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Home My WebLink About902285 EASEMENT 902285 REOEIVED LINCOLN COUNTY CLERK Clealon D. Hyde and Elaine Hyde. Trustees of the L, lealen-D:~;~]~61 E'la~in~.IFl~,db Family Revocable Trust, dated September 18, 1997, of 607 Tom's Canyon Lincoln County Road No. 131, Auburn, WY 83111, Kyle L. Erickson and Wendy D. Erickson, Trustees of the Kyle L. Erickson and Wendy D. Erickson Revocable Trust dated December 21, 1994, of PO Box 82, Auburn, WY 83111, and Orden M. Burton and Irma Burton, husband and wife, of 4603 South Wackerlie Avenue, Idaho Falls, ID 83406, grantors, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grant and convey 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, Kyle L. Erickson and Wendy D. Erickson, Trustees of the Kyle L. Erickson and Wendy D. Erickson Revocable Trust dated December 21, 1994, of PO Box 82, Auburn, WY 83111, Orden M. Burton and Irma Burton, husband and wife, of 4603 South Wackerlie Avenue, Idaho Falls, ID 83406, and Eugene K. Worton, Trustee of the Worton Family Trust dated May 10, 1995, and Steven K. Whiteside and Shauna J. Whiteside, husband and wife, of 244 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 the western terminus of an easement granted by Francis D. Brown and Karen R. Brown, Trustees of the Francis D. and Karen R. Brown Family Trust dated March 31, 1999, and by Kevin Daniel Hyde and Janice F. Hyde aka Janice Hyde, husband and wife, including the right to construct and maintain a roadway to provide that ingress and egress and for all underground utilities. 1 Conditions of this Easement. The conditions of this easement are: a. It is a common, nonexclusive easement for the mutual benefit of all Grantees and their respective lands. b. The easement may not be fenced by any of the Grantees without the prior written consent of the Grantor(s) over whose land'that portion of the easement is located that Grantee(s) may desire to fence. c. Grantors have no duty to construct, operate, or maintain any roadway or underground utilities constructed in the described easement. Those landowners who develop or use the easement for ingress and egress or utilities are responsible for the cost of construction of any road or utilities and the cost of the subsequent operation and maintenance of such improvements. d. 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: Clealon D. and Elaine Hyde Family Revocable Trust SWI/4NE1/4, NEI/4SEI/4 and E112SE114SE1/4 of Section 28, T33N, R118W of the 6th P.M., Lincoln County, Wyoming. ..0663 O~(~;~. Erickson and Wendy D. Erickson Revocable Trust W1/2SE1/4 and W112SE114SE114 of Section 28 T33N, R119W of the 6th P.M., Lincoln County, Wyoming, excepting therefrom: Beginning at the South Quarter Corner of said Section 28, and running thence North 885.0 feet; thence South 82"40' East, 792 feet; thence South 784.0 feet; thence West 885.5 feet to the point of beginning. Orden M. and Irma Burton Beginning at the South Quarter Corner of Section 28, T33N, R119W of the 6th P.M., Lincoln County, Wyoming, and running thence North 885.0 feet; thence South 82040' East, 792 feet; thence South 784.0 feet; thence West 885.5 feet to the point of beginning. Worton Family Trust and Steven K. and Shauna J. Whitesidn Lots 1, 2, 3, and 4 of Section 28, T34N, R119W of the 6th P.M. Wyoming, and also , Lincoln County, The following real property in T7S, R46E, B.M., Caribou County, Idaho: E1/2E1/2 and SW1/4SE1/4 in Section 10. W1/2W1/2 and E1/2SW1/4 and Lots 3 and 4 in Section 11. Wl/2 and Lots 1, 2, 3, and 4 in Section 14. 4. Description of Easement. The easement is described as follows: The South 30 feet of the SE1/4 of Section 28, T33N, Rl19W, 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 t° 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 5th day of May, 2004. Clealon D. H~/~, Trustee Elaine Hyde, Trustee / / K~,le L. Erickson, Trustee WCndy D. Erickson, Trustee Orden M. Burton Irma Burton STATE OF WYOMING COUNTY OF LINCOLN ss. On this =2~-/-/1 day of .~-¢¢/.,(~"/' , 2004, before me personally appeared Clealon D. V' Hyde and Elaine Hyde to me personally known, who, being by me duly sworn and put upon their oath, did say that they are the trustees of the Clealon D. and Elaine Hyde Family Revocable Trust dated September 18, 1997, 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 ~ Commission Expires Max 2, 2007 My commission expires: NOTARY PUBLIC - 09O 85 0665 STATE OF WYOMING : SS. COUNTY OF LINCOLN On this c~)~1 day of AC~/..Z£"/L , 2004, before me personally appeared Kyle L. Erickson and Wendy D. Erickson to me 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_Q,~3mmission Expires May 2, 2007 My commission expires: NOTARY PUBLIC STATE OF ~ · COUNTY OF SS, The foregoing Easement was acknowled, ged before me by Orden M. Burton and Irma Burton, husband and wife, this ~Z.~ day of ~/__~.¢7z- ,2004. Witness my hand and official seal. County of ~ State of / Linc~n '~ Wyoming / _MY._Q-d:~nmission Expires Ma~_ 2, 200'7 My commission expires: NOTARY PUBLIC 5