Loading...
HomeMy WebLinkAbout891272 RECEIVED LINCOLN COUNTY 0LERK BOOK ,.~-~t;~PRPAGE 70 2 Alan R. Jensen aka Alan B. Jensen aka Alan Jensen and Shelly W. Jensen, husband and wife (sometimes referred to as "Jensen"), of Smoot, Lincoln County, Wyoming, Marvin K. Cox and Susan E. Cox, husband and wife (sometimes referred to as "Cox"), of Smoot, Lincoln County, Wyoming, Gary M. Hess and Debra R. Hess, Trustees of the Gary and Debra Hess Family Trust dated March 6, 2000 (sometimes referred as "Hess"), of Smoot, Lincoln County, Wyoming, and Kirk C. Mitchell and Annabeth Mitchell, Trustees of the Mitchell Family Trust dated May 6, 1991 (sometimes referred to as "Mitchell"), of Smoot, Lincoln County, Wyoming, grantors, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grant and convey to Marvin K. Cox and Susan E. Cox, husband and wife, of Smoot, Lincoln County, Wyoming (mailing address: PO Box 977, Afton, WY 83110), Gary M. Hess and Debra R. Hess, Trustees of the Gary and Debra Hess Family Trust dated March 6, 2000, of Smoot, Lincoln County, Wyoming (mailing address: PO Box 124, Smoot, WY 83126), and Kirk C. Mitchell and Annabeth Mitchell, Trustees of the Mitchell Family Trust dated May 6, 1991, of Smoot, Lincoln County, Wyoming (mailing address: pO Box 77, Smoot, WY 83126), grantees, the following described perpetual right-of-way easement for the following purposes: 1. Purpose of Easement. This easement is for the purpose of Providing a perpetual, nonexclusive 60-foot wide right-of-way easement for ingress and egress and all utilities from the Smoot F°rest County Road No. 152 to the property described in paragraph 3, including the right to construct and maintain a roadway to provide that ingress and egress and for all utilities. 2. Conditions of this Easement. The conditions of this easement are: Grantees. It is a common easement for the mutual benefit of Grantors and b. The easement may not be fenced by any of the Grantees without the prior written consent of the Grantors. c. As to the grantees and their respective lands that are involved in this Easement, this Easement replaces the following easements or rights- of-way in full: (1) the easement conveyed to Gary M. Hess and Debra Hess in that certain Quitclaim Deed dated July 19, 1984, and recorded in the office of the Lincoln County Clerk on July 25, 1984, in Book 216 PR, page 228; (2) the easement conveyed to Marvin K. Cox, a single man, in that certain Warranty Deed dated December 26, 1997, and recorded in the office of the Lincoln County Clerk on December 31, 1997, in Book 406 PR, page 2; (3) the 60-foot road and utilities easement set forth in that Correction Warranty Deed between Kirk C. MitChell and Annabeth Mitchell, husband and wife, as grantors, and Alan C. Stauffer and Jill D. Stauffer, husband and wife, as grantees, said easement to be shared by the grantors and grantees, dated August 2, 1984, and recorded in the office of the Lincoln County Clerk on September 21, 1984, in Book 218 PR, page 709; and (4) any and all other easements or rights-of-way described as in the above-mentioned instruments granted to or reserved by the Grantees herein; to the extent that those easements listed in items (1) through (4) above are located on Grantors', Alan R. Jensen's and Shelly W. Jensen's, lands. As to said GrantOrs' lands only, Grantees hereby release those easements and stipulate that those easements are terminated upon execution of this Easement. d. All Grantees, except Mitchell so long as Mitchell uses this right- of-way easement for agricultural purposes only, are mutually responsible for any and all costs of construction and maintenance of the existing road located on the easement that benefits their respective property. Therefore, Cox and Hess each agrees to pay one-half (1/2) of such maintenance at least annually or at such other time as they mutually agree. If Mitchell ever uses the easement for any purpose other than agricultural access, then such maintenance would be shared 1/3 each among Cox, Hess and Mitchell. If any Grantee fails to pay his share, then the other Grantee(s) may bring legal action pursuant to this Easement to compel such payment. In any such legal action, the prevailing party may recover his reasonable attorney fees and costs in addition to any other relief granted. 