HomeMy WebLinkAbout890874$OOK_ 2 5 gg� 7
EASEME o� l!�t��`�
-PR PAGE
JEANNE t N F R
Agreement made, effective as of May 15 2003, by and between; DAYfD I Ntir,
BRUCE HENDRICK, and SUSAN K. HENDRICK, husband and wife, of P.O. Box 1388,
Afton, Lincoln County, Wyoming, GRANTORS, and KYLE L. ERICKSON and WENDY
D. ERICKSON REVOCABLE TRUST, dated December 21,1994, of P.O. Box 182,
Auburn, Lincoln County, Wyoming, GRANTEES.
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) DAVID BRUCE HENDRICK and SUSAN K. HENDRICK, husband and
wife:
Bowers Law Office, P.C.,
P.O. Box 1550
Afton, Wyoming 83110
307 -885 -0640
(BURDENED PROPERTY)
That property as described in the deed recorded in Book
330, Page 21 of the Official Records of the Lincoln County
Clerk in and for the County of Lincoln, State of Wyoming,
hereby being incorporated by reference as if fully set forth
herein.
(2) KYLE L. ERICKSON and WENDY D. ERICKSON
REVOCABLE TRUST, dated 21 December 1994:
(BENEFITTED. PROPERTY)
That property as described in the deed recorded in Book
365, Page 796 of the Official Records of the Lincoln County
Clerk in and for the County of Lincoln, State of Wyoming,
hereby being incorporated by reference as if fully set forth
herein.
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 of the property described in paragraph A(2).
Page 1 of 4
RECEIVED
LINCOLN COUNTY CLERK
0890874
DECLARATION OF EASEMENT
That easement described in Exhibit A,
attached hereto and made part of by reference and
incorporation;
25 8
l�
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 property described in paragraph A(2), hereby burdening the herein property
described in paragraph A(1), the perpetual easement being more particularly described
as follows:
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 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.
Bowers Law Office, P.C.,
P.O. Box 1550
Afton, Wyoming 83110
307 885 -0640
Page 2 of 4
0850874
rA
4 5
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 not be binding upon either party except to the extent incorporated in
this agreement.
Bowers Law Office, P.C.,
P.O. Box 1550
Afton, Wyoming 83110
307 -885 -0640
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
terms and conditions of this agreement, shall not be construed as thereafter waiving
Page 3 of 4
08 3 05 74
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 /S day of May, 2003.
DAVID BRUCE HENDRICK SUSAN K. HENDRICK
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by DAVID BRUCE
HENDRICK and SUSAN K. HENDRICK, husband and wife, this 15th day of May, 2003.
My commission
Bowers Law Office, P.C.,
P.O. Box 1550
Afton, Wyoming 83110
307 885 -0640
WITNESS my hand and official seal.
Jamie DeCora NOTARY PUBLIC
g wa,vaP-4t,veieyck-
SS.
State of
Wyoming
Yn�ca�
My Commission Expires
Page 4 of 4
2 6 0
Professional Land Surveyors
Paul N. Scherhel
Wyo. Registration No, 164
Utah Registration No. 1670
Idaho Registration No. 3990
Nevada Registration No. 6805
Scott A. Sdiorbel
Wyo. Registration No. 3889
Idaho Regiot,o en No. 8026
Utah Registration No. 372111
MARLOWE A. SCHERSEL
Wyo. Registration No. 5368
Surveyor Sdierbel, LTD.
Ahon, Wyoming
Big Piney. Wyoming
Jackson, Wyoming
Lava Hot Springs, Idaho
Montpelier, Idaho
DESCRIPTION FOR
DAVID BRUCE HENDRICK AND SUSAN K. HENDRICK
HENDRICK ACCESS AND UTILITY EASEMENT
To-wit:
That part of Lot 16 of Chaparro Trailer Court and Chaparro Lane as depicted on Plat No.
289 of record in the Office of the Clerk of Lincoln County within the SW'/4SW'/4 of
Section 29, T33N, R118W, Lincoln County, Wyoming, described as follows:
BEGINNING at the northwest corner of said SW%4SW'/4;
thence S00 28' -52 "E, 369.92 feet, along the west line of said SW /4SW to a position on
the easterly right -of -way line of U.S. Highway 89;
thence S41 48' -34 "E, 118.14 feet, along said right -of -way line, to a position on the south
line of Chaparro Lane;
thence N77 50' -07 "E, 46.02 feet, along said south line, to a position;
thence N41°-48'-34"W, 103.08 feet to a point on the south line of said Lot 16;
thence N17 19' -20 "W, 75.99 feet, to a point;
thence N00 28' -53 "W, 299.05 feet to a point on the north line of said Lot 16, being
identical with the south line of that tract of record in said office in Book 431 of
Photostatic Records on page 374;
thence S89 43' -54 "W, 33.00 feet, to the CORNER OF BEGINNING;
each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS 5368 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, "BUFFALO MOUNTAIN, A SUBDIVISION WITHIN THE NE'/4SE'/4
SECTION 3 T33N R118W L COUNTY, WYOMING dated 31 October 2002,
25 April 2003
EXIiIBIT NO. A
261.
"Modification in any way of the foregoing description terminates liability of the.surveyor