HomeMy WebLinkAbout889883BOOK ,..tZ_;j~ ~'-..~ PR PAGE '"J' 6 7
RECEIVED
LII'.i00Lr'~ C~' " "'
,...,tJ i ~T CLERK
Agreement made, effective as of April ';~'~, 2003, by and between ROBE:BT E.
VALENTINE and AMY VALENTINE, husband and wife, of Fairview, Lincoln County,
Wyoming, and RICHARD N. BROUGH and SANDRA H. BROUGH, husband and wife,
of Fairview, Lincoln County, Wyoming and ALLEN D. CARTER, of Grover, Lincoln
County, Wyoming.
RECITALS
The parties recite and declare:
A. The parties have an interest in adjoining real estate in Lincoln County, State
of Wyoming, and described, respectively, as follows:
(1) ROBERT E. VALENTINE and AMY VALENTINE, husband and wife:
That property as described in the Quitclaim Deed
recorded in book number 445, page number 638,
recording number 865907, in the official records of
the Lincoln County Clerk for and in the County of
Lincoln, State of Wyoming.
AND
That property as described under "Valentine" as
shown on map number 153A, recording number
886137, recorded on December 10th, 2002, in the
official records of the Lincoln County Clerk for and
in the County of Lincoln, State of Wyoming.
(2) RICHARD N. BROUGH and SANDRA H. BROUGH, husband and
wife:
That property as described in "Exhibit A" attached
hereto and made part of this document by reference
and incorporation as set forth fully herein.
AND
Bowers Law Office P. C.
Post Office Box 1550
Afion, [~yoming 83110
Page 1 of 8
368
That property as described under "Richard Brough
40.141 acres" as shown on map number 153A,
recording number 886137, recorded on December
10th, 2002, in the official records of the Lincoln
County Clerk for and in the County of Lincoln,
State of Wyoming.
(3) ALLEN D. CARTER:
That property as described in "Exhibit B" attached
hereto and made part of this document by reference
and incorporation as set forth fully herein.
AND
That property as described under "ALLEN Carter
40.087 acres" as shown on map number 153A,
recording number 886137, recorded on December
10th, 2002, in the official records of the Lincoln
County Clerk for and in the County of Lincoln,
State of Wyoming.
B. The herein identified parties desire to create an easement for ingress,
egress and underground utilities between the above-described adjoining property, for
the benefit for the herein described property.
DECLARATION OF EASEMENT
The Parties agree as follows:
The undersigned parties, their heirs, successors, and assigns, hereby grant and
convey a perpetual easement for ingress, egress, and underground utilities in favor of
the herein described property, hereby benefitting and burdening the herein described
property, the perpetual easement being more particularly described as follows:
Bowers Law Office P. C.
Post Office Box 1550
Afton, D'yoming 83110
Page 2 of 8
'"69
That easement described within Exhibit A and Exhibit B,
attached hereto and made part of by reference and
incorporation;
AND
As described and shown on map 153A, recording number 886137,
filed December 10~h, 2002, in the official records of the Lincoln
County Clerk, for and in the County of Lincoln, State of Wyoming,
and for convenience shown on Exhibit C, "Description of Easement"
attached hereto and made part of by reference.
this easement shall benefit and burden the herein described real property and with
the land.
TERMINATION OF PREVIOUS EASEMENT
ON THE ROBERT E. VALENTINE and AMY VALENTINE PROPERTY
The herein described parties, by the execution of this easement, hereby agree
and vacate the easement that was located on the west side of the herein described
ROBERT E. VALENTINE and AMY VALENTINE Property, said easement described
within the Quitclaim Deed recorded in book 445, page 638, recording number 865907,
in the official records of Lincoln County Clerk, for and in the County of Lincoln, State of
Wyoming. The terminated easement, being in favor of KENDALL G. BROUGH and
CORRIE H. BROUGH, benefitting that property now owned by ALLEN D. CARTER and
RICHARD N. BROUGH and SANDRA H. BROUGH, husband and wife.
The intent of the parties being to vacate the previous easement across the
western portion of the herein described Robert E. Valentine and Amy Valentine
Bowers Law Office P. C.
