HomeMy WebLinkAbout903861 RECEIVED
L'IN(:;OI._N ¢;OUNTY CLERK
ASSIGNMENT' O E $ MENT
I}7,4 N E W k G N E R
H~old G~dner ~d Maril~ G~dner~ "~A?M~lyff:~Ei'~f;Husband ~d
Wife, and Bcvcrl~e A. Baxter, a ma~i~d woman, as sole and separate propc~
Or.tots, for ~d in consideration of the sum ofTen Dollars ($10.00) and other
good ~d valuable considerations, in h~d paid, the receipt ofw~ch is
ac~oMedged, gr~t ~d conveys to Sh~on Hatfield, a m~d womb, as sol~
~d scp~atc prope~, her successors ~d assigns, Grantees, the follow~g
described pc~e~al ~ght-of-Way Easement and Agreement for th~ follodng
pu~oscs and under the following conditions:
1. Purpose of Easement. This easement is for the purpose of providing a
perpetual Right-of-Way Easement forty-two (42) feet in width for ingress and
egress, electric power and telephone and utilities to include the fight to construct
and maintain those utilities and roadway as hereto described.
2. Conditions of Easement. The conditions of this easement are:
a. All utilities constructed must be placed undergroUnd. The Grantors
shall have access and rights to service connections to their remaining real property
from the electric surface servi ce box located approximately 25 feet North along
the joint cormnon property line from the SW comer of the Beverlee A. Baxter
tract, within the NW1/4SE1/4, Section 16, Township 32 N., Range 119 W. 6th
P.M., Wyoming and traversing southwesterly to a point on the fight-of-way
easement west 25 feet of the southeast comer of the Gardner tract and thence
westerly within the described easement.
b. Roadway may be improved' to include culverts for water drainage,
livestock control shall be included.
c. It is a common easement for the mutual benefit of Grantors and
Grantee. Either or both shall be privileged for use.
d. The easement shall be non-assessable for future maintenance or
improvement. Any and all agreements for participation in costs shall be by
express agreement.
e. The Grantors shall not be under obligation to contribute to snow
removal unless expressly agreed to in writing.
fi The Grantor, Beverlee A. BaXter, expressly agrees to assign and share
the rights she received by Warranty Deed as recorded in the Lincoln County
Clerk's office at Kemmerer, Wyoming at Book 494 PR, at Pages 256 and 257,
recorded July 15, 2002.
3. Description of Easement. the Easement is described as follows:
As per Exhibit "A", attached and made a part hereof and as per 2a aforesaid.
4. Binding Effect. The temps 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.
EASEMENT AND ASSIGNMENT OF EASEMENT
Gardner, Baxter/Hatfield
Page 1 of 2
:0339
5. 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, Grantors hayb caused this instrument to be
executed as of this/-L[-?2-- day of /~'~f ,~_3~ [ I/ ,2004.
MARILYN GARDNER, a/k/a
Marilyn Fiske
STATE OF WYOMING )
)
COUNTY OF ~¥& ~,'C_. )
SS.
BEVERLEE A. BAXT~ER
The foregoing Easement and Assignment of Easement was acknowledged before
me by Harold Gardner and Mafilyn Gardner, a/k/a Marilyn Fiske, on this '¥~'~3-day of
~c~':~tv'' ,2004.
WITNESS my hand and official seal.
STATE OF WYOMING )
) ss.
coesTv ov4,/ 4/
NOTARY I~UBLIC
IVly Commission Expires:
The foregoing Easement and Assignment of ~a,semcnt .was acknowledged before
me by Beverlee A. Baxter, on this ~"q~5 day of /~'~-"'tr?f~ , 2004.
WITNESS my hand and official seal.
ounty of fll~'~ State of {{
Lincoln o lng
My Commission Expires '~ O.
NOTARY PUBLIC
My Commission Expires: t'x~'~ ~' ~9t9 '~
EASEMENT AND ASSIGNMENT OF EASEMENT
Gardner, Baxter/HaOqeld
Page 2 of 2
DESCRIPTION FOR
NEWEL LEAVITT AND VIRGINIA LEAVITT FAMILY TRUST,
DATED 20 FEBRUARY 1996
FORTY-TWO (42) FOOT ACCESS AND UTILITY EASEMENT
To-wit: - -
A strip of land forty-two (42) feet in width within the NW¼SE¼ and within the SW¼ of
Section 16, T32N, R119W, Lincoln County, Wyoming, with the southerly and easterly lines
described as follows:
BEGINNING at a point on the east line of said NW¼SE¼, N00°-03'-34"W, 509.52 feet
from the southeast comer of said NW¼SEV4, said point being identical to the northeast
point of that tract of record in said Office in Book 488 of Photostatic Records on page 830;
thence S85°-16'-50"W, 507.92 feet, along the north line of said tract in Book 488, to. the
northwest point of said tract;
thence S85°-09'-43"W, 754.36 feet, along said southerly fence line, to an angle point;
thence S63°-53'-58"W, 1863.02 feet, along said southerly fence line, to an angle point;
thence continuing, S63°-53'-58"W, 12.83 feet, to the east line of the Newel and Virginia
Leavitt Ranch Tract as depicted on the below refcrenced plat;
the BASE BEARING for this survey is the east line of the SE¼ of Section 16, T32N,
R119W, being N00°-06'-58"W;
each "comer" found as described in the Comer Record filed or to be filed in the Office of
the Clerk of Lincoln County;
each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed,
"SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details;
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln
County titled, "NEWEL LEAVITT AND VIRGINIA LEAVITT FAMILY TRUST,
DATED 20 FEBRUARY 1996 AND HAROLD GARDNER PLAT OF TRACTS AND
EASEMENTS WITHIN THE NW¼SE¼ SW¼ St~CTION 16 S½SE¼ SECTION 17 T32N
R119W LINCOLN COUNTY, WYOMING", dated 16 July 2002,
29 July 2002