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Home My WebLink About900858 r, ...... EIVED liN('.,: ~! ~ 2?, If', TY 0LEP, K EASEMENT AGRE IzMENT Agreement ma 5qe'qc~i)q~tas of ,June PV~55;, 2003 b~,"a~ between BRADLEY G. MILLER, MELVIN L. MILLER CHAD O. MILLER ~A~'i,E.... MIIZEE'~ and CHRISTINA MILLER, tenants in commo.q, of , LincoLn County, Wyoming, GRANTORS, and RUSSELL T. ASHMENT and KAREN C. ASHMENT, husband and wife of 2807 N. 1025 E., [lot'th Ogden, Utah ,34414 Lincoln County, Wyoming', GRANTEES. The parties recite and declare' RECITALS ,: ook. 5 6 J. ....... ,,, o,i 0 A. The parties have'an interest in adjoining real estate in Linco n County, State of Wyoming, and describea, respectively, as follows: (1) BRADLEY G. MILLER, MELVIN L. MILLER, CHAD O. MILLER, TAMMIE MILt_ER and CHRISTINA MILLER, tenants in common: (BURDENEO PROPERTY) That propeEy as described in the deed recorded in Book 461, Page 509 of the Official Records of the Lincoln County Clerk in an~ for the County of Lincoln, State of Wyoming, hereby bein~l incorporated by reference as if fully set forth herein. (2) RUSSELL T. ASHMENT and KAREN C ASHMENT: (BENEFITTED PROPERTY) That proper~y as described in the deed recorded in Book 403, Page z. 8 of the Official Records of the Lincoln County Clerk in and lor the County of'Lincoln, State of Wyoming, hereby being incorporated by reference as if fully set forth herein. B. The herein identified padies desire to create an easement for ingress, and undergroundI utilities between the above-described adjoining property, for egress Bowers Law Ojfice, P.C., P.O. Box 1550 Aflon, Wyoming 83110 307-885-0640 . Page I of 5 the benefit of the property described in paragraph A(2). DECLARATION OF EASEMENT The parties agree as follows: The undersigned parties, their heirs, successors, and assigns, hereby grant and convey a perpetual easement for ingress, egress, and underground utilities in favor of the herein property described in paragraph A(2), hereby burdening the property described in paragraph A(1), the perpetual easement being more particularly described as follows: That easement described in Exhibit A, attached hereto and made part of by reference and inco"poration; CONSIDERATION The mutual promises and agreement of the parties, shall serve as sufficient consideration and payment under this agreement. EASEMENT NOT TO BE OBSTRUCTED The parties,.their heirs, successors, or assigns, shall not use the easement or obstruct the herein described easement in any way that will impair the rights of the other parties, their heirs and assigns in the use of this easement. USE OF EASEMENT All parties shall have unlimited use of the herein described easement for any use that they feel is appropriate, providing however, that such use shall not interfere with any other party's use of the easement. Bowers Law Office, P.C., P.O. Box 1550 ,'trion, }gyoming 83110 307-885-0640 Page 2 of 5 EASEMENT TO RUN WITH LAND This grant of easement shall run with the land and shall be binding on and shall inure to the benefit of the parties to this agreement, their respective heirs, successors, or assigns. INDEMNITY Each of the parties agrees to indemnify and 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 any use, maintenance or repair undertaken by either party. 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. 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. 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. 