3 Property Benefited by Easement. This easement is for the benefit of the following described real propertY of the grantees in Lincoln County, Wyoming: 2 7O4 Gary and Debra Hess Family Trust A portion of the SE1/4SW1/4 of Section 32, T31N, R118W, 6th P.M., Lincoln County, Wyoming, being more particularly described as follows: Beginning at a point on the East boundary line of said SE1/4SW1/4, said point being S 0°01'57" W, 97.54 feet from a Brass Cap monument marking the Northeast Corner of said SE1/4SW1/4; thence S 0°01'57" W, along said East line, 567.81 feet, more or less, to a point which lies N 0°01'57" E, 660.00 feet from the South Quarter Corner of said Section 32; thence West 466.53 feet; thence S 0°01'57" W, 330.00 feet; thence West 15.32 feet; thence N 33°54'21" W, approximately along the line of a fence, 733.10 feet; thence N 72°00'48" E, 937.10 feet to the point of beginning, containing 9.014 acres of land, more or less. Marvin K. and Susan E. Cox Those lands described on Exhibit A attached and by this reference made a part hereof. Kirk C. and Annabeth Mitchell All lands owned as of the date of this Easement in the SE1/4SW1/4 Section 32, T31N, R118W, 6th P.M., Lincoln County, Wyoming. of 4. Description of Easement. The easement is described as follows: A portion of the E1/2SW1/4 of Section 32, T31N, R118W, 6th P.M., Lincoln County, Wyoming, being thirty (30) feet on each side of the following described centerline: beginning on the South boundary line of said Section 32 at a point 475 feet West from the South quarter corner of Section 32, said Point of beginning being West 145 feet from the iron pipe survey marker monumenting the southwest 'corner of the Smoot cemetery tract; and running thence North 330 feet, more or less, to the North property line of Grantors', Alan R. Jensen's and Shelly W. Jensen's property; thence N0°01'57"E along the Cox West property line 150 feet; provided, however, that as to Mitchell only, the easement extends only 30 feet north of the Jensen's north boundary line. 5. Binding EffeCt. The terms and conditions of this easement shall be binding upon and inure to the benefit of the heirs, successors in interest and assigns of the parties named in this instrument. 6. Waiver of Homestead Rights. The 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 to the extent that such rights may interfere with the purposes of this easement. IN WITNESS WHEREOF, we have hereunto set our hands as of the 10th day of June, 2003 Alan R. JensOn Shelly V~. Jensel4 Marvin K. Cox Susan E. Cox Debra R. Hess, Trustee 4 Kirk C. Mitchell, Trustee Annabeth Mitchell, Trustee STATE OF WYOMING COUNTY OF LINCOLN SS. The foregoing Easement was acknowledged before me by Alan R. Jensen aka Alan B. Jen~c,.U aka Alan Jensen and Shelly W. Jensen, husband and wife, this .2q'~ day of .k~,. ~,¥e.; ,2003. ' ' - Witness my hand and official seal. ~ County of ~ State of ~ LinCOln ~ Wyoming My commission expires: STATE OF WYOMING COUNTY OF LINCOLN SS. NO~'A-RY' P 0'~Li (~ The foregoing Easement was acknowledged Susan E. Cox, husband and wife, this i'-~ day of ber.f,,~e me by K. Cox and  'z,~.-~ Marvin, 2003. Witness my hand and official seal. County of ~ State of ~ Lincoln ~ Wyoming '~ lon Explre~ 2/26/2004 My commission expires: 5 STATE OF WYOMING COUNTY OF LINCOLN SS. 707 The foregoing Easement was acknowledged before me by Gary M. Hess and Debra R. Hess, Trustees o(f-~the Gary and Debra Hess Family Trust dated March 6, 2000, this 1t6 day of ~'A/d ,2003. Witness my hand and official seal. ~un~ M ~ ~ate of ~ Un. In ~ Wyoming ~ My commission expires: ~~. /- 2~ L,~1¢ p-Lj ~1]1 C'~ STATE OF WYOMING COUNTY OF LINCOLN SS. The foregoing Easement was acknowledged before me by Kirk C. Mitchell and Annabeth ~ell, Trustees of, the Mitchell Family Trust dated May 6, 1991, this /,~ day of ?/,_,.zz .~ 2003. Witness my hand and official seal. My commission expires: 6 7O8 EXIIII'IIT A Legal D, escrIl~/Ion for Kelly J. Whiling and Cminlo L. Whllinl~ A pOrlion of Iht :311~SW~4 of $~cllon 32, T31N RII'SW of Ilm 6ih P.M., Lincoln County, Wyoml.g, more' particularly dCscrii~:d as,follows: Ilo-ghmlng on tim .~oulh beamdary line of mid See. llon 5:l ~t i point ~30.~ SoulII O~tlad~r eor r or.Id ~llon 3~, ~ld pol~ ~lng dm l~a[lon afro iron marker monu~tllng I~ Sm~ihw~t co~r of 11~ ~moot ~mc~ m~d nmnlng lhe~ W~, along ~llon 1[~. 985.07 feel to; ~o~ iron plp= II~a N 0'08'2~' W, 330.~1 feel; llmna~ Iiasl ~49.64 f~ll Ii~= N 0'01'$7* 1], 330.~ f~l; I1~ ~ 0'01'57~ W, ~hmg II~ told ~sI ~u~a~ Ii~ ~0.~ f~aI Ia ~n iron p[~ survey markor nmnmnaniing Iha ~o~he:sl co~r of~l~ gm~ cemela~ II~c~ West. 330.~ I~l Io ~n I~a pl~ ~ay ~ricr mo~m~nilng II~ ~oflhw~sl corner IIm ~mool cem=Ie~ I~l; · ~ plat Ihereo/prepaid for KI~ Mllc~li by ~ker EngI~m dal~ Iuly, l.~S AND EXCE~ Ilm followh~g d~i~d h~t l~ginnlng al a ~]~ in Ii~ ~outh Ii~ of 8~lon 32, ~lH Ri 18W, of Ilm 6ih P.M., ~oln Counly, Wyoming, told ~ln~ b=ing W~! 330 f~l from Ih~ ~olh Qua~er corner of ~Id ~cclIon 32; d~ence N 0'09'27' W, 330.~1 f~ell Ilm~= F~s1, pa~llel wld~ ~ld ~Ih II~, 986,17 Ihcnca S 0'01'~7" .~, 3~0 f~l Io Iho ~InI of beginnln~.