HomeMy WebLinkAbout903274EASEMENT
RECEIVED
t. INCOLN 00UNTY CLERK
Terry W. Johnson and Jane Johnson, husband and wife, of 476.1~a, st P.oint Circle, Sandy,
UT 84092, ' ~,"~.4ER~R. wv'.'~.~l~6
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 unto Douglas W. Johnson and Beverly N.
Johnson, Trustees of the Douglas W. Johnson and Beverly N. Johnson Revocable Trust dated
June 2, 1994, of 7011 Highway 238, Afton, WY 83110,
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.
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. Neither Grantors 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 maintenance of such
improvements which that party, in their sole discretion, determines to make.
However, if Grantors and Grantees agree to construct a road or utilities in the
easement for the mutual benefit of Grantors' lands and Grantees' lands, then
Grantors and Grantees shall each be responsible for their reasonable share of the
cost of such construction and the subsequent expenses of operation and
maintenance.
ass, 0 6 ? 8
c. Grantees, their heirs, successors in interest, and 'gns, 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 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 dama§e.
Grantees indemnify and agree to hold Grantors 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 easemem, the Grantees 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:
N1/2SE1/4NE1/4 of Section 27 and N1/2SW1/4NW1/4 of Section 26 all in T33N,
R119W of the 6th P.M., Wyoming.
4. Description of Easement. The easement is described as follows:
The North 30 feet of the following described real property:
The N1/2SE1/4NW1/4 and the N1/2SW1/4NE1/4 of Section 26, T33N, Rl19W 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 Grantors and Grantees and their respective heirs, executors,
administrators, successors, assigns and legal representatives.
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 26th day of August,
2004.
06,79
Te~.~ W. Jol~on
STATE OF UTAH
COUNTY OF SALT LAKE
ss
The foregoing Easement was acknowledged before me by Terry W. Johnson and Jane
Johnson, husband and wife, this ,--~'~"'~ay of /~/_/~. ,2004.
Witness my hand and official seal.
8ANDRA JENKII~
, ,O01ll/I. EXP.
My commission expires: ~"--/5' ~d .-~
NOTARY PUBLIC
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