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 signed by each party or an autilorized representative of each party. Bowers Law Office, P.C. P.O. Box 1550 Afion, V~yoming 83110 307-885-0640 Page 3 of 5 DDS*WY4 0 008 8 NO WAIVER The failure of either pa(ty to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breech of any of the terms and conditions 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 affect, as if no such forbearance or waiver had occurred. WAIVER OF HOMESTEAD RIGHTS The undersigned parties, being 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. 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 whereoj; each party to this agreemem has cau.s ed it to be executed on the (late indicated belo~v the provisionx of this agreement. DATED this day of June, 2003. .B iOi D~R CHRISTINA MILLER MELVIN L. MILLER TAMMIE MILLER Bowers Law Office, ?.C.,. P.O. Box 1550 Afion, Wyoming 83110 307~885-0640 Page 4 of 5 NO WAIVER The failure of either pady to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breech of any of the terms and conditions 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 affect as if no such forbearance or. waiver had occurred. WAIVER OF HOMESTEAD RIGHTS The undersigned parties, being 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. 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 agreemenL In witness whereof, each party to this agreement has caused it to be executed on the date indicated below the provisions Of this agreement. DATED this. .. day of dune, 2003. B.RADLEY G. MILLER kIEL VIN L. MILLER CHAD O. MILLER CHRISTINA MILLER TAMMIE MILLER owers Law Office, P.C., O. Box 1550 Cron, Wyoming 83110 ~7-885-0640 Page 4 of .5 0~900858 .---- , 245 STATE OF WYOMING COUNTY OF.LINCOLN ) )ss. ) MELVIN L WITNE,~S my hand an,'l official seal. 27te foregoing insh'ument wax acknowledged &fore me bY~~R' MIL L ER, ~¥I:4~. ~. ~R, ~4 ~t-L~j~t:EL-I~I ~ ~7~ ~ 1 d, ~'~5..t~-~N~A -v~t~fL~ER_ t e ~ ~ a ~ ~ ts i n NOTARY PUBLIC' re,ers Law Office, P. O. Box 1550 ?on, Wyoming 83110 7-885-0~40 .) ) 0:500858 State of Wyoming ) ) County of Teton )ss. The foregoing instrument was acknowledged before me by Christina Miller & Tammie Miller thisJ~t day of Jul3,, 2003. Witness ~/ · . ~- my hand and official seal. · Nota0 Public -Q '~ Oi L '5 BRETI PRIEST NOTARY PUBLIC, STATE ol UTAH 1501 SOUTH 40 EAST PflOVO, UTAH 84606 COMM. EXP. 7-10-2006 Prolessional Land Surveyors Paul N Schecbel W¥o. Regislralion No !64 Ulah Ragisl(alion No. 1670 Idaho Regislrafioc~ Ho 3990 Nevada Regislmlion No. 6805 Scoff A, Scherbel Wyo. Regisl~alion No. 3889 Idaho Regislralion No. 8026 Ulah Regish'alJon No. 372tll MARLOWE A. SCHERBEL Wyo. Regislmlion No. 5368 Surveyo~ Sche~bel, LTD. Alton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hol Spri~(Js, Idaho MonlpalieL IOaho DESCRIPTION FOR RUSSELL T. ASHMENT AND KAREN C. ASIIMENT Exhibit "A" ACCESS APPURTENANT TO THE SE~¼SE~¼ SECTION 33, T36N R119W To-wit: - - Aslm~ent Access Road A strip of land thirty (30) feet in width within GLO Lot 4 and the SW¼SE¼ of Section 33, T36N R119W Lincoln County, Wyoming, will] thc south line described as follows: BEGINNING at th:e southwest comer of said Section 33; thence N89°-58'-25"E, 350.16 feet, along the south line of said GLO Lot 4, to the southeast pipe of that tract of record in the Office of the Clerk of Lincoln Connty in Book 420 ofPhotostatid lq~ecords on page 408; thence continuing,:N89°.58'-26"E, 272.80 feet, along said South line, to the southwest corner of said SW ¼!SE¼; thence S89 -59 -37 E, 583.56 feet, along the south line of said SW¼SE¼, to a point; the northerly right-cf-way line of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of tbirty (30) feet to meet the west line of GLO Lot 4 of said Section 33 and the westerly line of the below described twenty (20) foot access easement; AND a strip of land twenty (20) feet in width with the westerly and northerly