LTD AFTON WY PLS 3889 with appropriate details; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL 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 WITHIN NEANE% SECTION 34 T36N R119W, LINCOLN COUNTY, WYOMING, dated 15 November 2006, as revised. 16 December 2006 File No.: 51281 'WREN RECORDED RETURN TO: Nance: Address: WARRANTY DEED (Individual Form) Paul D. Smith and Brenda A. Smith, husband and wife f GRANTOR(S) of M ,1 County, State of AIL CONVEY(S) AND WARRANT(S) to George Todd Smith and Abbey L. Smith, husband and wife, as tenants by the entireties, GRANTEE(S), whose address is P.O. Box 7207, Jackson, WY 83002 for the sum of Ten Dollars and other good and valuable consideration, the following described real estate, situate 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: NEI /4NE1/4 Section 34, Township 36 North, Range 119 West, 6 P.M., Wyoming. Excepting therefrom the following described land, to wit: BEGINNING at a point 80 south of the of the Southeast corner of Section 27, T36N, RI 19W and running thence West 80 rods, thence North 2 rods, thence East 80 rods, thence South 2 rods to the POINT OF BEGINNING. also known by street and number as: 94 Appaloosa Trail aka County Road 107, Etna, WY 83118 J Subject to reservations and restrictions contained in the United States Patent and to easements and y rights -of -way of record or in use. Together with all improvements and appurtenances thereon. WITNESS, the hand of said grantor(s) this 01,31 day of Paul D. Smith STATE OF COUNTY OF t George Todd Smith P,O, Box 7207 Jackson, WY 83002 otary Pu c: My commi �igii,ex{�il t •%lSrex +F c,zei �Ii C N e _....rS•P�: ryyj t,3•il. s iC iLy h r's' kJ, 111.Numher: 51261 n C 1•tL i :>.r Crx ipuii w unanry 11117 n -(t A..diug•t)) 3 SJ.1 t•, Page 1 or! RECEIVED 12/2/2005 at 10:40 AM RECEIVING 914126 BOOK: 606 PAGE: 497 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY or /7i Leh— 2005. 1 P VUlYI� •�C� Brenda A. Smith The foregoing instrument was acknowledged before me this cg 3 day of r 41eolbe.L 0/ 2 by Paul D. Smith and Brenda A. Smith the signer(s) of the within instrument, who duly acknowledged to me that he /she/they executed the same. WITNESS MY HAND AND OFFICIAL SEAL.