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Home My WebLink About895918LINCOLN (t:~_sU",!TY CLERK THIS EASEMENT AGREEMENT by and between GILBERT H. OSWALD and JACQUELINE M. OSWALDi husband and wife, tenants by the entireties, Grantors, of P.O. Box 1183, Thayne, Wyoming 83127, and LEISURE VALLEY, INC., a Nevada Corporation registered and doing business in the State of Wyoming, Grantee, of P.O. Box 299, Thayne, Wyoming 83127. WHEREAS, the parties have 'interests in adjoining real estate located near Thayne, County of Lincoln, State of Wyoming, described, respectively, as follows: Property owned by Grantors: See attached EXHIBIT A; and Property owned by Grantee: See attached EXHIBIT B; and WHEREAS, the parties' desire to create a nonexclusive right of way easement for .ingress, egress, and the installation, operation maintenance, repair, and replacement of underground utilities for the non-exclusive benefit of the property owned by Grantee across a portion of the property owned by Grantors. NOW, THEREFOREi the Parties, assigns, agree as follows: for themselves,. and their heirs, successors, and A. EASEMENT. A nonexclusive right of way easement for ingress, egress, and the installation, operation, maintenance, repair, and replacement of underground utilities from Hardman Road to, and in favor of, the herein described property owned by Grantee, described in EXHIBIT B, is hereby created over that portion of the property owned by Grantors that is described in attached EXHIBIT C, hereafter referred to as the "Easement Area". The Easement Area shall remain available for, and Grantors hereby reserve the right to, ingress, egress, and underground utilities across the Easement Area to the herein described property owned by Grantors as described in EXHIBIT A. B. CONSIDERATION. Grantors hereby acknowledge receipt of TEN DOLLARS ($10.00) and other valuable consideration, in hand paid, for the right of way easement granted herein. EASEMENT AGREEMENT OSWALD / LEISURE VALLEY, INC. PAGE 1 OF 3 821 C. EASEMENT NOT TO BE OBSTRUCTED. Except for temporary obstructions 'required for the purposes of maintaining and improving the Easement Area~ and installing and maintaining underground utilities therein, the Easement Area shall not be obstructed in any manner that would impede free ingress and egress. D. IMPROVEMENTS AND MAINTENANCE. Any improvements made within the Easement Area shall be at the sole expense of the person making the ·improvements unless 'otherwise agreed to in writing. E. EASEMENT TO RUN WITH THE LAND. The right of way easement created herein shall run with the lands identified herein, and shall be binding on and shall inure to the benefit of the parties to this Easement Agreement, and their respective heirs, successors or assigns. Ir. ENTIRE AGREEMENT. This Easement Agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Easement Agreement shall not be binding except to the extent incorporated in this Easement Agreement. IN WITNESS WHEREOF, each party to this Easement Agreement has caused it to be executed on this 2(~'~ day of November, 2003. ~./'OSWALD- C--~~ ./~A ~¢"I~UELINE M. C~S~/ALD - LEISURE VALLEY, INC., a Nevada Corporation registered and doing business in the State of Wyoming BY: /&UTHORIZED ~Jl~F]-CER - · ATTEST: EASEMENT AGREEMENT OSWALD / LEISURE VALLEY, INC. PAGE 2 OF 3 STATE OF NEVADA COUNTY OF CLARK ) ) ss. 0&...93',9.1.,S 822. ACKNOWLEDGED'~"i'!': 'before me this Z~ ~ day of November, 2003, by GILBERT H. OSWALD and JACQUELINE M. OSWALD. WITNESS my hand and official seal. Notary Public, Si~{~..~.