HomeMy WebLinkAbout977154GRANT OF EASEMENT
The Town of Diamondville, Wyoming, Grantor, a Wyoming incorporated
municipality, located in Lincoln County, for and in consideration of TEN DOLLARS ($10.00)
and other valuable consideration, in hand paid, receipt of which is hereby acknowledged,
CONVEY AND WARRANT to JUSTIN T. PLOWMAN AND CAMILLE PLOWMAN,
husband and wife, Grantees, their successors or assigns, an easement for the benefit of the
Grantees, on the following described real estate situate in County of Lincoln and State of
Wyoming, for the following purposes and under the following conditions:
1. Purpose of Easement. This easement shall be for purpose of placing an
access ramp across the property of the Grantor, which shall provide ingress, egress and acess
across the property of the GRANTOR, and said ramp is for the sole purpose of allowing
Grantees to access a shop building at the back (south boundary) of Grantees' lot number 8; said
property being more fully described in BOOK 465 PAGE 191 in the Office of the Lincoln
County Recorder. The easement shall not be used for any purpose other than for access to the
building and lot of Grantees.
2. Description of Easement and Servient Estate. The easement shall occupy
the following described property (servient estate):
DV BLK 20 Lot 8, located within the municipal limits of Diamondville, County of
Lincoln, State of Wyoming. Described also as PIN: 2116 252 -07 -072. Deed Book Page: 465-
191.
A platted roadway East and West 7 Street within the Town of Diamondville, Lincoln County,
State of Wyoming. More specifically, the platted roadway or alleyway that begins on the south
side of the intersection of Diamondville Avenue and Frontier Street; and said alleyway being a
dirt road that lies directly adjacent to the south boundary of DV BLK 20, Lots 8, 9, and 10. Said
alleyway makes a sweeping curve, from an easterly direction to a southerly direction, as it
ascends a steep hillside; and said alleyway terminates at the top of a hill, connecting to the north
side of the intersection of Glenco Street and Sublet Avenue, within the Town of Diamondville,
Wyoming.
The easement shall be for a parcel of land thirty -five (35) feet wide by twenty -five (25) feet long,
attached directly to the southern boundary of DV BLK 20 Lot Number 8, upon which the
Grantees may construct an earthen or rock access ramp. The easement shall more specifically
begin at the south west corner of DV BLK 20 Lot 8, thence following the south boundary of DV
BLK 20 Lot 8 for 35 feet; thence turning south for a distance of 25 feet; thence turning west for a
distance of 35 feet; thence turning north for 25 feet unto the point of beginning. Said ramp shall
not be constructed of any material but earth, rocks or gravel, and shall not include or incorporate
in its design or construciton any concrete, steel, or asphalt.
The easement shall be perpetual and continuing; subject however to the condition that in the
event that GRANTEE ever abandons, removes or destroys the shop building, located on the
south boundary of DV BLK 20 Lot 8, then this easement shall revert to GRANTOR, unless
GRANTEE rebuilds or reconstructs the shop building within six (6) months time. The
GRANTEE shall use its best efforts to restore the property to its original condition in the event
the GRANTEE abandons the easement.
2a. Description of Dominant Estate. The above described easement shall be
for the benefit of the GRANTEE'S property described below:
3. Hold Harmless and Indemnification. With the exception of gross
negligence or criminal misconduct on the part of the GRANTOR, the GRANTEE shall hold the
GRANTOR harmless for any damage which may occur to the utilities installed within the area of
this easement. The GRANTEE shall be solely repsonsible for any costs or expenses of
constructing the access ramp, including engineering or surveying costs, if any. The GRANTEE
shall hold GRANTOR harmless for any injuries to persons or property, including loss of life, that
might arise in the construction and use of the access ramp, by any party. The GRANTEE shall
hold GRANTOR harmless for any injuries to persons or property that may result from a change
in any stormwater discharge, runoff or flood water, as a result of the construction of the access
ramp. GRANTOR does not warrant the suitability of the land for use as an access ramp.
GRANTEE shall be solely repsonsible for obtaining any permits or approvals for the placement
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and maintenance of the ramp, now or in the future; and GRANTEE may be required to make
modifications to the ramp in the future.
3a. COVENANT NOT TO DISRUPT GRANTOR'S BUSINESS. The
GRANTEE shall use its best efforts to avoid any construction, inspection, or work which may
cause the disruption of the GRANTOR'S business. The GRANTEE shall give the GRANTOR
fourteen (14) days written notice prior to the commencement of any activity to construct, replace
or maintan the access ramp, within the easement. Except for emergency cases, whereby the
GRANTEE will use its best efforts not to interfere with the GRANTOR's business. In the
course of constructing, reconstructing, maintianing and using the access ramp, GRANTEE will
not impede access to and along the alleyway; and shall not place equipment or material in a
manner that would block public access along the alleyway, including access by emergency
responders, or access by neighboring lot owners.
4. Binding Effect. The terms and conditions of this easement shall be
binding upon and inure to the benefit of the heirs, successors and assigns of the parties named in
this instrument.
WITNESS my hand this 1. day of Vol- Y 2013.
THE STATE OF WYOMING
SS.
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by ERIC BACKMAN, this
day of 2013.
Witness my hand and official seal.
My Commission Expires: 3/007
ERIC BACKMAN
Duly elected Mayor of the Town of Diamondville
Acting in his official, authorized capacity
M. RAMSPERGER
Notary Public
Lincoln County
Wyoming
Commission Expires