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HomeMy WebLinkAbout897318 RECEIVED LINCOLN 00UNTy 897318, EASEMENT FOR INGRESS AND EGRESS AND ALL UTILITIES JEANN (WITH REL~SE OF EASEMENT) Terence L. ~oore, a single person, of Etna, Lincoln County, Wyoming, 9rantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grants and conveys to Erma Jean Call, a single person, of___~_.t~O(~de~,~LJ_T--84408, LaDean Clark Bailey, a single person, of 364 Stateline Road, Freedom, WY 83120 and Wanetta Clark, a single person, of PO Box 5104, Etna, WY 83118, 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 30-foot wide right-of-way easement for ingress and egress and all utilities from Lincoln County Road No. 12-110 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 underground utilities. 2. Conditions of this Easement. The conditions of this easement are: a. It is a common easement for the mutual benefit of Grantor and Grantees. b. The easement may not be fenced by any of the Grantees Without the prior written consent of the Grantor. c. Improvements made to or on the easement shall be at the sole expense of the party desiring that such improvements be made unless otherwise agreed in writing. d. Maintenance of the easement of any road constructed on the easement shall be the shared expense of the Grantees who are parties in residence, or upon parties having built residences on the lands described below and requiring regular access over this easement. Grantor shall have no responsibility for maintaining the easement. EASEMENT FOR INGRESS AND EGRESS AND ALL UTILITIES (WITH RELEASE OF EASEMENT) Terence L. Moore, a single person, of Etna, Lincoln County, Wyoming, grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grants and conveys to Erma Jean Call, a single person, of 4919 South 600 West, Ogden, UT 84408, LaDean Clark Bailey, a single person, of 364 Stateline Road, Freedom, WY 83120 and Wanetta Clark, a single person, of PO Box 5104, Etna, WY 83118, 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 30-foot wide right-of-way easement for ingress and egress and all utilities from Linc~oln County Road No. 12-110 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 underground utilities. 2. Conditions of this Easement. The conditions of this easement are: a. It is a common easement for the mutual benefit of Grantor and Grantees. b. The easement may not be fenced by any of the Grantees without the prior written consent of the Grantor. c. Improvements made to or on the easement shall be at the sole expense of the party desiring that such improvements be made unless otherwise agreed in writing. d. Maintenance of the easement of any road constructed on the easement shall be the shared expense of the Grantees who are parties in residence, or upon parties having built residences on the lands described below and requiring regular access over this easement. Grantor shall have no responsibility for maintaining the easement. e. As to grantees and their respective lands, this Easement replaces in full that certain Easement dated June 4, 1978, and recorded in the office of the Lincoln County Clerk on June 26, 1978, in Book 147 PR, page 82,. recording number 510117. Grantees hereby release that easement and stipulate that it is terminated and relinquished upon execution of this Easement. f. Grantees hereby relinquish any and all interest they may have under the following: (1) that certain Easement dated June 4, 1978, and .recorded in the office of the Lincoln Clerk on June 26, 1978, in Book 147 PR, page 79, recording number 510114; and (2) the easements reserved in that certain Warranty Deed dated March 4, 1982, and recorded in the office of the Lincoln Clerk on April 1, 1982, in Book 186 PR, page 232, recording number 575249; (3) the easements reserved in that certain Warranty Deed dated March 4, 1982, and recorded in the office of the Lincoln Clerk on April 1, 1982, in Book 186 PR, page 234, recording number 575250; (4) the easements reserved in that certain Warranty Deed dated March 4, 1982, and ,,-~/'/.4' recorded in the office of the Lincoln Clerk on April 1, 1982, in Book 186 PR, page 236, recording number 575251; and (5) any other easements known or - unknown providing access to the lands described in Paragraph 3 below. g. At the time that any grantee improves the easement for use, that grantee shall install a gate across the easement at the approach from Lincoln County Road 12-110 to the easement. The gate shall have a Pock and shall be kept locked except when a grantee