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HomeMy WebLinkAbout901945 RECEIVED _INCOLN OOUNTY CLERK EASEMENT AGREEMENT 5S4?rh?,&'. 0777 9019t 5 t-i BO(' 'Y~.__ V :" .~ ~i~d ~etween 'JOSEPH H. THIS EASEMENT AG~EMENT is entered into b} SENDER, of P.O. Box 3263, Alpine, Wyoming 83128 (hereafter "Sender"), and DEBORAH ANN PAULSEN, TRUSTEE (now ~own as Deborah Ann Paulsen Sender) of The Deborah ~ Paulsen Family Trust dated August 12, 1994 (herea~er, "Paulsen"), of P.O. Box 3263, Alpine, Wyoming 83128. WHEREAS, Sender is the owner of the property identified in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on August 9, 1988 in Book 264PR at Pages 283 through 286 as Instrument No. 691397; and WHEREAS, Paulsen is the owner of the property identified in the Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on September 19, 1994 in Book 357PR at Page 514 as Instrument No. 789953; and WHEREAS, said Properties are contiguous; and WHEREAS, Sender and Paulsen are in agreement that a non-exclusive access and utility easement serving both properties, one-half on the Sender property and one-half on the Paulsen property, would be mutually beneficial to both parties. NOW, THEREFORE, Sender and Paulsen, for themselves, and their heirs, successors, and assigns, hereby agree as follows: A. EASEMENT. A nonexclusive right of way easement for ingress, egress, and underground utilities from U.S. Highway 26 to, and in favor of, the herein described properties owned by Sender and Paulsen is hereby created over that portion of the properties lying twenty (20) feet on either side of the centerline described in Exhibit A, attached hereto, captioned "Description: 40 Feet Wide Right-of-Way Easement". B. CONSIDERATION. Sender and Paulsen hereby acknowledge receipt of TEN DOLLARS ($10.00) and other valuable consideration, in hand paid, for the right of way easement granted herein. C. 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 free ingress and egress. D. IMPROVEMENTS AND MAINTENANCE. Any improvements made within the Easement Area shall be at the sole expense of the person(s) making the improvements unless otherwise agreed to in writing. EASEMENT AGREEMENT SENDER / PAULSEN, TRUSTEE PAGE 1 OF 3 0'?7 S E. EASEMENT SUBJECT TO EXISTING UTILITIES. Any modifications to existing utility installations in the Easement Area shall be at the sole expense of the person(s) making the modifications unless otherwise agreed to in writing. F. EASEMENT TO RUN WITH THE LAND. The right of way 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 Easement Agreement, and their respective heirs, successors or assigns. G. ENTIRE AGREEMENT. This Easement Agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Easement Agreement shall not be binding except to the extent incorporated in this Easement Agreement. IN WITNESS WHEREOF, Sender and Paulsen have caused this Easement Agreement to be executed on this day of July, 2004. JOSEPH H. SENDER DEBORAH ANN PAULSEN, TRUSTEE (now known as Deborah Ann Paulsen Sender) of The Deborah Ann Paulsen Family Trust dated August 12, 1994 STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) ACKNOWLEDGED before me this ~.,g'~' WITNESS my hand and official seal. My Commission expires: day of July, 2004 by JOSEPH H. SENDER. ~ Count of ~ State of ~ Lincoln ~ Wyoming ~ My Commission Expires Aug. 5, 2007 NOTARY PUBLIC EASEMENT AGREEMENT SENDER / PAULSEN, TRUSTEE PAGE 2 OF 3 07'7 9 STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) ACKNOWLEDGED before me this day of June, 2004, by DEBORAH ANN PAULSEN, TRUSTEE (now known as Deb6'Tah Ann Paulsen Sender) of The Deborah Ann Paulsen Family Trust dated August 12, 1994, who acknowledged further that she executed the above instrument for and on behalf of said Trust pursuant to authority provided therein. WITNESS my hand and official seal. J "'~'~'~t~;i~.."i.' ~ N OT'~RY"DtgB LI C My Commission expires:. J~,~,/,~ "- 2 O~ EASEMENT AGREEMENT SENDER / PAULSEN, TRUSTEE PAGE 3 OF 3 ,',;;~ ~ ~ ~ . . ,',~ 12 04 04: 03p Llo~dB 883-4194 Description: 40 Feet Wide Right-of-Way Easement A portion of Paulsen property as referred to in the deed recorded in Book 357PR, on Page 514, and the Sender property as referred to in the Deed recorded in Book' 264PR, on Page 283, with the Office of the Clerk of Lincoln County, Wyoming, within the NE1/4NE1/4 of Section 19, T37N, Rll8W and the SE1/4SE1/4 of Section 18, T37N, R118W, of the 6t~ P.M., Lincoln County, Wyoming, being 20 feet either side of the centerline being more particularly described as follows: Beginning at an Aluminum Cap on Iron Pipe marking a point in a common line betxveen said Paulsen property and said Sender property, said Point of B eginning being 267.18 feet, N82°43'55"W from the BLM type monument marking the Alden Brewer, RLS 526, 1973 location for the North~vest Corner of Section 20; thence N89°19'59"W, roughly along said common line, 591.46 feet to an Aluminun~ Cap on Rebar marking a point in the East Right-of-Way line of U.S. Highway 26.