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HomeMy WebLinkAbout904381 '-'ECF_~VED F\ ~ ,, ';,' i' ¢0UN'fY CLERK EASEMENT AGRE~MEN t,~ - O¢,,tot~nr ,¢,~'/' , 2004. between the This agreemem ~nlaldl~ .~effective as ;f . AROHIE D. NELSON~I~:-8~I~E"P. NELSON ' FAMILY T~'-C.¥'b~ED 24 FEBRUARY, 2001, of Etna, Wyoming, Grantors, and tn~. '~:R~ ig~m¢¢F./~ MES PATRICK O'BANNON, DATED 28 SEPTEMBER, 2000, Grantee, a single person, of Etna, Wyoming, grantee. RECITALS The padies recite and declare: A. The padies have an interest in adjoining real estate in Lincoln County, State of Wyoming, and as described, respectively, as follows: (1) THE ARCHIE D. NELSON AND CORINE P. NELSON FAMILY TRUST, DATED 24 FEBRUARY, 2001' as shown in a deed recorded in Book 455 PR, Page 6, in the official records of the Lincoln County Clerk, for the County of Lincoln, State of Wyoming; That property described in the certain Quitclaim Deed from the TRUST OF JAMES PATRICK O'BANNON, DATED 28 SEPTEMBER, 2000. That property described in the Quitclaim Deed filed on the same date of this easement, the Grantor being the TRUST OF JAMES PATRICK O'BANNON, DATED 28 SEPTEMBER, 2000, and the Grantee being the ARCHIE D. NELSON AND CORINE P. NELSON FAMILY TRUST, DATED 24 FEBRUARY, 2001, that property being described within said Quitclaim deed. (2) The TRUST OF JAMES PATRICK O'BANNON, DATED 28 SEPTEMBER, 2000: as recorded in Book 488 PR Page 521 and that property described in the document recorded in Book 453 PR Page 319, both being recorded in the official records of the Lincoln County Clerk, for and in the County of Lincoln, State of Wyoming. Bowers & Associates Law Offices, PC 106 Hospital Lane Post Office Box 1550 Afion, Wyoming 83110 Easement Page ] of 6 0798 B. The above described parties desire to create a perpetual private easement for ingress, egress and underground utilities between the above-described adjoining property owned by them for the benefit of that property described above as that of the TRUST OF JAMES PATRICK O'BANN©N, DATED 28 SEPTEMBER, 2000. DECLARATION OF EASEMENT The ARCHIE D. NELSON AND CORINE P. NELSON FAMILY TRUST, DATED 24 FEBRUARY, 2001 hereby states and declares as follows: The undersigned Trustees of the ARCHIE D. NELSON AND CORINE P. NELSON FAMILY TRUST, DATED 24 FEBRUARY, 2001, its successors and/or assigns, hereby grants and conveys a perpetual non-exclusive private easement for ingress, egress, and underground utilities in favor of the adjoining property of the TRUST OF JAMES PATRICK O'BANNON, DATED 28 SEPTEMBER, 2000, more particularly described as follows: The description of the easement benefitting the real property of the TRUST OF JAMES PATRICK O'BANNON, DATED 28 SEPTEMBER, 2000, being described in the attached description, "DESCRIPTION FOR THE ARCHIE D. NELSON AND CORINE P. NELSQN FAMILY TRUST, DATED 24 FEBRUARY, 2001, FORTY (40) FOOT ACCESS EASEMENT SECTION 12", being prepared by Surveyor Scherbel, LTD., being made part of this document by reference and incorporation as if fully set forth herein and attached hereto. The above described easement shall benefit the real property described herein of the TRUST OF JAMES PATRICK O'BANNON, DATED 28 SEPTEMBER, 2000, and shall "run with the land." CONSIDERATION For and in consideration of ten ($10.00) dollars, the mutual promises and agreement of the parties, and other valuable consideration, in hand paid, receipt of which is acknowledged, the parties state and declare that consideration has been provided to both parties for this agreement. Bowers & Associates Law Offices, PC 106 Hospital Lane Post Office Box 1550 Alton, Wyoming 83110 Easement Page 2 of 6 . ,;,(,. 