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03 JIM 17 PH 2 16
t N E W AG N c
Agreement made, effective as of May 21 2003, by and between KYL!E
ERICKSON and WENDY D. ERICKSON REVOCABLE TRUST, dated the 21s day of
December, 1994, 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:
Bowers Law Office, P.C.,
P.O. Box 1550
Afton, Wyoming 83110
307 -885 -0640
EASEMENT
x.. ..t'.'.... X11,...
(1) KYLE L. ERICKSON and WENDY D. ERICKSON REVOCABLE
TRUST, dated the 21' day of December, 1994:
(BURDENED 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.
(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
RECEIVED
LINCOLN COUNTY CLERK
0890876
DECLARATION OF EASEMENT
268
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 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
68908'6
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.
69
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
0890876
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 Rf St day of May, 2003.
KYLE L. ERICKSON and WENDY D. ERICKSON REVOCABLE TRUST, dated the 21s
day of December, 1994.
BY: BY:
KY E L. ERICKSON WENDY D. ERICKSON
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
SUBSCRIBED AND SWORN to me this 21 day of May, 2003, by KYLE L. ERICKSON
and WENDY D. ERICKSON, who appeared before me and were personally known to me, who being duly
sworn and upon oath represented that they were the TRUSTEES of the KYLE L. ERICKSON and WENDY
D. ERICKSON REVOCABLE TRUST, dated 21 day of December 1994, and that the instrument was
signed on behalf of the Trust by the authority of the trustees, and that they executed the instrument on
behalf of the KYLE L. ERICKSON and WENDY D. ERICKSON REVOCABLE TRUST, dated the 21 day
of December, 1994, to be the free act and deed of the Trust.
My Commission Expires:
Bowers Law Office, P.C.,
P.O. Box 1550
Afton, Wyoming 83110
307 885 -0640
WITNESS my hand and official seal.
PUBLIC
My Commission Expires
Page 4of 4
270
Professional Land Surveyors
Paul N. Scherbel
Wyo. Registration No.164
Utah Registration No. 1670
Idaho Registration No. 3990
Nevada Registration No.6805
Scott A. Schetbel
Wyo. Registration No. 3889
Idaho Registration No. 6026
Ulah Registration No. 372111
MARLOWE A. SCHERREL
Wyo. Registration No. 5366
Surveyor S herbel, LTD.
Afton, Wyoming
Big Piney, Wyoming
Jackson, Wyoming
Lava Rol Springs, Idaho
Montpelier. Idaho
0037E
DESCRIPTION FOR
KYLE L. ERICKSON AND WENDY D. ERICKSON REVOCABLE TRUST,
DATED 21 DECEMBER 1994
KYLE ERICKSON ACCESS AND UTILITY EASEMENT
To -wit:
A strip of land being the east seven (7) feet of the south 299.00 feet of the NE'V4SE% of
Section 30, T33N R118W, Lincoln County, Wyoming, identical with the east seven (7)
feet of the south 299.00 feet of that Parcel #6 of record in the Office of the Clerk of
Lincoln County in Book 365 of Photostatic Records on page 796 within said NE1/4SE1/4;
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln
County titled, `BUFFALO MO AIN, A SUBDIVISION WITHIN THE NE■SE1/4
SECT 0 T3 N R118 LN CO.. l TY, WYOMING dated 31 October 2002.
EXHIBIT NO A
"Modification in any way of the foregoing description terminates liability of the surveyor"
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