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HomeMy WebLinkAbout974484UTILITY EASEMENT Fred Bryant Gomm and Dorothy Ann Gomm Joint Trust, dated March 12, 1991, Fred Bryant Gomm, Trustee and Gomm Ranch, LLC, Grantors, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged do hereby grant and convey to Gomm Family Association Subdivision, Grantee, the following described non exclusive perpetual utility easement for the following purposes: 1. PURPOSE OF EASEMENT. This easement is for the purpose of providing a perpetual, non exclusive easement for the location of a sewer absorption field including an easement for the sewer feeder line from Grantee's property to the absorption field to the property as described in paragraph 3 including the right to maintain the sewer absorption field and the sewer feeder line to be located thereon and including the right to inspect the same. 2. CONDITIONS OF THIS EASEMENT. The conditions of this easement are: a. By accepting, constructing or installing and maintaining the sewer absorption field and the sewer feeder line and in using, or providing for or allowing the use of the herein described easement, Grantee assumes the risk of any and all damage including property or personal damage and agrees to indemnify and hold Grantors harmless from any damage, whether property or personal arising from any such activities conducted by Grantee on or in the easement. If any party is injured or damaged in any way related to the use or maintenance of the herein described easement, Grantee agrees to indemnify and hold Grantors harmless therefrom. This indemnification and hold harmless includes the expenses of reasonable attorney fees, court costs, and any damages assessed against Grantors. b. Grantee may not fence the easement without Grantors' prior written consent. c. Grantee shall restore the property to the same general condition existing prior to the construction or any maintenance within the easement. d. Grantor and Grantee acknowledge that the absorption field was created in 1983 for four (4) cabin units. On July 17, 1986, the field designation was designated by Engineering Associated /Cody, WY (Job No. 86030, PE 214). According to Lincoln County, Wyoming, the design criteria as set forth in 1986 was sufficient to service seven (7) cabin units with allowable flow of 1500 gallons per day. Construction of the absorption field was done by the listed property owner being F.B. Gomm, and was completed in accordance with the rules and regulations of the Wyoming Department of Environmental Quality and Lincoln County Planning Office. Grantee does hereby acknowledge the facts relating to the establishment and construction of the absorption field and does hereby specifically agree that the absorption field will be used in the manner as set forth in the approval of the absorption field and will not permit more sewage discharge to go into the absorption field than as permitted and will further comply will all rules and regulations of the Wyoming Department of Environmental Quality and /or Lincoln County Planning Office or any other rules and regulations relating to the operation and maintenance of the sewer absorption field and agrees to indemnify and hold Grantor harmless for any violation of said rules. I, is; as z?) e. Further, Grantees acknowledge that in the event that the absorption field RECEIVED 12/12/2013 at 11:03 AM RECEIVING 974484 BOOK: 825 PAGE: 235 JEANNE W, is used in a manner contrary to the permitted use thereof that Grantee will immediately cease any use in violation thereof and agrees to indemnify and hold Grantors harmless for any such violation. In the event that the sewer absorption field is used in a manner contrary to its permitted use and as a result thereof Grantors' property is damaged then Grantee will be responsible for the restoration of Grantors' property and any damages associated thereby. f. It is acknowledged by Grantee that in the event Grantee fails to use the easement for the purposes as set forth herein for a period of one (1) year that said non -use shall be considered abandonment of the easement and upon the filing of an affidavit reflecting said non -use Grantee's rights associated with the easement shall terminate. 