Post Office Box ]550
Afion, Wyoming 83110
Page 3 of 8
property and create a new easement crossing the southern
Valentine property as described herein.
37O
and eastern portion of the
CONSIDERATION
The mutual promises and agreement of the parties, shall serve as sufficient
consideration and payment under this agreement.
EASEMENT NOT TO BE OBSTRUCTED
The parties, their heirs, successors, or assigns, shall not use the easement or
obstruct the herein described easement in any way that will impair the rights of the
other parties, 'their heirs and assigns in the use of this easement.
USE OF EASEMENT
All parties shall have unlimited use of the herein described easement for any
use that they fee is appropriate, providing however, that such use shall not interfere
with any other party's use of the easement.
EASEMENT TO RUN WITH LAND
This grant of easement shall run with the land and shall be binding on and shall
inure to the benefit of the parties to this agreement, their respective heirs, successors,
or assigns.
INDEMNITY
Each of the parties agrees to indemnify and hold the other harmless from and
against any and all liability for personal injury or property damage when such injury or
Bowers Law Office P. C
Post Office Box 1550
Afton, Wyoming 83110
Page 4 of 8
damage shall result from, arise out of, or be attributable to any use, maintenance or
repair undertaken by either party.
NOTICES
Any notice provided for or concerning this agreement shall be in writing and be
deemed sufficiently given when sent by certified or registered mail if sent to the
respective address of each party as set forth at the beginning of this agreement.
GOVERNING LAW
It is agreed that this agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Wyoming.
ENTIRE AGREEMENT
This agreement shall constitute 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 upon either party except to the' extent incorporated in
this agreement.
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by either
party in connection with this agreement shall be binding only if evidenced in writing
signed by each party or an authorized representative of each party.
NO WAIVER
The failure of either party to this agreement to insist upon the performance of any
of the terms and conditions of this agreement, or the waiver of any breech of any of the
Bowers Law Office P. C.
'Post Office Box 1550
Afton, Wyoming 83110
Page 5 of 8
terms and conditions of this agreement, shall not be construed as thereafter waiving
any such terms and conditions, but the same shall continue and remain in full force and
affect, as if no such forbearance or waiver had occurred.
WAIVER OF HOMESTEAD RIGHTS
The undersigned parties, being 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.
PARAGRAPH HEADINGS
The titles to the paragraphs of this agreement are solely for the convenience of
the parties and shall not be used to explain, modify, simplify, or aid in the interpretation
of the provisions of this agreement.
In witness whereof, each party to this agreement has caused it to be executed on the date
indicated below the provisions of this agreement.
DATED this "~A~ day of April, 2003.
ROBERT E. VALENTINE A-MY ~V-AE~N'TINE
RICHARD N. BROUGH ~ ~" .....
.dZ£EN D. CARTER
RAH. BROU~ -
.Bowers Law Office P. C.
Post Office Box 1550
,~fion, Wyoming 83110
Page 6 of 8
STATE OF WYOMING
CO UNTY OF LINCOLN
'73
The foregoing instrument was acknowledged before me by ROBERT E.
VALENTINE and AMY VALENTINE, husband and wife, this ~O~_~ day of April 2003.
WITNESS my hand and official seal.
NOTARY PUBLI~ ~
My commission expires:
STATE OF WYOMING
COUNTY OF LINCOLN
)
)ss.
)
The foregoing instrument was acknowledged before me by RICHARD N.
BROUGH and SANDRA H. BROUGH, husband and wife, this 720"~ day of April, 2003.
WITNESS my hand and official seal.
My commission expires: [ ~. ~ ~0' (3 (o
NOTARY PUBLIC
Bowers Law Office P. C.
Post Office Box 1550
Afion, Wyoming 83110
Page 7 of 8
STATE OF WYOMING
COUNTY OF LINCOLN
)
) ss.
)
374
The foregoing instrument was acknowledged before me by ALLEN D. CARTER,
this ~4~ day of April, 2003.
WITNESS my hand and official seal.
NO TAR Y P UBL~
My commission expires: Il' ~ ' 0(49
Bowers Law Office P. C.
