HomeMy WebLinkAbout897390 897390
FASSMFNT
RECEIVED
LINCOLI1 COUNTY CLERK
0!~ FFB 2 0 I:'i';l 3:3 t~
JEANNE WAGNER
STEVEN B. RICH and DORLENE R. RICH, husband and wife, of P.O. Box 588,
380 East 4th Avenue, Afton, Lincoln County, Wyoming 83110, (hereafter 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 TRAVIS
LANCASTER and MACHELLE LANCASTER, husband and wife, of P. O. Box 153,
Afton, Lincoln County, Wyoming 83110, (hereafter GRANTEES), the following-
described perpetual right-of-way easement for the following purposes:
Description of Easement. The easement is described as follows:
A strip of land thirty (30) feet in width, within the S½SW¼ of
Section 28, T32N, R119W, Lincoln County, Wyoming, being
fifteen (15) feet on each side of a centerline more particularly
described on the attached "Description for Travis Clyde
Lancaster and Machelle H. Lancaster Access and Utility
Easement."
2. Property Benefitted by Easement. This easement is appurtenant to and for the
benefit of the following-described real property of the Grantees in Lincoln County,
Wyoming:
A 2- acre parcel of land located in the S½SW¼ of Section
29, T32N, R119W, 6'h P.M., Lincoln County, State of
Wyoming, as more particularly described on the attached
"Description for Travis Clyde Lancaster and Machelle H.
'Lancaster, Travis Lancaster Tract".
3. Purpose of Easement This easement is for the purpose of providing a
perpetual thirty (30) foot wide right-of-way easement for ingress and egress and all
utilities from the Crow Creek County Road No. 141 to the property described in
paragraph 2, including the right to maintain the existing roadway over the easement to
provide that ingress and egress and for all utilities.
Page l of 5
4. Easement Limitations.
in nature as follows:
610
The above-described grant of easement shall be limited
A. The easement shall be for purposes of 'ngress and egress by the Grantees to
their single-family residence on the 2-acre parcel described above in paragraph 2.
B. Commercial use by the Grantees of the above-described easement shall be
limited to the operation of a guide service for hunters during the elk and deer
hunting season(s) as declared by the State of Wyoming. Such commercial use
shall be limited to the passage of no more than five (5) hunters per day over the
easement.
C. In the event the Grantees' above-described 2-acre parcel, or any portion
thereof, is joined with any other parcel(s), the easement shall be deemed to
serve only the above-described 2-acre parcel, and will not be used for the benefit
of the additional acreage.
~5. Easement not to Interfere with Grantors' Rights. The Grantees shall use the
rights granted by this instrument with due regard to the rights of the Grantors, their
heirs, assigns and successors in interest, and shall not use the road in any way that will
impair the rights of the Grantors, their heirs, assigns and successors in interest, and
shall not obstruct the road.
6. Non-Exclusive Easement. This easement shall be a non-exclusive easement
concerning the Grantors, and the Grantors may grant other third parties easement
rights at any time they feel it's appropriate, provided it does not unreasonably interfere
with the rights of the Grantees.
7. Construction and Maintenance. The easement may be constructed and
maintained as necessary by either the Grantors or the Grantees, at the sole cost and
expense of the party conducting the construction or maintenance.
Page 2 of 5
8. Binding Effect. The terms and conditions of this easement shall be
binding upon and inure to the benefit of the heirs, assigns and successors in interest of
the parties named in this instrument.
9. 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.
10. 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.
11. 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.
12. 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 by each party or an authorized representative of each party.
13. No Waiver. The failure of either party tO this agreement to insist upon the
performance of any of the terms and conditions of this agreement, or the waiver of any
breach of any of the terms of this agreement, shal not be construed as thereafter
waiving any such terms and conditions, but the same shall continue and remain in full
force and effect as if no such forebearance or waiver had occurred.
Page 3 of 5
08973.5}0
'14. Attorney Fees for Preparation of Easement. The parties shall each be
responsible for fifty percent (50%) of the attorney fees for the preparation of this
agreement.
15. Hold Harmless. The Grantees shall hold harmless, indemnify and defend the
Grantors and their heirs, assigns and successors in interest from all liability, penalties,
costs, losses, damages, expenses, causes of action, claims, demands or judgments,
including, without limitation, reasonable attorneys' fees, arising from or in any way
connected with injury to or the death of any person, or physical damage to any property,
resulting from the act, omission, condition, or other matter related to or occurring on or
about the Grantors' property as a result of exercising their rights under this easement,
regardless of cause,' unless due solely to the gross negligence or willful misconduct of
the Grantors or their heirs, assigns and successors in interest.
16. 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.
'/7. 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, we have hereunto set our hands as of the
, 2004.
[%"k~ d ay of
~~t~ven B. Rich '
Dorlene R. Rich
Page 4 of 5
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing Easement was acknowledged ~efore me by STEVEN B. RICH
and DORLENE R. RICH, husband and w'fe, th's ~"~'~- day of ~-t,~,t~,~, 2004.
witness my hand and official seal.
NOTARY kUBI"IC
My Commission expires:
Page 5 of 5
DESCRIPTION FOR
'rRAVI$ CLYDE LANCASTER AND MACHELLE H, LANCASTER
ACCESS AND UTILITY EASEMENT
To-wit:..
