Loading...
HomeMy WebLinkAbout890877RECEIVED LINCOLN COUNTY CLERK 890811 03 J1P1 17 PM t: 1 EASEMENT .AGREEMENT H!/ `l 11' r r~ p, 1 Agreement made, effective as of May 21 2003, by and betweenJ:O R E 'FO,- a single person, of 1505 North, 1200 East, Layton, Utah, GRANTOR, 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 BOOKS PR PAGE 72 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 (1) JOE FORD, a single person: (BURDENED 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. (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 DECLARATION OF EASEMENT That easement described in Exhibit A, attached hereto and made part of by reference and incorporation; '2 73 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 described property 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 O890877 :y74 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. 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 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. Page 3 of 4 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 day of May, 2003. Bowers Law Office, P.C., P.O. Box 1550 Afton, Wyoming 83110 307 885 -0640 WITNESS my hand and official seal. My commission expires: `-5 (6 Page 4 of 4 2 75 STATE OF WY MING v- SS. COUNTY OFE6 The foregoing instrument was acknowledged before me by JOE FORD, a single person, this 2 day of May, 2003. CAMDEN CHRISTENSEN NO T, g A r P uBL I C• STA TE o I UTAH 225 SOUTH MAIN PL.GROVE, UT 84062 COMM. EXP. 8 -15 -2005 Piolessional Land Surveyors Paal N. Scheibe' Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6795 Seth A. Scheibe! Wyo. Registration No. 3869 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERSEL Wya. Registration No. 5368 Surveyor Schorbel, LTD. Alton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho OS9O8 DESCRIPTION FOR JOE FORD JOE FORD ACCESS AND UTILITY EASEMENT To -wit: A strip of land being the west thirty -three (33) feet of the south 299.00 feet of the NW''4SW'/< of Section 29, T33N RI18W, Lincoln County, Wyoming, identical with the west thirty -three (33) feet of that tract of record in the Office of the Clerk of Lincoln County in Book 431 of Photostatic Records on page 374 within said NW% <SW' /4; 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 30 T 3N Rl 1$W 1 7 OL COUNTY, WYOMING', dated 31 October 2002. May 2003 Ord �L- �12 wr OMING EXHIBIT NO A odification in any way of the foregoing descriptilMates liability of the surveyor'