[ ~evada ~ Appointment N07~i~0362-1 ~, My Commission expires: STATE OF WYOMING ) ) SS. COUNTY OF L~NCOLN ) On this c:~t]¢1''' day of November, 2003, before me personally appeared //~rdd 'F34~t~¢¢f , to me personally known, who, being by me duly sworn did say ttiat he is the "~r~'~St'r],.mat of Leisure Valley, Inc., a Nevada Corporation registered and doing business in the State of Wyoming; that he signed the foregoing instrument on behalf of said Corporation by authority of its Board of Directors; and that he acknowledged said instmmem to be the free act and deed of said Corporation. Witness my hand and official seal. NOTARY PUBLIC My Commission expires: EASEMENT AGREEMENT OSWALD LEISURE VALLEY, 1NC. PAGE 3 OF 3 823 0 ]. O'~ZI"::''','' · 1,-3. ,:'00:3 $; CI~FT'I LI HCOLIi C.O CLERI.{ ..... WARRA ! q D ,ED JOH~T HOLLEY, a single man Grantor of Thane, County of Lin~oln~ hereby CO~EY .and W~ TO: EXHIBIT A I'10.61D~ F'. 1 LINCOLN COUNTY CLERK 02 N;lu . · N,:~ F'I '- " :: c hi.,t "" GILBERT H. OSWAL4D and JACQUELINE M. OBw~LL~, husband and wife, .as .tenants by the.entireties! Grantees of 4029 Mountain View Blvd.,, Las Vegas, N1; 89102 for the sum of Ten Dollars and other good and valuable considerak4on___ the following descrzbed tract o~ landl in Lincoln County, Sb~e 05 Wvomzng, hereby releasing and waiving all righ~s~u~der and by virtue bf ~e homestead exemption laws of the StateN to..wit: Lot 188 in Star Valley Ranch plat. 18 ~s pi.atted and recorded in ~he official records of Lincoln Coullty, W~omi]ig. Subject to reservations- and restriccipns Tontaised in the U.~itedi States..: Patent and to easements and rights-of~-way/of record or in u~;e. Together with all improvemenCm and ap~urc, nance~ thereon. WITNESS, the hand of said grantors, this !~ day of Ngve~b~r, A.D. 20'02 I I STATE OF :Ss 'County of Lincoln corm Hoiley, Kno~ or identified to ~e-do~be th~ Person who~e na~e is subscribed to the within instrument, ~nd .c~ow.~edged to me ,that$ he .executed the same. ~o~a' ' P~tic · col~i~slon expires TI E DESCRIPTION FOR LEISURE VALLEY INC., A NEVADA CORPORATION STAR VALLEY RANCH PARCEL 19 EXHIBIT B 824 To-~vit: - - Prolessional Land Su~eyors Path N. Sche~bel W¥o Regi$1~alion No, 164 Ulah Regisllalion No, 1670 Idaho Regislralion No. 3990 Nevada R~Dislralion No, 6805 SColl A. Sche~-bel Wyo. Regislrafion No. 3889 Idaho Regislration No. 8026 Ulah Regiskalion No. 372111 ivlARLOWE A. SCHERBEL W),o. Regislralion Ho. 5368 Stm,'eyo~ Schelbel, LTD. Mien, Wyoming Big Piney. Wyoming Jackson, Wyomin§ I.ava Hol Springs. Idaho Monlpeliek Idaho That part of GLO Lot 2 and of GLO Lot 3 of Section 5, T34N, R118W, Lincoln County, ,Wyoming, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 138 of Photostatic Records on page 378 and in Book 399 of Photostatic Records on page 445, described as follows: BEGINNING at the northwest corner of said GLO Lot 2; thence S89°-55'-14"E, 1257.00 feet, along the north line of said GLO Lot 2, to a position on the thread of Cedar Creek; thence coursing said thread as follows: S33°-57'-04"W, 108.41 feet, to a position; S55°-35'-50"W, 116.44 feet, to a position; S87°-10'-04"W, 35 54 feet, roa position; S77° -00'-12"W, 44.27 feet, to a position; S56°-41 '-49"W, 109.94 feet, to a position; S52°-34'-41"W, 71.26 feet, to a position; S76°-10'-21"W, 25.24 feet, to a position, and leave said thread; thence S42°-59'-46"W, 1241.88 feet, along an existing fence line, in part, to a point on the east line of Star Valley Ranch Plat 1'8 of record in said Office as Plat No. 236; thence N00°-05'-22"W, 1187.19 feet, along said east line and the east line of Star Valley Ranch Plat 17 of record in said Office as Plat No. 235, to the CORNER OF BEGINNING; ENCOMPASSING an area of 15.79 acres, more or less; the BASE BEARING for this survey is the east line of Star Valley Ranch Plat 17 and the east line of Star Valley Ranch Plat 18, being N00°-05'-22"W; TOGETHER with a perpetual easement identical with those easements of record in said Office in Book 416 of Photostatic,Records on page 261 and on page 279 and inBook 473 of Photostatic Records on page 647; e~cli "comer" foUnd as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" alulninum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY 'PLS 5368", with appropriate details; each "position". is a calculated position, no molmment found or set; "Modification in any way of lhe fo": ::'::..