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HomeMy WebLinkAbout890536 LINcoL ?EO~IVED ~ I,J O0!~.~-ry CLERK 890536 SHARED ACCESS AND UTILITY?? EASEMENT AG EMENT , , ..:..~,¢ . Agreement made, effective as of ~ay_b ,2003, by and between KELLY A. JOHNSON and CEhlA A. JOHNSON, husband and wife of 76219 Hwy 89, Smoot, County of Lincoln, State of Wyoming; and THE GARRY MATTHEWS CROOK REVOCABLE TRUST, dated the 7~' day of Janua~, 1999, Gar~ Matthews Crook, Trustee, of 2637 Bittercreek Road, Fai~iew, County of Lincoln, State of Wyoming; and THE KARLENE HORNE CROOK REVOCABLE TRUST, dated the 7~' day of January, 1999, Karlene Home Crook, Trustee, of 2637 Bittercreek Road, Fai~few, County of Lincoln, State of 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: KELLY A. JOHNSON and CELIA A. JOHNSON, husband and wife: That property described in that instrument recorded in Book 441, Page 414, in the official records of the Lincoln County Clerk, in and for the County of Lincoln, State of Wyoming. 2. GARRY MATTHEWS CROOK REVOCABLE TRUST, dated 7 January, 1999, Garry Matthews Crook, Trustee; and KARLENE HORNE CROOK REVOCABLE TRUST, dated 7 January, 1999, Karlene Horne Crook, Trustee: That property described in that instrument recorded in Book 425, Page 185, in the Bowers Law Office, P.C., P.O. Box 1550 A/lo,z, Wyoming 83110 307-885-0640 Page 1 of 6 offi(~ial records of the Lincoln CountY Clerk, in and for the County of Lincoln, State of Wyoming. B. The herein identified parties desire to create a shared access utility easement for ingress, egress and underground utilities between the above-described adjoining property, for the benefit for the property described in paragraph A. 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 property described in paragraph A, hereby benefitting the property described in paragraph A, the perpetual easement being more particularly described as follows: That easement described in Exhibit A, "Description for Kelly A. Johnson and Celia A. jOhnson AND The Garry Matthews Crook Revocable Trust, dated 7 January, 1999 AND The Karlene Horne Crook Revocable Trust, dated 7 January, 1999, Shared Access and Utility Easement;" attached hereto and made part of by reference and incorporation. 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. Bowers Law Office, P.C., P.O. Box 1550 Afion, Wyoming 83110 307-885-0640 Page 2 of 6 USE OF EASEMENT All pa~ties shall have unlimited use of the herein described easement for any use that they feel 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 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 n~'t be binding upon either party except to the extent incorporated in this agreement. Bowers Law Office, P.C., P.O. Box 1550 Afion, Wyoming 83110 307-885-0640 Page 3 of 6 MODIFICATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either party in c'onnection 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 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 t~rovisions of this agreement. DATED this ~' O~day of May, 2003. Bowers Law Office, P.C., P.O. Box 1550 Afion, 14'yoming 83110 307-885-0640 Page 4 of 6 KELZ r A. 143 RRY MTTTH~WS CROOK, Trustee of the Garry- ~----Matthews Crook Revocable Trust, dated January 7, 1999. KARLENE HORNE CROOK, Trustee of the Karlene Home Crook Revocable Trust, dated January 7, 1999. STATE OF I4;FOMING CO UNTY OF LINCOLN The foregoing instrument was acknowl, e,~dged before me by KELL Y A. JOHNSON and CELIA A. JOHNSON, husband and wife, this ~c5v~ day of May, 2003. WITNESS my hand and official seal. NOTARY PUBLIC My commission expires: Bowers Law Office, P. C, P.O. Box 1550 Afion, Wyoming 83110 307-885-0640 Page 5 of 6 STATE OF WYOMING ) )SS. CO UNTY OF LINCOLN ) SUBSCRIBED AND SWORN to me this ~ © day of May, 2003, by GARRY MATTHEWS CROOK, who appeared before me and was personally known to me, who being duly sworn and upon oath represented that he was the TRUSTEE of the GARRY MATTHEWS CROOK REVOCABLE TRUST, dated the 7a' day of January, 1999, and that the instrument was signed on behalf of the Trust by the authority of the trustee, and that he executed the instrument on behalf of the GARRY MATTHEWS CROOK REvoCABLE TRUST to be the free act and deed of the Trust. WITNESS my hand and official seal. NO TAR Y PUBLIC My Commission Expires: STATE OF kPTOMING ) )SS. COUNTY OF LINCOLN ) SUBSCRIBED AND SWORN to me this ~b4'v"'--day of May, 2003, by KARLENE HORNE CROOK, who appeared before me and was personally known to me, who being duly sworn and upon oath represented that she was the TRUSTEE of the KARLENE HORNE CROOK REVOCABLE TRUST, dated the 7th day of January, 1999, and that the instrument was signed on behalf of the Trust by the authority of the trustee, and that she executed the instrument on behalf of the' KARLENE HORNE CROOK REVOCABLE TRUST to be the fi'ee act and deed of the Trust. ~VJTNESS my hand and official seal. NO TAR Y PUBLIC Bowers Law Office, P. C, P.O. Box 1550 Afion, Wyoming 83110 307-885-0640 Page 6 of 6 DESCRiPTION FOR KELLY A. JOHNSON AND CELIA A. JOHNSON AND THE GARRY MATTHEWS CROOK REVOCABLE TRUST, DATED 7 JANUARY 1999 AND THE KARLENE HORNE CROOK REVOCABLE TRUST, DATED 7 JANUARY 1999 SHARED ACCESS AND UTILITY EASEMENT 4 5 Prolessional Land Surveyors Paul N. Scherbel Wyo. Regislralion No. 164 Ulah Regislration No. 1670 Idaho Registralion No. 3990 Nevada Regislralion No. 6805 Scoll A. Scherbel Wyo. Registralion No. 3889 Idaho Regislration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbel, LTD. Aflon, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho To-wit: - - That part of the S½SE¼ of Section 25, T31N Rll9W and that part of the N½NE¼ of Section 36, T31N R119W, Lincoln County, Wyoming, described as follows: BEGINNING at the southeast corner of said S ½SE¼; thence S89°-29'-17"W, 30.00 feet, along the south line of said S½SE¼, to a point on the westerly right-of-way line of the Smoot-Alton County Road No. 12-148; thence N74°-06'-05"W, 106.19 feet, to a point; thence S89°-29'-17"W, 1229.56 feet along' a line parallel with the south line of said S½SE¼, to a point on an existing irrigation pipeline; thence S00°-01 '-22"W, 60.00 feet, to a point; thence N89°-29'-17"E, 1214.66 feet, along a line parallel with the south line of said S½SE¼, to a point; thence S61°-37'-15"E, 132.88 feet, to a point on said westerly right-of-way line; thence S89°-55'-01"E, 30.00 feet, to a position on the east line of said N½NE¼ of Section 36; thence N00°-04'-59"E, 94.52 feet to the CORNER OF BEGINNING; the BASE BEARING ,for this survey is the east line of the SE¼ of Section 25, T31N, R119W, being NORTH; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "position" is a calculated position with no monument found or set; all in accordance with the plat pre )ared to be filed in the Office of the Clerk of Lincoln County titled, "WESTERN SUN¢ ~,4RANCHETTES WITHIN THE S½SE¼ SECTION 25 NV.~E~. SE,QTION 36.~1~/ ~/i/9W LINCOLN COUNTY, WYOMING", dated 28 May 2003 "Modification in any way of the fore ' tescription terminates liability of the s