3. PROPERTY BENEFITTED BY EASEMENT: This easement is for the benefit of the property located within the Gomm Family Association Subdivision as said subdivision is laid out and described in the Office of the Lincoln County Clerk as said subdivision exists as of the date of this agreement. 4. DESCRIPTION OF EASEMENT. The easement is described as follows: a. Sewer absorption Field Site Location: The established absorption field is located in Tract B of GLO Lot 4 Section 17, T3ON R1 18W Lincoln County Wyoming. Begin at the brass cap located in the NE corner of Tract A (behind Lot 1). Go West 391.23 feet to a spike cap, between Tract A and Tract B as recorded in Lincoln County as Plat No. 91 Instrument No. 657911. Continue West 140.5 feet along the East /West boundary between GLO Lot 1 and GLO Lot 4, and then South 72.5 feet. From this point the designated field goes West 78 feet, then South 43 feet, then East 78 feet, then. North 43 feet to the point of beginning of the designated field, encompassing an area of 3354 square feet or 0.07 acres. b. Sewer feeder line to the absorption field: An easement for the existing sewer feeder line as it crosses Grantors' property to the absorption field with five (5) feet on either side of the existing line. More particularly described as follows: The sewer feed line is located within Section 17, T3ON, R118W, Lincoln County, Wyoming beginning from the spike cap between Tract A and Tract B, go Southeast 71.13 feet along the boundary line between Tracts A and B to the sewer line. The sewer line continues 160.5 feet to the West where it joins the absorption field on the East side at 94.5 feet from the boundary fence between GLO Lot 1 and GLO Lot 4. Q 3 5. BINDING EFFECT. The terms and conditions of this easement shall be binding upon and inure to the benefit of the heirs, successors in interest and assigns of the parties named in this instrument. 6. WAIVER OF HOMESTEAD RIGHTS. The Grantors hereby waive and release all rights to the described easement 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 this easement. 7. GRANTORS AND GRANTEE hereby acknowledge that Grantors shall have the right to use the property described in paragraph 4 for all uses that would not interfere with the sewer absorption field or the sewer feeder line and agrees that Grantors shall not plant trees or other vegetation with roots that would interfere with said usage nor will they permit the usage of heavy equipment or the construction of any permanent improvements to be located on the above described property. IN WITNESS WHEREOF, we have hereunto set our hands as of the 1301 day of 2013. GRANTORS: The Fred Bryant Gomm and Dorothy Ann Gomm Joint Trust, Dated March 2, 1991 B Fred Bryant Go m, Trustee Gomm Ranch, LLC By: BY: I Mm STATE OF L)c,A 1 1 COUNTY OF _r� fir►® z� Fred Bryant Gom ember Co- Manager (,wytGu�tio.) Debra Ann Saunders, Member Co- Manager STATE OF WI :ss COUNTY OF (che The foregoing instrument was acknowledged before me by Fred Bryant Gomm, Trustee of the Fred Bryant Gomm and Dorothy Ann Gomm Joint Trust, Dated March 2, 1991, this 1"3 day of Nove ,,nb6` 2013. Witness my hand and official seal. 1 NOTARY PUBLIC CAMERON KNOWLES C No. 656829,_ I r t Commission Expires JULY 9, 2018 STATE OF UTAH 1 L.. COUNTY OF Cc,. :ss The foregoing instrument was acknowledged before me by Fred Bryant Gomm, Member Co- Manager of the Gomm Ranch, LLC, this V5 day of No✓ 6er 2013. Witness my hand and official seal. STATE OF VTaY1 NOTARY PUBLIC 1 JOEY CAMERON KNOWLES Commission No. 866828. t CM�� Commission Expires JULY 9, 2018 STATE OF UTAH 1 Ni PUBLIC :ss The foregoing instrument was acknowledged before me by Debra Ann Saunders, Member Co- Manager of the Gomm Ranch, LLC, this r5 day of NCa/e41/1 kr 2013. Utility Easement RY PUBLIC 0 3 7 Witness my hand and official seal. 1 1. Grantee: Gomm Family Association Subdivision By: /r Chairman of Homeowners Committee STATE OF 0,13 COUNTY OF NOTARY PUBLIC JOEY CAMERON KNOWLES I Commission No. 666829. 1 Commission Expires JULY 9, 2016 STATE OF UTAH 1 NO PUBLIC The foregoing instrument was acknowledged before me by 1;44 C. (10.4 Chairman of Homeowners Committee, this IF day of 2013. Witness my hand and official seal. Utility Easement Page 4