HomeMy WebLinkAbout897391 RECEIVED
.flOOI~.~ l:,Ri~/~31~_~.Co ,~c~ ~/ LINCOLN COUNTY CLERK
~C~AT~~ ~SEMENT 0~ FEB 20 Pf~ 3:35
A. CLUE L~CASTER and SLAYS LANCASTER, husband ~E ~ ~f~ (~
241, Aflon, Lincoln County, Wyoming 83110, as tenants by the entirety wnn an un~vmea one-
half interest, and T~VIS LANCASTER and MACHELLE L~CASTER, husband and wife, of
P.O. Box 153, Aflon, 'Lincoln County, Wyoming 83110, as tenants by the entirety with an
undivided on-half interest, together as tenants in co~on (hereafter G~NTORS), for and in
consideration ofTen Dollars ($10.00) and other valuable consideration, in hand paid, receipt of
which is ac~owledged, gant and convey to STEVEN B. ~CH and DO~E~ R. ~CH,
husband and wife, and their children, MATHEW ~CH, DOUGLAS ~CH and CHELS~ ~CH,
of P.O. B ox 588, 380 East 4th Avenue, Afton, Lincoh~ County, Wyoming 83110, (hereafter
G~TEES), the following-described in-goss recreational easement for the foll owing
pu¢oses:
~. Purpose and Description of Easement. The purpose of this easement is to provide the
Grantees access for recreational purposes including, without limitation, hunting, trapping,
fishing, camping, hiking, cross-country skiing, snowshoeing, horse-back riding, snowmobile
riding, motorcycle riding and other all-terrain-vehicl e riding, to, on and through the property of
the Grantors, particularly described as follows:
Township 32N, Range 119W, 6th P.M., Lincoln County, State of Wyoming, Section 29,
SW1/4; and S1/2 NWl/4; and NWl/4 NWl/4; and South 42rods of the NE1/4, NWl/4,
Section 30, El/2 El/2; and a tract 20 square rods in the Southeast comer of SW1/4
NE1/4; and East 20 rods of NWl/4 SE1/4; and East 20 rods of SW1/4 SE1/4; and South
10 rods of West 60 rods of SW1/4 SE1/4.
2. Persons Benefitted by Easement. The recreational access rights granted to the Grantees by
this agreement are in-gross and may be transferred only to their heirs and devisees. Unless
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written permission is granted otherwise by the Grantors, the Grantees shall be allowed to bring
no more than three guests per day onto the property of the Grantors.
3. Easement Limitations. The above-described grant of easement shall be limited in nature
as follows:
A. Commercial use by the Grantees shall be prohibited.
B. No hunting or discharge of firearms for any other reason by the Grantees shall
be pernfitted within 1/4 mile of any residence.
C. Where reasonably practical, the Grantees shall limit their travel to existing
roadways, paths and trails when traveling on or through the above-described
property of the Grantors.
4. Easement not to Interfere with Grantors' Rights. The Grantees shall use the rights
~ranted by this instrument with due regard to the rights of the Grantors, their heirs, assigns and
successors in interest, and shall not use the easement in any way that will impair the rights of the
Grantors, their heirs, assigns and successors in interest.
5. 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 is
appropriate, provided it does not unreasonably interfere With the rights of the Grantees.
6. 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 Grantors.
7. 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.
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8. 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.
9. 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
10. Modification of Agreement. Any modification of this agreement or additional obligation
assumed by either party in connection xvith this agreement shall be binding only if evidenced in
'writing by each party or an authorized representative of each party.
11. No Waiver. The failure of.either party to this agreement to insist upon the performance of
~tny of the terms and conditions of this agreement, or the waiver of any breach of any of the terms
of this agreement, shall 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.
12. 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 easement.
13. Indemnify and Hold Harmless. Each of the parties agrees to indemnify and to hold the
other harmless from and against any and all liability for personal injury or property damage when
such injury or damage shall result from, arise out of, or be attributable to Grantees' use of this
easement, unless such injury or damage results primarily from the gross negligence or willful
misconduct of the other party.
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14. 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.
151 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.
N
WITNESS WHEREOF, we have hereunto set our hands as of the 13-'~'day of
February, 2004.
GLADYS L,~f~ICASTER
LAN~CASTER
MA~tCHEL~,~ L~C.~STI~R
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STATE OF WYOMINO
COUNTY OF LINCOLN
The foregoing RECREATIONAL EASEMENT was acknowledged before me by A.
CLYDE LANCASTER and GLADYS LANCASTER, husband and wife, this I;~'~ day of
February, 2004.
Witness my hand and official seal.
My Conmfission expires: \ k \
NOTARY PUBLIC
5, o lo
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The foregoing RECREATIONAL EASEMENT was acknowledged before me by
TRAVIS LANCASTER and MACHELLE LANCASTER, husband and wife, this / ~ay of
February, 2004.
Witness my hand and official seal.
My Commission expires: \\' \%' C)~
NOTARY PUBLIC
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