A strip of I~nd thirly (30) feet, in width, within thc S¼SW'A Section 28, T32N, RI 19W,
Lincoln County° Wyoming, being fifteen (15) feel on each aid= of' tl~e t'ollowin§ described
COMMENCING at the ,~outheasterly point of a tract of record in the Office of the Clerk of
Lincoln Comity in Book 348 o~Photostatic Recor~ co page 133, on the ~outh lln~ of said
$~tion 28, S89'09'30'W. 1230.37 feel from the snulheasl comer of said S~SW~;
thonc~ N00'-27'-30"W, l J.00 fcel, 8long the eas[ line of said tract, Io th~ POSITION OF
BEOINNING:
tl~enee S89'.09'.30"W, 724.19 feet, along a line parallel with the ~oulh line of ~aid
gV~SW¼, t~ a po~ition on fl~e ~as~ line of said (rac~ ofr~cord~
thenoe continuing, S89'-0~.'-30"W, 377.9g reel, to, position;
Ill,ncc N71 °.33 '.Od"W, 74.52 ~eet, to a position;
thane, N39"-O4'44"W, 89.~6 feet, ~o a position:
thence N21%34'.36'~~. 196.77 f~et, to ~ position;
thenc~ N18°-04'-3y'w. 233,21 F~t, to s position;
thence N42*-37'42"W, 48.36 feet, ~o ~ position on tho west line of said $V, SW¼, N00"-29'-
00"W, 552.96 feet from the southwest comer of said Section 28;
The right.of-way liae~ of the above described easement to be shortened or lengthened aa
neeessttry to create a continuous alld contiguous easement with a minimum width of thirty
(30) feet; .- .-
the BASE BEA.RINO for ~hls survey i~ the south line of ~he SW'A of Section 28, T32N,
R119W, beini N89"-09'.30"E;
each "canter" found as described in the Comer Record filed or to be filed in the Ott'lee of
the Clerk of Lincoln County; .
each "position" referenced by two (2) 5/8" x 24" steel reinforcing rods with a 2" aluminum
e~a h~scfibed, "SURVEYOR SCHERBEL LTD AFTON WY PL$ $368", wlth appropriate
de~ails;
all In aeeordanoo.with the attached exhibit titled, "EXHIBIT 1'(') ACCOMPANY ACCESS
AND UTILITY EASEMENT FOR TRAVIS CLYDE LA'NCASTER AND MACHELLE
H, LA~CASTEK WITtilN THE.,.~/,~WT,~ SECTION
' "Moditic~,tlon in any way ol Ih* fore0oln0 description t.rminatea liability ol Iha ~iurveyor'
614
DES(2RIP'I'ION FOIl
TI:LA'VIS CLYDF, LANCASTER ~ND MACHEI.LE H. LANCASTER
TRAVI$ LANCASTER TI[ACT
To.wit: - -
That part of the SV:SW'A of Seolion 29, T32N, RI 19W, Linooln County, WyominB, b0inl~
part of' that tract et' record In the Offlee of the Clerk oF Lincoln County in .BOOk 286 or
Photostatic Record~ on page 232, described a~ follows:
BEGINNING ~t a point on tho south line of aaid S¼SW¼, N89"-49'-44"W, 1091.71 feet
lmm the muth~ast comer of said
thence N89°-49'-44"W, 258.16 rc,t. along ~aid south lin~, to a point;
thence N00°.02M 9"E, 211.66 reel, to a pohlt:
thence N74°.02'43"W, 245.13 feet, to a point;
thence NIB".37'-58"E. 109:98 fe,:l, to a point;
thence 8611°-31 '-38"E, 405.9~ [,et, to a point;
thence S52'.43'. I 0"E. 101,68. feet, to a point;
thon~ S00"-02'-19"W, 173.83 l'¢,t, to the POINT OF BEGINNING;
ENCOMPASSING an area of 2.00 acres more or less;
the BASE: BEAT<lNG for thls ,=un,.y is the eout}', line of the SW% of Section 28, T32N.
RI IgW, b~ing NBg°-09'.30"E;
TOGETHER with ~ right of inBress and egre,~s and utilitD, s ow:r, under ired across a strip of
land thirty {30) feet In width, with fl'~e southerly arid easterly lines, deseribod as follows:
BEGINNING at the ~outheast point of the above described tract;
thence 889°.49'-44"E, 1091,71 feet, along the south line of said S~ASW~A, to the
r, outitea~t comer thereor;
thence N00'-03'.59"E. 183,56 feet, along the c~sl line of stdd S¼SW¼. to a point on
tl~e no~h r[ght-of, way lin~ of thai casement of record in suid Office in Book 494 of
Photo~tati~ Records on page 21
each "corneF' found ~s desoribed in the Corner Rccord filed or to be filed in the Office et
the Clerk of Lincoln County;
es~,h "point" marked by a 5/$" x 2W' steel reinforcing md with a 2" aluminum cap inscribed,
SURVEYOR a_ttER.BEI. LTD AFTON WY PI....q 5368", with ~pproprlate d~lails;
all in ~coord~nce whh the plal prepared to be filed in th. Office o.f the Clerk o£ Lincoln
County titled, "A. CLYDE LANCASTER AND GLADYS LANCASTER AND TRAVI$
CLYDE LANCASTER PLAT OF 'r~Cl' WITHIi',I TIlE $¼SW¼ SECTION 29, T32N
RI 19.W"LINI2OLN COUNTY, WYO)~I'N~', dated 12 julll-2'002,