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HomeMy WebLinkAbout888101ACCESS EASEMENT FRED M. PUTNAM AND JEAN PUT~, ~a~d RECEIVED LIN00Ltl OOU?,ITY CLERK .and wife, Grantors, of PO Box 1373, Alton, WY 83110, for and in consideration of Ten Dollars ($10.00)-:a'hd :~{'hbr goOd ':',: ": and valuable consideration, in hand paid, receipt of which is hereby acknowledged, GRANT AND CONVEY to MARLOWEA. SCHERBELand CONNIE M. SCHERBEL, husband and wife, Grantees, whose address is PO Box 725, Afton, Wyoming 83110, the following described perpetual non-exclusive easement for the following purposes: 1.. PURPOSE OF EASEMENT. This easement is granted for the purpose of granting to the Grantees a perpetual, non-exclusive easement for the purpose of ingress and egress only across the following described property the legal description of which is marked Exhibit "A" attached hereto and by this reference made a part hereof, so as to access their property as described in Paragraph 3. This easement is not for the purpose of providing or creating a.public right-of-way or access and is limited to the Grantees, their agents, and successors and assigns. 2. CONDITIONS OF THIS EASEMENTi The conditions of this easement are: Located on the easement is a retaining wall which shall not be removed by the Grantees without the prior written consent of the Grantors over whose land this easement is located on. The described easement is a non-exclusive easement and the Grantor reserves the right to grant additional easements over the same described property and to use the property for any use that does not interfere with the easement as granted. Grantees shall be liable for all damages caused to Grantors land in using the easement. The within easement grant is intended to be an easement running with the land that it serves and shall be perpetual so long as it is used as set forth herein above and this easement shall automatically terminate if it is not used for 3 consecutive years. 3. PROPERTY BENEFITTED BY EASEMENT. This easement is for the benefit of the following described real prOperty of Grantees which is situated in the County of Lincoln, State of Wyoming to wit: A PARCEL OF LAND in the Southeast Quarter of the Southwest Quarter (SE¼SW¼) of Section Six (6), Township Thirty-One (31) North, Range 118 West of the 6th P.M., Wyoming, more particularly described as follows' BEGINNING at a point which is located 432.44 feet South 89o35' West and 511.5 feet North 0 °25' West of the South Quarter Corner of Section Six (6), Township Thirty-One (31) North, Range 118 West of the 6th P.M., Wyoming, thence North 0°25' West, 148.5 feet; thence South 89°35' West, 165.0 feet; thence South 0o25' East, 148.5 feet; thence North 89°35' East, 165.0 feet to the point of beginning. And also: BEGINNING at a point 1910.56 feet North 89o-35, East and 330.0 feet North 0o-25' West of the Southwest corner of Section 6, Township 31 North, Range 118 West; thence 330.0 feet North 0o-25' West, thence 132.0 feet North 89o-35' East, thence 330.0 feet South 0o-25' East, thence 132.0 feet South 89 °-35' West to the point of beginning. 4. DESCRIPTION OF EASEMENT. The easement is described as follows: That parcel of property as more fully described on Exhibit "A" a copy of which is attached hereto and by this reference made a part hereof. 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, assigns of the parties named in this instrument. IN WITNESS WHEREOF, we have set our hands '~'¢~~% , 2003. of this as _ day of FRE D"M. PUTNAM JEAN PI.~IAM .STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrume.nt was acknowledged before me by FRED M. PUTNAM AND JEAN PUTNAM, this ~'](F'd'ay of ?¢~.~2003. J WITNESS my hand and offioial seal. otary~ : . j DESCRIPTION OF AN EASEMENT ACROSS LOT 5 - WESTVIEW VILLAGE SUBDIVISION 727 To-wit: - - That part of Lot 5 of the Westview Village Subdivision of record in the Office of the Clerk of Lincoln County as Plat No. 222 lying and being situate northeasterly of the southwesterly face of an eXisting concrete wall located in the northeasterly part of said Lot 5, more particularly described as follows: BEGINNING at the intersection of the ~vesterly right-of-way line of Pine Lane of said Subdivision with the north line of said Lot 5: thence S00°-13.5'E, 16 feet, more or less, along said right-of-way line, to the southwesterly face of said concrete wall; thence northwesterly, 29 feet, more or less, along said southwesterly face, to an intersection with said north line; thence N ° ' . 89 -35 E, 24 feet, more or les,, along said north line, the INTERSECTION ~2~~4~January 2003 Prolessional Lsnd Surveyors Paul N. Scherbel Wyo. Regislralion No. 164 Ulah Regislrallon No~ 1670 Idaho Registration No. 3990 Nevada RegislralJon No. 6805 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registrallofl No. 372111 MARLOWE A. SCHERBEL Wyo. Registralion No. 5368 Surveyor Scherbel, LTD. Allon, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Monlpelier, Idaho "Modification in any way of the foregoing description terminates liability of the surveyor"