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Home My WebLink About979674979674 12/11/2014 2:28 PM LINCOLN COUNTY FEES: $24.00 PAGE 1OF 5 BOOK: 844 PAGE: 577 AGREEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK 11111111 1111111111 111111 1111111111 I I 1 11111 1111111111 I I I I I I I I I I I I I 1 1111111111 T i l l CANAL EASEMENT AGREEMENT THIS CANAL EASEMENT AGREEMENT, effective this 5th day of December, 2014, is granted by LANCE W. BATEMAN and BECKY D. BATEMAN, husband and wife, tenants by the entireties, P.O. Box 5042, Etna, Wyoming 83118, GRANTORS, to THE EAST SIDE CANAL COMPANY, a Wyoming ditch company formed pursuant to Wyoming Statutes §17- 12-102, c/o P.O. Box 167, Freedom, Wyoming 83120, GRANTEE. WHEREAS, Grantors own that real property described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on November 21, 100 in Book 292 PR at Page 10 as Instrument No. 725875, hereafter, "Grantor's Property and WHEREAS, Grantees dwn and operate that land conveyed in the Deed that was recorded in the land records of Lincoln County, Wyoming on May 4, 1955 in Book 10 PR at Page 199 as Instrument No. 212747, hereafter, "Grantee's Property and WHEREAS, Grantors wish to grant to Grantees an easement on a portion of Grantor's Property to allow Grantees to access to operate and maintain the canal within Grantee's Property. NOW, THEREFORE, Grantor hereby grants to Grantee the following easement: 1. PURPOSE. The easement shall be for the purpose of ingress and egress and for the operation and maintenance of the canal within Grantor's and Grantee's Property. 2. EASEMENT. The easement is described as the western twenty feet (20') of that portion of Grantor's Property described in legal description titled "DESCRIPTION FOR LANCE W. BATEMAN AND BECKY D. BATEMAN BATEMAN FAMILY EXEMPT TRACT attached hereto, as shown on the "PLAT OF FAMILY EXEMPT TRACT FOR LANCE W. BATEMAN AND BECKY D. BATEMAN WITHIN THE NE1 /4SW1 /4 SECTION 11 T35N R119W LINCOLN COUNTY, WYOMING recorded in the official records of Lincoln County, Wyoming on February 3, 2010 as Receiving No. 951957 and as Plat No. 377 -A, a copy of which is attached hereto. 3. EASEMENT TO RUN WITI•I THE LAND. The easement created herein shall run with the properties identified herein, and shall be binding on Grantors and their heirs and assigns, and shall inure to the benefit of the Grantee, and its successors and assigns. CANAL EASEMENT AGREEMENT PAGE 1 OF 3 CANAL EASEMENT AGREEMENT PAGE 20F3 4. 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, Grantor and Grantee state and declare that consideration has been provided to each of them for this Agreement. 5. EASEMENT COVENANTS. The parties, for themselves and their successors and assigns, hereby agree: a. Except for temporary obstructions required for the purposes of operating, maintaining, repairing, and improving the easement, 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 operation, maintenance, repair, and improvement shall be done in a manner that minimizes any inconvenience to all who are authorized to use the easement. b. Each party hereto agrees to indemnify and hold harmless the other party 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 recklessly or intentionally caused. 6. 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. 7. 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. 8. 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. 9. WAIVER OF HOMESTEAD RIGHTS. The parties, for themselves and their 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. 