Post Office Box 1550
Afion, Wyoming 83110
Page 8 of 8
EXHIBIT A
'75
Description: Brough 40.141 Acres
A portion of the property as referred to in the Deed recorded in Book 451PR, on Page
277, within the
N1/2SE1/4 of Section 14, T31N, R119W, of the 6th. P.M., Lincoln County, Wyoming,
the Metes and
Bounds being more particularly described as follows:
BEGINNING at the B.L.M. Type Monument marking'the Marlowe A. Scherbel PLS
5368, 1999 location
for the Southwest Comer of said N1/2SE 1/4; thence NO ° 16'47"E, along the West line of
said N1/2SE1/4,
659.85 feet to an Aluminum Cap on an Iron Pipe; thence N89°36'15"E 2,650.06 feet to
an Aluminum Cap
on an Iron Pipe marking a point in the East line of said N1/2SE1/4; thence S0°01'52"E,
along said East
line, 658.95 feet to the B.L.M. Type Monument marking the Lloyd B. Baker PE/LS 698,
2002 location
for the Southeast Comer of said N1/2SE1/4; thence S89°35'08"W, along the South line of
said
N1/2SE1/4, 2,653.65 feet, to the Point of Beginning, containing 40.141 Acres of land.
TOGERTER WITH and SUBJECT TO: A 30 Feet wide Non-Exclusive Right-of-Way
Easement, along the
West and North lines of the N1/2 of said SE1/4, the West and North lines being more
particularly described
as follows:
BEGINNING at the B.L.M. Type Monument marking the Marlowe A. Scherbel PLS
5368, 1999 location for
the Southwest Comer of said N1/2SE1/4; thence N0°I 6'47"E, along the West line of said
N1/2SE1/4,
1,319.70 feet to B.L.M. Type Monument marking the Marlowe A. Scherbel PLS 5368,
1999 location for
the Northwest Comer of said SE1/4; thence N89 °37'22"E, along the North line of said
SE1/4, 1,805 feet.
TOGETHER WITH and SUBJECT TO: A 40 feet wide Non-Exclusive Right-of-Way
Easement for Ingress,
Egress and Utilities, being a portion of the N1/2SE1/4 of Section 14, T31N, R119W, of
the 6th. P.M., Lincoln
County, Wyoming, the Right line being mOre particularly described as follows:
BEGINNING at a Spike marking a point in the South line of said N1/2Sel/4, said Point
being
778.70 feet N89 °35'08"E, along said South line, from the B.L.M. Type Monument
marking the
3?6
Marlowe A. Scherbel PLS 5368, 1999 location for the Southwest Corner of said
N1/2SE1/4;
thence N0°07'00"E 628.84 feet to a Spike; thence N89°36'lS"E 588.21 feet to a Spike;
thence N0°0T28"E '690.12 feet to a Spike marking a point in the North line of said
N1/2SE1/4.
TOGETHER WITH: A 30 feet wide Non-Exclusive Right-of-Way Easement,
A portion of the Valentine property, as referred to in the Deed recorded in Book 445, on
Page 638, with the
Office of the Clerk of Lincoln County, Wyoming, within the SW1/4SE1/4 of Section 14,
T31N, R119W, of the 6th. P.M.,
Lincoln County, Wyoming, the Right line being more particularly described as follows:
BEGINNING at the Witnessed Spike marking Paul N. Scherbel RLS 164, 1980 location
for the Southwest Corner of said
SE1/4; thence N89°32'54"E, along the South line of said SE1/4, 782.47 feet to a Spike
marking a point in an existing
North-South fence; thence N0°07'00"E, roughly along said fence, 1,319.15 feet to a Spike
marking a point in the North
line of SW1/4SE1/4, allowing for additional space at the corner to make the turn with
large trailers.
TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Reservations,
Restrictions, Rights-of-Way and
Improvements of sight and or record.
