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Home My WebLink About899194AGREEMENT VACATING EXISTING R~':i4-~IC£W.,~Y ~4[SEMENT 899 ! 9[~ AND 0l,~'(11 g[.lll:09 ,.I E A ~ t'.l E W,t~, 6 N E R ESTABLISHING NEW RIGHT-OF-WAY A~" - '~:'" ......... ,,.,c ~IEITYE~SEMENT THIS AGREEMENT made this q.~-~ day of ~2004, by and between Lynn Talarico, as single woman, and Mary Louise Carlson, a single woman, as joint tenants with rights of survivorship, of 1528 34th Street, Missoula, Montana 59801 (hereafter, "Talarico/Carlson"); Kathleen K. Charles, a single woman, of P.O. Box 2025, Jackson, Wyoming 83001 (hereafter, "Charles"); and Robert Terry Van Ness and Jean McMaster Van Ness, husband and wife, as tenants by the entireties, of P.O. Box 405, Lake Forest, California 92609 (hereafter, "Van Ness"). WHEREAS, Talarico/Carlson are the owners of property in Etna Wyoming, said property more particularly described in the Warranty Deed that was recorded in the Lincoln County, Wyoming land records in Book 526 PR at Page381 as Instrument No. 891434 on July 8, 2003 (hereafter, the "Talarico/Carlson Property").; and WHEREAS, Charles is the owner of property in Etna, Wyoming, said property more particularly described in the Corrective Warranty Deed that was recorded in the Lincoln County, Wyoming land records in Book 526 PR at Page 380 as Instrument No. 891433 on July 8, 2003 (hereafter, the "Charles Property"); and AGREEMENT VACATING EXISTING RIGHT-OF-WAY EASEMENT AND ESTABLISHING NEW RIGHT-OF-WAY AND UTILITY EASEMENT TALARICO/CARLSON / CHARLES/VAN NESS PAGE I OF 8 '.' 854 WHEREAS, Van Ness are the owners of property in Etna, Wyoming, said property being more particularly described in the Warranty Deed that was recorded in the Lincoln County, Wyoming land records in Book 507 PR at Page 94 as Instrument No. 886205 on December 12, 2002 (hereafter, the "Van Ness Property"); and WHEREAS, the Talarico/Carlson Property, the Charles Property, and the Van Ness Property are all subject to and/or benefit fi'om an easement for ingress, egress, and utilities, said easement being more particularly described in the deeds as "a 60-foot Right-of-Way Easement for Ingress, Egress, and Utilities, along the South line" of the respective properties, and also, an "Easement for ingress and egress" as described in Warranty Deed recorded July 30, 2001, Book 469 P.R., Page 545 and the South 60 of those parcels described in Book 374 P.R., Page 250, Book 374 P.R., Page 248, Book 352 P.R., Page 88, and Book 352 P.R., Page 86 (together hereafter, the "Old. Easement"); and WHEREAS, in order to better utilize their properties, Talarico/Carlson, Charles, and Van Ness have agreed to vacate the ingress and egress right-of-way provided in the Old Easement, and to establish in its stead, a new Right-of-Way Easement for Ingress, Egress, and Utilities t0 their respective properties. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is acknowledged, and other valuable consideration, including the promises made herein, Talari.co/Carlson, Charles, and Van Ness, for themselves, and their heirs, successors, and assigns, hereby mutually agree as follows: AGREEMENT VACATING EXISTING RIGHT-OF-WAY EASEMENT AND ESTABLISHING NEW RIGHT-OF-WAY AND UTILITY EASEMENT TALARICO/CARLSON / CHARLES / VAN NESS PAGE 2 OF 8 855 1. OLD EASEMENT PARTIALLY VACATED. The 60-foot wide ingress and egress right-of-way provided in the Old Easement is hereby vacated, is null and void, and of no further effect. 2. NEW EASEMENT ESTABLISHED. A new nonexclusive Right-of-Way and Utility Easement is hereby established for ingress, egress and underground utilities for the benefit of the Talarico/Carlson Property, the Charles Property, and the Van Ness Property across that portion of the Charles Property identified in Exhibit A, hereafter referred to as the "Easement Area". The Easement Area shall remain available for, and the parties hereby reserve the right to, ingress and egress, and underground utilities to and fi'om U.S. Highway 89 to their respective properties. The Van Ness Property and the Charles Property shall have the right to unrestricted access to the Easement Area for the entire length that the Easement Area abuts those properties. 