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HomeMy WebLinkAbout890875'BOOK, PR PAGE 262 890875 EASEMENT AGREEMENT RECEIVED LINCOLN COUNTY CLERK 03 JI11 1 PH 2: 114 JEAN L.. G N E R Agreement made, effective as of May 15 2003, by and between DAVID BRUCE HENDRICK and SUSAN K. HENDRICK, husband and wife, of P.O. Box 1388, Afton, Lincoln County, Wyoming, GRANTORS, and JOE FORD, of 1505 North, 1200 East, Lehi, Utah 84043, GRANTEE. 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: (BURDENED PROPERTY) Bowers Law Office, P.C., P.O. Box 1550 Afton, Wyoming 83110 307 885 -0640 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) JOE FORD, a single person: (BENEFITTED PROPERTY) That property as described in the deed recorded in Book 431, Page 374 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 herein property described in paragraph A(2). Page 1 of 4 .,27(71/ 08908'75 DECLARATION OF EASEMENT ?63 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: That easement described in Exhibit A, 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. 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 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 08!-30875 264 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. 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 Bowers Law Office, P.C., P.O. Box 1550 Afton, Wyoming 83110 307 885 -0640 Page 3 of 4 089 75 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-C day of May, 2003. DAVID BRUCE HENDRICK STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by DAVID BRUCE HENDRICK and SUSANK HENDRICK, husband and wife, this 15th day of May, 2003. WITNESS my hand and official seal. My commission ex Bowers Law Office, P.C., P.O. Box 1550 Afton, Wyoming 83110 307 885 -0640 SS. Jamie decors o NOTARY PUBLIC Pounly R; State of LInooka Wyoming on Expires et OW Page 4 of 4 SUSAN K. HENDRICK fa NOTARY PUBLIC ::65 O3 5 Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No.6805 Scot A. Scherbel Wyo. Registration No. 3889 Idaho Regisraton No, 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Schertel, LTD. Afton. Wyoming B19 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: EXRIBIT NO. A 2 66 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'/OSW'/ of Section 29, T33N, R118W, Lincoln County, Wyoming, described as follows: BEGINNING at the northwest corner of said SW'/SW'/4; thence S00 28' -52 "E, 369.92 feet, along the west line of said SW' /1SW 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%SE% SECTION 3 t T33N R118W L COUNTY, WYOMING dated 31 October 2002, as "Modification ay of the foregoing description terminates liabil ]rveyor"