HomeMy WebLinkAbout903272 EASEMENT
903272
RECEIVED
LINCOLN COUNTY CLERK
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Dennis W. Johnson, a single man, of 2360 Siate Highway, .3~l'4~bur0," "~'"' '.,.V~ ' ~.,'~"~,,, 1
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grantor,
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 unto Jamie Lynn Hudson and Gary W.
Johnson, as joint tenants with right of survivorship and not as tenants in common, grantees, of
9655 East Point Drive, Sandy, UT 84092,
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 Wyoming State Highway 238, including the
right to construct, maintain and inspect 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 Grantor.
b. Neither Grantor nor Grantees have any duty to construct, operate, or
maintain any roadway or underground utilities constructed in the described
easement. Each party is individually responsible for the cost of construction of any
road or utilities and the cost of the subsequent operation and mainlenance of such
improvements which that party, in their sole discretion, determines to make.
However, if Grantor and Grantees agree to construct a road or utilities in the
easement for the mutual benefit of Grantor's lands and Grantees' lands, then
Grantor and Grantees shall each be responsible for their reasonable share of the
cost of such construction and the subsequent expenses of operation and
maintenance.
c. Grantees, their heirs, successors in interest and assigns, hereby
waive any and all claims that they may have at the present or in the future against
067,1
the Grantor related to Grantees' use, operation or maintenance of the easement. By
accepting, using or allowing any third parties to use the easement, Grantees assume
the risk of any and all damage including property or personal damage.
Grantees indemnify and agree to hold Grantor harmless for any
damage, whether property or personal, to any third party whom Grantees allow to
use the easement. If any third party is injured or damaged in any way related to the
use or maintenance of the herein described easement, the Grantees shall indemnify
and hold Grantor harmless therefrom. This indemnification and hold harmless
includes the expenses of reasonable attorney fees, court costs, and any damages
assessed against Grantor because of the use or ma ntenance 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:
S112SE114NE114 of Section 27 and S112SW114NW1/4 of Section 26 all in T33N,
R119W of the 6th P.M., Wyoming.
4. Description of Easement. The easement is described as follows:
The South 30 feet of the following described real property:
S112SE114NW1/4 and the S112SW114NE114 of Section 26, T33N, R119W of the 6th
P.M., Wyoming.
5. Binding Effect. The terms and conditions of this easement shall be binding upon
and inure to the benefit of the Grantor and Grantees and their respective heirs, executors,
administrators, successors, assigns and legal representatives.
6. Waiver of Homestead Rights. The Grantor hereby waives and releases 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, I have hereunto set my hand as of the 25th day of August, 2004.
Dennis W. Johnsq¢;f'
STATE OF WYOMING
COUNTY OF LINCOLN
SS.
The foregoing Easement was acknowledged before me by Dennis W. Johnson, a single
man, this ~ day of ,~'.~z~¢~,' ,2004
Witness my hand and official seal.
County of ~ St,re of
~_~__~M}/_~:_Co_~___m~l?lssion Expires May 2,
My commission expires:
OTARY PUBLIC
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