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HomeMy WebLinkAbout890879BOOK 4 PR PAGE 282 890879 EASEMENT AGREEMENT Agreement made, effective as of May 15 RECITALS 2003, by and between JODY N. RECEIVED LINCOLN COUNTY CLERK 03,11P117 PH 2: 20 3$ JENSEN and NORA J. JENSEN, husband and wife, of P.O. Box 461, 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. 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) 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). Bowers Law Office, P.C., P.O. Box 1550 Afton, Wyoming 83110 307 -885 -0640 Page 1 of 4 (3 F, i RG OS90879 DECLARATION OF EASEMENT 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. 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 property described in paragraph A(1), the perpetual easement being more particularly described as follows: 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. Bowers Law Office, P.C., P.O. Box 1550 Afton, Wyoming 83110 307 885 -0640 EASEMENT TO RUN WITH LAND This grant of easement shall run with the land and shall be binding on and shall Page 2 of 4 08908'7 inure to the benefit of the parties to this agreement, their respective heirs, successors, or assigns. 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 The failure of either party to this agreement to insist upon the performance of any of the Page 3 of 4 NO WAIVER 2 8 4 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. 0850879 2 8 5 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 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 (5iA day of May, 2003. STATE OF WYOMING COUNTY OF LINCOLN SS. The foregoing instrument was acknowledged before me by JODY N. JENSEN and NORA 1 JENSEN, husband and wife, this 15th day of May, 2003. WITNESS my hand and official seal. Jamie DeCora NOTARY PUBLIC Lincoln of i7 i, '3 State of My commission expires: Wyoming Bowers Law Office, P.C., P.O. Box 1550 Afton, Wyoming 83110 307 -885 -0640 Page 4 of 4 8) a__ 9tutz.e_A NORA J. JEN N TARYPUBLIC Professional Land Surveyors Paul N. Scharbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No, 3990 Nevada Registration No. 6605 Scott A. Scherbet Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registatlon No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No.5368 Surveyor Scherhel. LTD. Alton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Rol Springs, Idaho Montpelier, Idaho 890879 DESCRIPTION FOR JODY N. JENSEN AND NORA J. JENSEN JODY N. JENSEN ACCESS AND UTILITY EASEMENT To -wit: ay 2003 EX'IBIT NO P< l A strip of land being the east seven (7) feet of that part of the SE %4SE'/4 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 SEVISE1/4; 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 NEY4SE1/4 SEC IO 30 T33N R118 4 COLN COUNTY, WYOMING dated 31 October 2002. 'Codification in any way of the foregoing descriptiates liability of the surveyor"