HomeMy WebLinkAbout895662 ~ECEIVED
LI~OOLN COUNTy CLERK
AG~EMENT CONCEDING EASEMENT dC, ~ c
WHE~AS, the panics to this Agreement are ROB~ ROTHE~EL and L~DA
ROTHE~EL, Grantors; and ROBERT MO~S and JILL Mo~S, Grantees; and
WHEREAS the parties own adjoining parcels of land located in the NE1/4 of'
Section 13, Township 35N, R119W, in the County of Lincoln, State of Wyoming; and
WHEREAS the Grantees had previously granted to the Grantors an easement
("hereinafter Rothermel Easement:); and
WHEREAS for consideration of the above easement, the Grantors do hereby
agree to provide an easement, ("hereinafter Morris Easement ")in the fhture, for the use of the
Grantors, their heirs, successors in interest and their assigns, .subject to the conditions and
provisions set forth below; and
WHEREAS the Parties desire to establish and agreement concerning Rothermel
and M0n'is Easements:
' WHEREFORE, the Parties agree as follows:
1. Future MOrris Easement. The Grantors do hereby agree to convey an easement in
the future, upon the request of the Grantees, for ingress, egress, and underground utilities across a
portion of their property located in theN 1/2S 1/2NE 1/4 of Section 13, Township 35 N, R 119W,
more particularly described in the Warranty Deed recorded at Book 530 PR Page 384.
2. Location of the Morris Easement. The easement will be located in the Southeast
corner of the property of the Grantors, which will be more particularly described and surveyed
after the Grantees request the easement but before actual construction on easement commences.
3. ' Purpose of the Morris and Rothermel Easements. The purpose of the easements
is to provide ingress, egress and underground utilities to the properties served by the easements.
4. Width of the Rothermel and Morris Easements. The width of the easement shall
be no more than forty (40) feet, with the actual road surface to be no more than eighteen (18) feet
in width.
be gravel.
Road Surface within the Rothermel and Morris Easements. The road surface will
6. Cost and Maintenance of the Rothermel and Morris Easements. The cost of
maintenance of 'the easement, including construCtion, repair, snow removal, installation and
Rothermel/Morris Agreement 1 of 2
repair of utilities, will be born by the owner of the land that the easement serves. To the extent
practicable, the party constructing the road and/or utility corridor in the easement agrees to
landscape, reseed and contour the disturbed land within the easement to its preconstruction
condition.
7. Surveying and Survey Cost of the Morris Easement. The exact location of the
center line of the Morris Easement will be determined by the Parties when the Morris easement
is requested. The survey and recording COSTS will be the responsibility of the Grantees, their
heirs, successors in interest or assigns.
8. Waiver of Homestead Rights. The Grantors agree to waive and release all rights
to the Morris 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 the Morris Easement at
the time the Morris easement is granted.
9. Duration of this~, Agreement. Unless otherwise agreed in writing, the Agreement is
binding upon the Parties, their heirs, assigns or successors in interest. The Parties agree that
should the Grantees sell the property to which the Morris Easement is to serve, there will be no
agreement for the Grantors to provide the easement to the new owners of the Morris property
· unless the location ofth'e Morris easement is established prior t° the sale of the Morris property.
DATED this
Grantor
day of October, 2003.
L1NDA ROTHERMEL
Grantor
ROBERT MORRIS
Grantee
Grantee
Acknowledgment Attached
Rothermel/Morris Agreement 2 of 2
AcknOwledgment of Rothermel/Morris Easement Agreement
'915
THE STATE OF WYOMING
COUNTY OF LINCOLN
)
) ss
)
The foregoing instrument was acknowledged before me by ROBIN ROTHERMEL and
LINDA ROTHERMEL, husband and wife, this 31s' day of October, 2003.
Witness my hand and official seal.
My Commission Expires:
NOTARY PUBLIC
THE STATE OF WYOMING )
)
COUNTY OF LINCOLN )
SS
The foregoing instrument was acknowledged before me by ROBERT MORRIS and JILL
MORRIS, husband and wife, this 3 1St day of October, 2003.
Witness my hand and official seal.
My Commission Expires:
Roth ermel~orri$ Aclot owledgment