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HomeMy WebLinkAbout978169 EASEMENT Marie G. Walton, aka Marie Walton, Trustee of the Family Subtrust created under the Evan H. Walton and Marie G. Walton Living Trust dated March 25, 1998, Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, GRANT AND CONVEY to Edna W. Nield and Pam Titensor, as Tenants in Common, Grantees, whose address is PO Box 562, Afton, WY 83110, the following described non exclusive perpetual right -of -way and utility easement for the following purposes: 1. PURPOSE OF EASEMENT. This easement is granted for the purpose of providing a perpetual, non- exclusive easement for access to their property, including ingress and egress, and all utilities to the property described in Paragraph 3, including the right to construct and maintain a roadway to provide that ingress and egress and for all utilities. This easement is not for the purpose of providing or creating a public right -of -way or access and is limited for the purpose of providing access and utilities to the Grantees' property as described in Paragraph 3. 2. CONDITIONS OF THIS EASEMENT. The conditions of the easement are: a. The easement may not be fenced by the Grantee without the prior written consent of the Grantors. b. Grantee may use the described easement for access and utilities to their property described in Paragraph 3. c. This easement is a non exclusive perpetual easement and the Grantors reserve the right to grant additional easements over this same described property. d. Grantors reserve the right to use this easement for any and all uses that do not interfere with the rights granted herein. e. The road access easement shall include the right to construct, maintain, improve, and repair the access road; provided however any utilities that are placed within the easement shall be placed underground within the easement boundaries and the Grantee shall be responsible for restoring the easement so as to allow access across the same and shall properly maintain the easement. That Grantee shall be responsible for restoring the easement area following placement of the buried utilities. The Grantor shall have the right to utilize any underground utilities without any additional cost. f. The within easement grant is intended to be an easement running with the land which it serves and shall be perpetual so long as it is used for a road and utility access purposes. 3. PROPERTY BENEFITTED BY EASEMENT. This easement is for the benefit of the following described real property of Grantee in Lincoln County, Wyoming, described as follows: The property as set forth as "Meadow Parcel" and described in that certain Warranty Deed dated August 22, 2012 and recorded August 29, 2012 in the office of the Lincoln County Clerk in Book 792PR page 657 as instrument 966512, being the NE'/4NW' /4 of Section 15, T32N R119W, Lincoln County, Wyoming. 4. DESCRIPTION OF EASEMENT. The easement is described as follows: That parcel of property as more fully described on Exhibit "A titled "Description for Edna Nield and Pam Titensor from the Evan H. Walton and Marie G. Walton Living Trust dated 25 March 1998 5. BINDING EFFECT. The terms and conditions of this easement shall be binding upon and enure to the benefit of the heirs, successors in interest, and assigns of the parties named in this instrument provided however that this easement is limited to the property as described in Paragraph 3 hereof. IN WITNESS WHEREOF, we have set our hands as official seal this J9 day of August, 2014. EVAN H. WALTON AND MARIE G. ALTON LIVING TRUST Y7q.A4;c /00. 0 64.19 4f1t Marie G. Walton, rustee 978169 8/28/201 2:13 PM by her attorney -in -fact Lane David Walton LINCOLN COUNTY FEES: $18.00 PAGE 1 O 3 BOOK: 838 PAGE: 534 EASEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK 1 11111 IIIII 11111 IIIII ��III Ell IIII 11 I III IIII 1111 STATE OF WYOMING )ss. COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Lane David Walton, attorney -in -fact for Marie G. Walton, Trustee of the Evan H. Walton Living Trust dated March 25, 1998 this 9 day of August, 2014. WHWE48 handt -and iskkteal CARRIE TAYLOR NOTARY PUBLIC County of State of Lincoln 4 icy Wyoming f 4. 1i J y My Commission Expires 0114 ry Public My Commission Expires: 6// aQ Grantees approved of the conditions and stipulations stated herein: ZL 7 Edna W. Nield Pamela Titensor STATE OF WYOMING )ss. COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by Edna W. Nield and Pamela Titensor this 9 day of August, 2014. eal. T AYLOR NOTARY PUBLIC County of 0 J'',. State of Lincoln el,TL' o' Wyoming 44,1 My Commission Expires Notary Pu My Commission Expires: :///,404/ 2 DESCRIPTION FOR EDNA NIELD AND PAM TITENSOR FROM THE EVAN H. WALTON AND MARIE G. WALTON LIVING TRUST, DATED 25 MARCH 1998 To -wit: A strip of land being thirty -three (33) feet wide within the S %2NW1/4 of Section 15 and the SE1/4NE1/4 of Section 16, T32N R119W, Lincoln County, Wyoming, described as follows: The north thirty -three (33) feet of the SE' /4NE' of said Section 16 and the north thirty- three (33) feet of the SW1/4NW1/4 of said Section 15 and the north thirty -three (33) feet of the west fifty (50) feet of the SE1/4NW1/4 of Section 15. It being the intent to describe a thirty -three (33) foot strip of land beginning within the right -of -way of State Highway 238 and ending fifty (50) feet east of the southwest corner of the NE1/4NW1/4 of said Section 15. That no surv- •leted and this description was created from documents of record in the off -®rP�a r incoln County. 0 P F. Sry� fr t. 15 Au: st :014' Revised 7 Augus 201= WyOMtNG Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Spdngs,Idaho Montpelier, Idaho "Modification in an y way foregoing of the fore description terminates liability or' 9 descri p Y of the surveyor"