10. ATTORNEY'S FEES. The parties agree that should any litigation be commenced between the parties concerning this Agreement, or the rights and /or duties of them in relation thereto, including any action to collect sums due hereunder, the party prevailing in such litigation shall be entitled to a reasonable sum for attorney's fees. IN WITNESS WHEREOF, each party to this Agreement has caused it to be signed on the dates indicated below. LANCE W. BATEMAN l STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 5th day of December, 2014 by LANCE W. BATEMAN and BECKY D. BATEMAN. WITNESS my hand and official seal, M KEVIN VOYLES NOTARY PUBLIC CLincoln of t`'`ip" Wyoming My Commission Expires: July 16, 2015 My Commission expires: 071/6/1," STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 5th day of December, 2014 by ROBERT CHOMA, PRESIDENT of THE EAST SIDE CANAL COMPANY, a Wyoming ditch company, as authorized by its Board of Directors. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln �l�.,' Wyoming My Commission Expires: July .16, 2015 My Commission expires: cal CANAL EASEMENT AGREEMENT PAGE3(»3 I5, THE EAST SIDE CANAL COMPANY, a Wyoming ditch company BY: grect- ROBERT CHOMA, PRESIDENT Professional Land Oa voyora r ad N.6Sarbal V7yv, Rogla0eUon No, 164 VIA Rolto6al1on Ho. 1610 Idaho Regls6olbn 3990 Il r2da Rtga4atan 11a. 6605 SwU A. Scheibe] l5) o.Ro0ls0a1on No. 3669 Idaho Reglllm0on NO. 602G 1.)130806 Ito. 372111 WlLOWEA SCIIERUEL Wyo. IWO: MW Np 5366 Sunroyor Sr1:a,hel, LTO, Mon. Wyoming isek1�on 0t m6rgg Lava Nol Sprint. Idaho Honlpebel,ldaba DESCRIPTION FOR LANCE W. BATEMAN AND BECKY D. BATEMAN BATEMAN FAMILY EXEMPT TRACT To-wit That part of the NE1 /4SW1/4 of Section 11, T35N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 10 of Photostatic Records on page 199 and part of that tract of record in said office in Book 292 of Photostatic Records on page 10, described as follows: BEGINNING at a spike on the north line of said NE1 /4SW1 /4, N89 55' -43 "W, 490.37 feet, from the northeast corner of said NE l /4SW 1/4; thence S02 24' -10 "E, 255.27 feet, to a point; thence S80 04' -23 "W, 160.54 feet, to a pusition on the centerline of the East Side Canal; thence northwesterly along said centerline: N17°- 27' -51 "W, 121.99 feet, to a position; N13 56' -43 "W, 61.48 feet, to a. position; N09 54' -54 "W, 108.58 feet, to a position at the intersection of said centerline with the north line of said NE1/4SW1 /4; thence S89 55' -43 "E, 217.56 feet, along said north line, to the SPIKE OF BEGINNING; ENCOMPASSING an area of 1.20 acres, more or less; the BASE BEARING for this survey is the north line of the SW/ of Section 11, T35N R119W, being S89 °•55' -43 "E; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across the westerly twenty (20) feet of the above described "GATEMAN FAMILY EXEMPT TRACT each "comer" fotuld as described in the Corner Record filed or to be filed in the ()Mee of the Clerk of Lincoln County; "ST SCHERBEL LTD AFTON steel WY PLS 11810 with appropriate dta li s cap inscribed, each "spike" harked 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 I.TD AFTON WY PLS 11810 with appropriate details; each "position" is a calculated position with no monument found or set; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF FAMILY EXEMPT TRACT FOR LANCE W. BATEMAN AND BECKY D. BATEMAN WITHIN THE NE1 /4SW1/4 SECTION 11 '1'35N R119W LINCOLN COUNTY, WYOMING dated 22 September 2009, as revised. 1 January 2010 \TRITreetFE\ LanceBateraan "Modification In any way of the foregoing description terminates liability of the surveyor" 1 ....Oa v.v... Me DETAIL NEI/43%7g SECTION 12 TS5N R11991 Mos ..a.C.r zermr,exe ..0...<-- 7..r. ,..arsc,•=r--Get. V.! P70 s04Le Jati9 o• ore .P07 SIXO SORVEY1NOMINCe11- Tro,,, rha =no. wrtn. 5.1732.1. 04811FICASE OR iSCOKAAVON at cies or urysa [vat. e•Z‘'.7,•, 5E -RiegIOS incre-XLI.C.K ./7= WA ry= "dr< 11. .A<WITelv.Ge CEFOIBERZEOFSERVSYOR =Jure Cr .4Cr-l• I vorazar...“”Kka IC. G ■1) .1•4 a z 4 I L 1.710/WD nal.... a Caws 4.cori le No 7-40 US Oft. al Ira Z.. a. Li.. C.... stackqe bee1a. 0 Ws a ktr. pm luicaLmc a Mos.. PC.A0M. feud ce cat liallctaa •04 InCluncal aocC br nccra. Oa smaele• .170.00707. N..... MI..., I. 0. 0 OA GocCen rat 'alga. awn. Secrls,2 FECCIVED 77.1,411 731007 7.3C LINCANCOLNITC/VICAMOLECIR.Wf PLAT OF FAMILY =EMI' TRACT FOR LANCE W. BATEMAN AND BECKY D. BATSMAN wmint 7"11E NE114SW1/ 4 SECTION 11 135N RI 19W LINCOLN a)UNTY, WYOMING 7-,4