~,::, description terminates liability of lbo r" DESCRIPTION FOR LEISURE VALLEY INC., A NEVADA CORPORATION STAR VALLEY RANCH PARCEL 19 PAGE TWO 825 all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, !'LEISURE VALLEY, 1NC. SHIRLEY HEBDON REVOCABLE TRUST, DATED 26 IUNE 1997 PLAT OF BOUNDARY ADJUSTMENT WITHIN THE W½NE¼ E½NW¼ dat'~//~'/~_~Ju~1999 SECTIpl~/~ T34N Rll8W LINCOLN Prolessional Land Paul Fl Wyo. Re9islfalion Ho. 164 LJiah Rugishalion No. Idaho Regisl/alion Ho. 39~ Hey]da R~gi~lrali~ No. Scoll A Scha~bsI W;,o. Regislralion No. 3889 Idaho Regisl~ation No. 8026 Ulah RegislCalion No. 372tll MARLOWE A. SCHERBEL Wyo. Registralion No, 5368 Su~eyo~ Sche~bei,.LTD. Allan, Wyoming Big Piaey, Wyoming Jacks~, Wyoming Lava Hal Springs, Idah~ MOntlmlie[, Idaho "Modification any way of the f~ description terminates liability of ~ R~iilfilion NO, 8026 · g P~ey, ~ming ~n~ao~. I~ho DESCRIPTION FOR LEISURE VALLEY, INC. PARCEL 19 ACCESS - REVISED To-wit: - - EXHIBIT thence northwesterly 77.44 feet, along the arc of said curve through a central angle of 20°- 33'-22" with a radius of 215.85 feet, to a point; thence N78°z52'-57"E, 69.16 feet to the POINT OF BEGINNING; the BASE BEARING for this survey is the east line of Lot 188 of said Star Valley Ranch Plat 18, being N00°-08'-04"W; each "point" marked by a 5/8" X 24" steel rein'forcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY ACCESS EASEMENT ACROSS LOT 188 STAR VALLEY RANCH PLAT 18 TO LANDS OWNED BY LEISURE VALLEY, INC. WITHIN GLO LOT 2 AND THE SW%NE'A SECTION 5 T34N R118W ~'OUNTY, WYOMING", dated 8 June 2000 and . l'5/J{in'e2000 - Revised )4 June 2000 "Modification in any way of the Ior.egoing description terminates liability el the surveyor" thence S89°-51'-56"W, 48.94 feet to a point on the easterly right-of-way line of the Hardman Road, a non-tangent circular curve to the left which has its radius point bearing S850-54'-0Y'W, as shown on the Star Valley Ranch Plat 18 of record in the Office of the Clerk of Lincoln County as Plat No. 236; thence S00°-08'-04"E,.87.83 feet, along the east line of said Lot 188, to a point; That part of Star Valley Ranch Plat 18 Lot 188, described as follows: BEGINNING at a point on the east line of said Lot 188, S00°-08'-04"E, 103.06 feet from the northern most point of said Lot 188; Sfar Valley Ranch Plaf 17 1 S.32 4 S.5 ~::~. EXHIBIT C -84- - 188- 351 PR 107 Joh~ Forty (40) foot: right-of-way easement from John Holly (sic) to Shirley Hebdon, Porto Irrigation District, and West Cedar Creek (unrecorded access easement doled 05 August 1997) .Point 'of Beginning Star Volley Ranch .. Plaf 18 ~ ...;..." RP'~' ':-": '". ,' ............ ...' ~' _.?,.,,%,,.,* ... 138 PR 378 ].eis'ure Valle?~, l~w. O 48.94' 1/ CN- -188- 361 PR 107 389 PR 445 138 PR 378 I38 PR 3'78 f65' rec.). __ o c~ C~z~ue Data Triangular-shaped right-of-way 9om Leisure Valley, Inc. ia Shirley Hebdon, Porto Irrigation District. and West Cedar Pipeline (unrecorded access easement doted 29 August 1997) LOT2 Q~PR 445 SKirley He~don Revocable T~ust, dated 26 J~z~e 1997 C11 77.44' 20'55'22" 215.85' 39.14' 77.03' NI 4'22'38"W 0 ' 50 ' ~00 ' /LTO ' SCA L ~.. : f" = LTO ' HXItII~lT TO ACCOMPANY ACCK~ KASEMI~}T ACRO53 LOT 188 ~TAR VAI.,t2~ RANCH PLAT 18 TO .--'.".~. ""' "~' ~ ~18W ~ ~ ~ne 2~ ~X 4~ ~O PINEY-M~E~. ~0.--~L. ~7-2~-3347 ~,f~ ,9 A.n~ 2~0 . BOX 725 ~r~,. ~O.--,EL 307-~5-9319 //~ /~l?m 17 IR 37-]~]9-~ 47-4~ 77 J,4~S~I. ~O.a-rg[. ~7-733-5903