3. 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 fi'ee ingress and egress to and fi'om the parties' properties as provided for herein. 4. IMPROVEMENTS AND MAINTENANCE. Any improvements made within the Easement Area shall be at the sole expense of the person or persons making the improvements unless otherwise agreed to in writing. AGREEMENT VACATING EXISTING RIGHT-OF-WAY EASEMENT AND ESTABLISHING NEW RIGHT-OF-WAY AND UTILITY EASEMENT TALAR1CO/CARLSON / CHARLES / VAN NESS PAGE X F8 ...... 856 5. EASEMENT TO RUN WITH THE LANDS. The 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 Agreement, and their respective heirs, successors, and assigns. 6. ENTIRE AGREEMENT. This Agreement constitutes 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 except to the extent incorporated in this Agreement. 7. WAIVER OF HOMESTEAD RIGHTS. The' parties hereby waive and release all rights to that portion of the Old Easement vacated herein and the Easement Area established herein 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 those easements. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed 'and effective on the date first written above. [Separate signature pages follow.] AGREEMENT VACATING EXISTING RIGHT-OF-WAY EASEMENT AND ESTABLISHING NEW RIGHT-OF-WAY AND UTILITY EASEMENT TALARICO/CARLSON / CItARLES / VAN NESS PAGE 4 OF 8 857 L~i~ TALARICO STATE OF MONTANA ) ) SS. COUNTY OF MISSOULA ) ACKNOWLEDGED before me by Lynn Talarico this c~7'~- day of April, 2004. WITNESS my hand and official seal. My Commission expires: Q]/c~/]~)t9 ~7 LINDA F. RILEY NOTARY PUBLIC for the State of Montana Residing at Missoula, Montana My Commission Expires September 28, 2007. AGREEMENT VACATING EXISTING RIGHT-OF-WAY EASEMENT AND ESTABLISHING NEW RIGHT-OF-WAY AND UTILITY EASEMENT TALARICO/CARLSON / CHARLES / VAN NESS PAGE 5 OF 8 : II~:,.',;,; 858 MA/RY~) UIS E CARLSON STATE OF PENNSYLVANIA ) ) SS. COUNTY OF CENTRE ) ACKNOWLEDGED before me by Mary Louise Carlson this ~ day of April, 2004. WITNESS my hand and official seal. My Commission expires: NOTARY PUBLIC -; : '- ~'' · ~ .. · .... :~. ~tat, College:'O~g~ty~ My Commission Expires. AGREEMENT VACATING EXISTING RIGHT-OF-WAY EASEMENT AND ESTABLISHING NEW RIGHT-OF-WAY AND UTILITY EASEMENT TALARICO/CARLSON / CHARLES / VAN NESS PAGE 6 OF 8 859 STATE OF WYOMING ) ) SS. COUNTY OF TETON ) ACKNOWLEDGED before me by Kathleen K. Charles this ,,~ q/ _ day of April, 2004. WITNESS my hand and official seal. ounty ot ~ State ol { Teton ~ Wyoming ~ NOTARY PUBLIC My Commission expires: (.9;7- .5/-rP(f. AGREEMENT VACATING EXISTING RIGHT-OF-WAY EASEMENT AND ESTABLISHING NEW RIGHT-OF-WAY AND UTILITY EASEMENT TALARICO/CARLSON / CHARLES / VAN NESS PAGE 7 OF 8 0S. 91:94 860 ERT TERRY~AN NESS STATE OF CALIleORNIA ) ) SS. COUNTY OF ORANGE ) ACKNOWLEDGED before me by Robert Terry Van Ness this day of ~-~'~, 2004. WITNESS my hand and official seal. My Commission expires: 7 NO'~ARY PIg-B-LIC STATE OF CALIFORNL4, ) ) SS. COUNTY OF ORANGE ) ACKNOWLEDGED before me by :_ --..- - -.- - : - and Jean McMaster Van Ness this 4 %ay of~, 2004. WITNESS my hand and official seal. My Commission expires: t / AGREEMENT VACATING EXISTING RIGHT-OF-WAY EASEMENT AND ESTABLISHING NEW RIGHT-OF-WAY AND UTILITY EASEMENT TALARICO/CARLSON / CHARLES / VAN NESS PAGE 8 OF 8 861 EXHIBIT A DESCRIPTION: RIGHT-OF-WAY AND UTILITY EASEMENT A portion of the property referred to in the Deed recorded in Book 352PR, on Page 88, in the land records of Lincoln County, Wyoming, being within the S1/2SE1/4 of Section 34, T36N, R119W, of the 6th. P.M., Lincoln County, Wyoming, being 30 feet on either side of the following described Center Line: BEGINNING at a Point in the East line of said S1/2SE1/4, said Point of Beginning, being 530.05 feet Nl°39'10"E, along said East line, B.L.M. type Monument marking the Lloyd B. Baker PE/LS 698 1979, location for the Southeast Corner of said S 1/2SE1/4; Thence N89°07'12"W, parallel with the South line of said S1/2SE1/4, 1,632.76 feet to the Carlson and Talarico property, as referred to in the Deed recorded in Book 526PR, on Page 381, in the land records of Lincoln County, Wyoming.