HomeMy WebLinkAbout890878RECEIVED
LINCOLN COUNTY CLERK
BOOK 4 PR PAGE 7 7 gg
A
EASEMENT 1 MENT G JIM 17 PH 2: 19
UEANINL WAGNER
Agreement made, effective as of May 15 2003, by and betwee'niJOOY
JENSEN and NORA J. JENSEN,'husband and wife, of P.O. Box 461, Afton, Lincoln
County, Wyoming, GRANTORS, and JOE FORD, of 1505 North, 1200 East, Lehi, Utah
84043, GRANTEE.
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) JODY N. JENSEN and NORA J. JENSEN, husband and wife:
(BURDENED PROPERTY)
That property as described in the deed recorded in Book
292, Page 364 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)
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).
Bowers Law Office, P.C.,
P.O. Box 1550
Afton, Wyoming 83110
307 885 -0640
RECITALS
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.
Page 1 of 4
0850878
Bowers Law Office, P.C.,
P.O. Box 1550
Afton, Wyoming 83110
307 -885 -0640
DECLARATION OF EASEMENT
That easement described in Exhibit A,
attached hereto and made part of by reference and
incorporation;
Page 2 of 4
278
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(2) hereby burdening the 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 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.
ossos78 279
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
08908 ?8
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 j day of May, 2003.
JENSEN
STATE OF WYOMING
COUNTY OF LINCOLN
SS.
The foregoing instrument was acknowledged before me by JODYN. JENSEN and
NORA 1 JENSEN, husband and wife, this 15th day of May, 2003.
WITNESS my hand and official seal.
My commission expires
Bowers Law Office, P.C.,
P.O. Box 1550
Afton, Wyoming 83110
307 885 -0640
L f)8'1a rQ.r�D�fl
NORA J. JENS N
Jamie DeCora NOTARY PUBLIC
County of NOTARY PUBLIC
Lincoln State of
;.�5 Wyoming
;sewn Expires 5 r )hc
Page 4 of 4
()BO
Professional Land Surveyors
Paul N. Stho bet
Wyo. Registration No. 164
Utah Registration No. 1670
Idaho Registration No. 3990
Nevada Registration No. 6605
Scott A. Scherbol
Wyo. Registration No. 3669
Idaho Registration No. 8029
Utah Registration No. 372111
MARLOWE A. SCHERBEL
Wyo. Registration No. 5388
Surveyor Scheibel, CM.
Afton. Wyoming
Big Piney, Wyoming
Jackson, Wyoming
Lava Hal Springs, Idaho
MonIpefier, Idaho
0
8
DESCRIPTION FOR
JODY N. JENSEN AND NORA J. JENSEN
JODY N. JENSEN ACCESS AND UTILITY EASEMENT
To -wit:
A strip of land being the east seven (7) feet of that part of the SE'ASE'h of Section 30,
T33N R118W, Lincoln County, Wyoming lying and being situate northerly of U.S.
.Highway 89, identical with the east seven (7) feet of that tract of record in the Office of the
Clerk of Lincoln County in Book 292 of Photostatic Records on page 364 within said
SE'V4SE'h;
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%<
SEC IO 30 T33N R118 COLN COUNTY, WYOMING dated 31 October 2002.
ay 2003
EXHIBIT NO A
"Modification in any way of the foregoing description terminates liability of the surveyor"
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