line described as follows: BEGINNING at the tenmnus of the above easement, S89°-59'-37"E, 583.56 feet from the southwest comer of said SW¼SE¼; thence N30°-21 '-3 I"E, 173.99 feet, to a point; thence N42°-42 ' ~C"'l~ -~-, ~, feet, to a point; 94.42 thence N65°-30'-1 l"E, 106.06 feet, to a point; thence S87°-06'-26"E, 117.61 feet, to a point; thence S57°-23'-06"E, 108.38 feet, to a point; thence S72 -06 -06 L, 73.32 feet, to the northwest brass cap of the Miller Parldng Area N'o. I of record in said Office of the Clerk of ILincoln County, Wyoming in Book 487 of Photostatic Records on Page 237; thence coursing along the north line of said Miller Parking Area No. 2, as follows: S77°-51'-27"E, 92.83 feet to a brass cap; N52 -48 -2_ E, 145.43 feet to a brass cap and leave said Miller Parking Area No. 1; thence continuing, i452°-48'-22"E, 34.92 feet to a point on the east line of said SW%SE¼; the easterly and southerly right-of-way lines of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of twenty (20)' feet to meet the west line of the SE¼SE¼ of said Section 33 and the east end of the above described thirty (30) foot access easement; TIR 36-119-33/Russt:ll Ashment "Modificatior, in any way of the ~';19 description terminates liability of Il : ..... 7or" DESCRIPTION I;'OR RUSSELL T, ASHMENT AND KAREN C. ASIIMENT ACCESS APPURTENANT TO TIlE SE¼SE¼ SECTION 33, T36N RI 19W PAGE TWO the BASE BEARING for this survey is the west line of the S1/2 of Section 33, T36N RI 19W, being N00°.'-27'-06"W; each "corner", foun4 es described i'n the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County or Office oftbe Recorder of Bonneville County, Idaho; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" almninum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368" or "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS 3889" , with appropriate details; each "brass cap" marked by a 2" galvanized steel pipe with brass cap inscribed, "SCOTT A. SCHERBEL PL~ 3889 BIG PINEY WYOMING", with appropriate details; each "pipe" markeri by a black iron pipe with yellow plastic cap inscribed, "PE/LS 698"; all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY DESCRIPTION OF ACCESS EASEMENT FOR RUSSELL T. ASHMENT AND KAREN C. ASItMENT WITF[IN.,,~LO.,, LOT 4 SW'/qSEV4 SECTION 33 T36N R119W II LINGOLh, -;COUNTY, w'Yg, MnT'G A ed 4 August 2003, as revised. Pmlessional Land Su¢vayot$ Paul N. Sche~bel Wyo. Ragislfalion Nc,. 164 Um~ Regislralion Nc,. '1670 Idaho Regish,~fion No. 31190 Nevada Regisl~'a~ion No, 8805 Scoll A. Scherbet Wyo. Ragislralion No. 3889 Idaho Reclisltalion No. 8026 Utah Ragislrafion No. 372111 MARLOWE A, SCHERBEL Wyo, Ragi~lralion No. 5368 Sun/eyor Sche~bal, LTD. AIIo~, Wyornir~g Big Piney. Wyoming Jackson, Wyoming Lava Hol Sprier§s, }daho Monlpelior. Idaho TlR 36- I 19-33/Russell Ashment "Modification in any way of the foregoing description terminates liability of the surveyor" NO, 4~1~ 168.90' [] .347.41' Z J Base Beorin9 .... NOO'27'O6"W 864.71'-- 178.49' I I I I 468,01' ~_ 468.07 NOO'27'O6"W 208,21~/_ 208.19' ' ~.~ '-~ o . o0 .oo'2~'15"~ lS2¢ 65' rll 11 It II 468.00' 500'53'5'1 '"N ~ 32'15.28' Sec u~r¢co~ded plot ~..epo~ed by ~.u~ey~¢ ~ E;c-h~'~o~l. Ltd. ti{lad. STA'IE O~ WYO+JING GAME . ~41.05' FISH C~ISSI~ PLAT 0~ SURLY OF S~C~ONS 3. 4, 9. IO. T35N Riigw SECTION 21 27 28 33 ~4 T36N 403 RIIgW UNC~ COUNt. WY~ING ~C~S ~. I~,'1~, 22. ~ ~E ~ING/~O STA~ LI~'. mode ~ 1~91 a~ red~ ' 254. O~ r4 .o 150.54' m EXHmfr TO ACCOMPANY DESCRIFFION OF ACCESS F_.ASEMRNT FOR RUSSELl. T. ASHlVfR. NT AND KARRN C. ASHMF_.NT GLO LOT 4 SW1/4SE1/4 S~ON' 33 T36N RII9W I.nVCOLN COUNTY, WYOM1NG Copyright I~) 2004 by Surveyor Schcrbd LTD. Ail rl§hts reserved,