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Home My WebLink About902283 RECEIVED ~ ~, {i LINCOLN COUNTY CLERK Francis D. Brown and Karen R. Brown, Trustees of tb~,,~r~cJs'D~an~aren R. Brown Family Trust dated March 3~, ~999, of Aflon, Lincoln County, Wyom'in~', ano Aevin D. Hyde aka Kevin Daniel Hyde and Oanice F. Hyde aka Janice Hyde, husband and wife, and as Trustees of the Kevin D. and Janice F. Hyde Family Trust dated June ~2, 2001, of Auburn, Lincoln County, Wyomin9, 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 Francis D. Brown and Karen R. Brown, Trustees of the Francis D. and Karen R. Brown Family Trust dated March 31, 1999, of PO Box 441, Afton, WY 83110, Kevin D. Hyde and Janice F. Hyde, Trustees of the Kevin D. and Janice F. Hyde Family Trust dated June 12, 2001, of 1539 Tom's Canyon Lincoln County Road No. 131, Auburn, WY 83111, 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, 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 the Tom's Canyon Lincoln County Road No. 12-131, including the right to construct and maintain a roadway to provide that ingress and egress and for all underground utilities. 1 09022 :3 Conditions of this Easement. The conditions of this easement are: 0656 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: Francis D. and Karen R. Brown Family Trust W1/2SW1/4 and SE1/4SW1/4 of Section 27, and N1/2N112NE1/4 and E1/2S1/2N1/2NE1/4 of Section 33, all in T33N, R119W, 6th P.M., Lincoln County, Wyoming, and ALSO 065 7 The North 112.18 feet of that portion of the NW1/4NWI/4 of Section 34, T33N, R119W, 6th P.M., Lincoln County, Wyoming, that is west of the East 860 feet of said NW1/4NWl/4, and ALSO N1/2N1/2NE1/4 and E112SI2N112NE114 of Section 33, T33N,"R119W, 6th P.M. Kevin Daniel and Janice F. Hyde NW1/4NW1/4 of Section 34, T33N, Wyoming, and ALSO R119W of the 6th P.M., Lincoln County, The South 60 feet of the East 860 feet of the SW1/4SW1/4 of Section 27, T33N, R119W, 6th P.M., Lincoln County, Wyoming. Clealon D. and Elaine Hyde Family Revocable Trust SWI/4NEI/4, NEI/4SEI/4 and E112SE114SE1/4 of Section 28, T33N, R118W of the 6th P.M., Lincoln County, Wyoming. Kyle L. 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 82"40' 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. Whiteside Lots 1, 2, 3, and 4 of Section 28, T34N, R119W of the 6th P.M., Lincoln County, Wyoming, and also 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. 3 0658 4. Description of Easement. The easement is described as follows: A portion of the SW1/4SW1/4 and of the SE1/4SW1/4 of Section 27, T33N, R119W, 6th P.M., Lincoln County, Wyoming, more particularly described as follows: (a) The East 15 feet of the South 75 feet of said SW1/4SW1/4. (b) The West 15 feet of the South 75 feet of said SE1/4SW1/4. (c) Beginning at a point on the East boundary of said SW1/4SW1/4 that is 75 feet north of the SE corner of said SW1/4SW1/4 and running thence West parallel to the South boundary of said SW1/4SW1/4 865 feet; thence approximately S71°4'31"W 138.75 feet, more or less, to a point that is 323.75 feet East from the West boundary and 30 feet North from the South boundary of said SW1/4SW1/4; thence West parallel to the South boundary of said SW1/4SW1/4 323.75 feet, more or less, to a point on said West boundary that is 30 feet North of the SW corner of said SW1/4SW1/4; thence South along said West boundary 30 feet, more or less, to the SW corner of said SW1/4SW1/4; thence East along the South boundary of said SW1/4SW1/4 460 feet, more or less, to a point which 860 feet West of the SE corner of said SW1/4SW1/4; thence North parallel to the West boundary of said SW1/4SW1/4 45 feet; thence East parallel to the South boundary of said SW1/4SW1/4 860 feet, more or less, to a point on the East boundary of said SW1/4SW1/4 that is 45 feet North of the SE corner of said SW1/4SW1/4; thence North along said West boundary 30 feet, more or less, to the point of beginning. 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 4th day of May, 2004. Francis D. Brown, Trustee 0659 Karen R. Brown, Trustee Kevin Daniel Hyde STATE OF WYOMING COUNTY OF LINCOLN SS. On this /,~../,~ day of//,/-~M',5"/- , 2004, before me personally appeared Francis D. Brown and Karen R. Brown to me l~ersonally known, who, being by me duly sworn and put upon their oath, did say that they are the trustees of the Francis D. and Karen R. Brown Family Trust dated March 31, 1999, 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. CommiSsion Expires MaY 2, 2007 J Given under my hand and notarial seal the day and year first above written in this certificate. AI~Y PUBLIC My commission expires: ./~o,1! ~7 5 0660 STATE OF WYOMING COUNTY OF LINCOLN SS. On this //~¢'~ day of ~--~L/' , 2004, before me personally appeared Kevin D. Hyde and Janice F. Hyde to me personal(y known, who, being by me duly sworn and put upon their oath, did say that they are the trustees of the Kevin D. and Janice F. Hyde Family Trust dated June 12, 2001, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustee had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustee acknowledged said instrument to be the free act and deed of said trust; and subscribed and sworn to before me by Kevin D. Hyde aka Kevin Daniel Hyde and Janice F. Hyde aka Janice Hyde, husband and wife. Given under my hand and notarial seal the day and year first above written in this certificate. My commission expires: NOTARY PUBLIC