EXHIBIT B
Description: Carter 40 Acres
A portion of the SEl/4 of Section 14, T31N, R119W, of the 6th. P.M., Lincoln
County, Wyoming, the Metes and Bounds being more particularly described as
follows:
BEGINNING a[ the B.L.M. Type Monument marking the Marlowe A. Scherbel
PLS 5368, 1998 location for the Northeast Corner of said SE1/4; thence
S0°01'52"E, along the East line of said SEl/4,658.95 feet to an Aluminum Cap
of an Iron Pipe; thence S89°36'15"W 2,650.06 feet to an Aluminum Cap on an
Iron Pipe marking a point in the west line of said SEl/4; thence N0°16'47"E,
along said East line, 659.85 feet to the B.L.M. Type Monument marking the
Marlowe A. Scherbel PLS 5368, 1999 location for the Northwest Corner of said
SEl/4; thence N89°37'22"E, along the North line of said SEl/4, 2,646.47 feet, to
the Point of Beginning, containing 40.087 Acres of land.
TOGERTER WITH and SUBJECT TO: A 30 Feet wide Non-Exclusive
Right-of-Way Easement, along the West and North lines of the Nl/2 of said
SE1/4, the West and North lines being more particularly described as follows:
BEGINNING at the B.L.M. Type Monument marking the MarloWe A. Scherbel
PLS 5368, 1999 location for the Southwest Corner of said N1/2SEl/4; thence
N0°16'47"E, along the West line of said N1/2SE1/4, 1,319.70 feet to B.L.M. Type
Monument marking the Marlowe A. Scherbel PLS 5368, 1999 location for the
Northwest Corner of said SE1/4; thence N89°37'22"E, along the North line of
said SEl/4, 1,805 feet.
TOGETHER WITH and SUBJECT TO: A 40 feet wide Non-Exclusive
Right-of-Way Easement for Ingress, Egress and Utilities, being a portion of the
NlI2SE1/4 of Section 14, T31N, R119W, of the 6th. P,M., Lincoln County,
Wyoming, the Right line being more particularly described as follows:
BEGINNING at an Aluminum Cap on an Iron Pipe marking a point in the South
line of said N1/2Se1/4, said Point being 778.70 feet N89°35'08"E, along said
South line, from the B.LM. Type Monument marking the Marlowe A. Scherbel
PLS 5368, 1999 location for the Southwest Corner of said Nl/2SE1/4; thence
N0°07'00"E 628.84 feet to an Aluminum Cap on an Iron Pipe; thence
N89°36'15"E 588.21 feet to an Aluminum Cap on an Iron Pipe; thence
N0°07'28"E 690.12 feet to an Aluminum Cap on an Iron Pipe marking a point in
the North line of said N1/2SE1/4,
' 77
Rpr 10 C3 10:43a LlowdB
883-4194
IO.8
3Bm3 g78
TOGETHER WITH: A 30 feet wide Non-Exclusive Right-of-Way Easement,
A portion of the Valentine property, as referred to in the Deed recorded in Book
, on Page ,' with the Office of the Clerk of Lincoln County,
Wyoming, within the SW1/4SE1/4 of Section 14, T31N, R119W, of the 6th. P.M.,
Lincoln County, Wyoming, the Right line being more particularly described as
follows:
BEGINNING at the Witnessed Spike marking Paul N. Scherbel RLS 164, 1980
location for the SoUthwest Corner of said SEl/4; thence N89°32'54"E, along the
South line of said SEl/4, 782.47 feet to an Aluminum Cap on an Iron Pipe
marking a point in an existing North-South fence; thence N0°07'00"E, roughly
along said fence, 1,319.15 feet to an Aluminum Cap on an Iron Pipe marking a
point in the North line of SW1/4SE1/4, allowing for additional space at the corner
to make the turn with large trailors.
TOGETHER WITH and SUBJECT TO: All Easements, Exceptions,
Reservations, Restrictions, Rights-of-Way and Improvements of sight and or
record.
IT C -DESCRIPTION OF EASEMENT
VACATED
EASEMENT
ONLY ON
VALENTINE
PROPERTY
/
Alien Carler I~ ~
Valentine
445/638
X : ~X..X~/~" X X ~S4alZ;( X X/] ~ X~,~.~.;~ X X X X ~ ~ ~'
--NEWE~A"EME T
778.70'
30 Feet Easement