is in residence. All parties including grantor and all grantees shall be provided with keys to the lock on the gate by the grantee installing the gate. 3 Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: Wanetta Clark Real Property W1/2NW1/4NE114 of Section 25, T36N, Wyoming. R119W, 6th P.M., Lincoln County, Erma Jean Call Real Property W1/2SW114SE1/4 of Section 24, T36N, R119W, 6th P.M., Lincoln County, Wyoming, and 2 E1/2NW1/4NE1/4 of Section 25, T36N, R119W, 6th P.M., Lincoln County, Wyoming, and Parcel #1' The North 10 acres of the SEI/4NWl/4 of Section 25 in Township 36 north, Range 119 west of the Sixth Principal Meridian, to wit: Beginning at the Northeast Corner of said SE1/4NW1/4 and running thence South 20 Rods; thence West 80 Rods; thence North 20 Rods; thence East 80 rods to the place of beginning. LaDean Clark Bailey Real Property Eli2SW1/4SE1/4 of Section 24, T36N, R119W, 6th P.M., Lincoln County, Wyoming. 4. Description of Easement. The easement is 30 feet wide, 15 feet on either side of the following described centerline: A portion of the Moore property, as referred to in the Deed recorded in Book 495PR, on Page 625, with the Office of the Clerk of Lincoln County, Wyoming, within the N1/2NW1/4 of Section 25, T36N, R119W, of the 6th P.M., Lincoln County, Wyoming, the Center Line, being more particularly described as follows: BEGINNING at a Cotton Gin Spike marking a Point in the West line of said N1/2NW1/4, said Point of Beginning, being 15.00 feet N0°52'01"E, along said West line, from the B.LM. type MonUment marking the Marlowe A Scherbel PLS 5368, 1987 location for the Southwest Comer of said N1/2NW1/4; Thence S88°48'49"E, parallel with the South line of said N1/2NW1/4, 1,312.49 feet to a Spike marking a Point in the North - South Center line of said N1/2NW1/4; Thence N79°57'13"E 170.54 feet to a Spike marking the beginning of a 2,550 feet Radius Curve to the Right; Thence Southeasterly, along said Curve to the Right having a central angle of 23°51'39", an arc length of 1,061.95 feet, and a chord of S88°06'58"E 1,054.29 to a Spike; Thence S76°11'08"E 93.26 feet to a Spike marking a Point in the West line of the NW1/4NE1/4, said Point being 15.00 feet N0042'28"E, along said West line from the B.L.M. type monument marking the Marlowe A Scherbel RLS 5368, 1987 location for the Southwest Corner of said NW1/4NE1/4. 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 ~ day of - ~"~ 2004. ' er~n~e 'L. Uo~re Wanetta Clark Erma Jean Call LaDean Clark Bailey 4 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 ~ day of '1¢'~ , 2004. Terence L. Moore Wanetta Clark Erm ~e-an E~all LaDean Clark Bailey 4 STATE OF WYOMING COUNTY OF. LINCOLN SS. The foregoing Easement for Ingress and Egress and All Utilities (With Release of ~:~.~.~ement) was ~cknowledged before me by Terence L. Moore, a single person, this · d~ o~~,~._ - ~ ~ ~l , ~oo4. Witness my hand and official seal. NOTARY PUBLIC My commission expires: ~,,_~'-/'~-~ ~ STATE OF WYOMING COUNTY OF LINCOLN SS. The foregoing Easement for Ingress and Egress and All Utilities (With Release of Easement) was acknowledged before me by Wanetta Clark, a single person, this qq-¼ day of ~F~ r u~o~'~ .2004. Witness my hand and official seal. My commission expires: '- NOTARY (p__~ BLiC j 5 STATE OF UTAH SS. COUNTY OF WEBER The foregoing Easement for Ingress and Egress and All Utilities was acknowledged before me by Erma Jean Call, a single person, this day of 2004. , Witness my hand and official seal. My commission expires: NOTARY PUBLIC STATE OF VVYOMING COUNTY OF LINCOLN SS. before ~-c~ r ~LOA~ 2004 Witness my hand and official seal. My commission expires: The foregoing Easement for Ingress and Egress and All Utilities was acknowledged me by LaDean Clark Bailey. a single person, this dr+'v'~ 'day of NOTARY STATE OF UTAH COUNTY OF WEBER SS, The foregoing Easement for Ingress and Egress and All Utilities (With Release of Easement) was acknowledged before me by Erma Jean Call, a single person, this of . oo4. © [ NOTARY PUBLIC BROOKE KIMBALL Witness my hand and official seal. 1344 We~t 487~ South Ogden, Ulah ~440~ My .Comm~lon Expiml Janua~/12, 2001 STATE OF UTAH FI~IBLIC -- NOTARY My commission expires: STATE OF VVYOMING COUNTY OF LINCOLN SS. The foregoing Easement was for Ingress and Egress and All Utilities (With Release of Easement) was acknowledged before me by LaDean Clark Bailey, a single person, this day of ,2004. Witness my hand and official seal. My commission expires: NOTARY PUBLIC 6 ;-.:,%¢.:.',: '