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HomeMy WebLinkAbout902286 RECEIVED 9 0 2 2 8 Kyle L. Erickson and Wendy D. EricksOn, Trustees of.t&;.~l~!E Wend~ D. Er ckson Revocable Trust dated December 21, 1994, of PO Box'82~ ASb~Yn', WY 83111, grantors, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grants and conveys to Clealon D. Hyde and Elaine Hyde, Trustees of the Clealon D. and Elaine Hyde Family Revocable Trust, dated September 18, 1997, of 607 Tom's Canyon Lincoln County Road No. 131, Auburn, WY' 83111, grantees, the following described perpetual right-of-way easement for the following purposes: 1. Purpose of Easement. This easement is for the purpose of providing a perpetual, nonexclusive 30-foot wide right-of-way easement for ingress and egress and all underground utilities to the property described in paragraph 3 from grantees' land, namely the NE1/4SE1/4 of Section 28, T33N, R118W of the 6th P.M., Lincoln County, Wyoming, including the right to construct and maintain a roadway to provide that ingress and egress and for all underground utilities. 2. Conditions of this Easement. The conditions of this easement are: a. The easement may not be fenced by Grantees without the prior written consent of Grantors. b. Grantors have no duty to construct, operate, or maintain any roadway or underground utilities constructed in the described easement. Grantees are responsible for the cost of construction of any road or utilities and the cost of the subsequent operation and maintenance of such improvements. c. Grantees, their heirs and assigns, hereby waive any and'all claims that they may have at the present or in the future against the Grantors related to Grantees' use, operation or maintenance of the herein described easement. By accepting, using or allowing any third parties to use the herein described easement Grantees assume the risk of any and all damage including property or personal damage. Grantees shall indemnify and hold Grantors harmless for any damage, whether property or personal, to any third party whom Grantees allow to use the herein described easement. If any third party is injured or damaged in any way related to the use or maintenance of the herein described easement, the Grantee(s) allowing the third party to use the easement or maintain the easement shall indemnify and hold Grantors harmless therefrom. This indemnification and hold harmless includes the expenses of reasonable attorney fees, court costs, and any damages assessed against Grantors because of the use or maintenance of the easement or any reasonably related matter to the easement. 3 Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, wyoming: SW1/4NE1/4 of Section 28, T33N, R118W of the 6th P.M., Lincoln County, Wyoming. 4. Description of Easement. The easement is described as follows: The North 30 feet of the East 30 feet of the NW1/4SEI/4 of Section 28, T33N, R119W, 6th P.M., Lincoln County, Wyoming. 5. Binding Effect. The terms and conditions of this easement shall be binding upon and inure to the benefit of the heirs, successors in interest and assigns of the parties named in this instrument. 6. 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. IN WITNESS WHEREOF, we have hereunto set our hands as of the 24th day of May, 2004. "?)Kyle~' ~¢'~'~ ~'~//L. Ericks~n, Trustee Wer~y D. Erickson, Trustee 2 STATE OF WYOMING · SS. COUNTY OF LINCOLN On this ,-~.~)-/~ day of ,~.,~(..Z~ , 2004, before me personally appeared Kyle L. Erickson and Wendy D. Erickso~ io ~e personally known, who, being by me duly sworn and put upon their oath, did say that they are the trustees of the Kyle L. Erickson and Wendy D. Erickson Revocable Trust dated December 21, 1994, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustees had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledged said instrument to be the free act and deed of said trust. Given under my hand and notarial seal the day and year first above written in this certificate. County of ~ State of Lincoln ~ Wyoming _.My._ Commission Expires May 2. 2007 My commission expires: NOTARY PUBLIC?'