0?99 EASEMENT NOT TO BE OBSTRUCTED The Grantors, Grantee, their heirs, successors, and/or assigns, agree and state that they shall not use the above described easement to obstruct or impair the rights of either party, their heirs, successors, or assigns in the use of this easement and their adjoining property. USE OF EASEMENT Both parties shall have unlimited private and commercial use of the herein described easement for any use that they feel is appropriate, providing however, that such use shall not interfere in with the other party's use. EASEMENT TO RUN WITH LAND This grant of easement shall run with the land and shall be binding on and shall inure to the benefit of the parties to this agreement, their respective heirs, successors, or assigns. INDEMNITY Each of the parties agrees to indemnify and hold the other harmless from and against any and all liability for personal injury or property damage when such injury or damage shall result from, arise out of, or be attributable to any use, maintenance or repair undertaken by either party. NOTICES Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this agreement. GOVERNING LAW It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Wyoming. ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Bowers & Associates Law Offices, PC 106 Hospital Lane Post Office Box 1550 Afion, Wyoming 83110 Easement Page 3 of 6 agreement shall not be binding upon either party except to the extent incorporated in this agreement. MODIFIGATION OF AGREEMENT Any modification of this agreement or additional obligation assumed by either pady in connection with this agreement shall be binding only if evidenced in writing signed by each pady or an authorized representative of each party. NO WAIVER The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and affect, as if no such forbearance or waiver had occurred. WAIVER OF HOMESTEAD RIGHTS The Grantor hereby waives and releases all right 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. PARAGRAPH HEADINGS The titles t© the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement. IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on the date indicated below the provisions of this agreement. DA TED this . ~ ~ day of October, 2004. Bowers & Associates Law Offices, PC 106 Hospital Lane Post Office Box 1550 Afion, Wyoming 83110 Easement Page 4 of 6 . 08,01 GRANTORS: ARCHIE D. NELSON AND CORINE P. NELSON FAMILY TRUST, DATED 24 FEBRUARY, 2001. ARCHIE D. NELSON, Trustee of the ARCHIE D. NELSON AND CORINE P. NELSON FAMILY TRUST DATED 24 FEBRUARY, 2001. BY: CORINE P. NELSON, Trustee of the ARCHIE D. NELSON AND CORINE P. NELSON FAMILY TRUST, DATED 24 FEBRUARY, 2001. STATE OF WYOMING ) )ss. COUNTY OF LINCOLN ) SUBSCRIBED AND SWORN to me this / day of ~, 2004, by ARCHIE D. NELSON AND CORINE P. NELSON,'who appeared before me and were personally known to me, who being duly sworn and upon oath represented that they were the TRUSTEES of the ARCHIE D. NELSON AND CORINE P. NELSON FAMILY TRUST, DATED 24 FEBRUARY, 2001, and that the instrument was signed on behalf of the Trust by the authority of the Trustees, and that they executed the instrument on behalf of the ARCHIE D. NELSON AND CORINE P. NELSON FAMILY TRUST, DATED 24 FEBRUARY, 2001, to be the free act and deed of the Trust. WITNESS my hand and official seal. ~ C~unty of c~ ~"~ State of I My Commission Expires March 25 2007 / ? / "N (~ ?,~,1~ Y- PLJB LTc Bowers & Associates Law Offices, PC 106 Hospital Lane Post Office Box 1550 Afion, Wyoming 83110 Easement Page 5 of 6 09043S GRANTEE: TRUST OF JAMES PATRICK O'BANNON, DATED 28 SEPTEMBER, 2000. BY: ..~J'AMES PATRICK O'BANNON, Trustee of the TRUST OF JAMES PATRICK O'BANNON, DATED 28 SEPTEMBER, 2000. STATE OF WYOMING COUNTY OF LINCOLN ) )ss. ) SUBSCRIBED AND SWORN to me this :? "V ~day of October, 2004, by JAMES PATRICK O'BANNON, who appeared before me and was personally known to me, who being duly sworn and upon oath represented that he was the TRUSTEE of the TRUST OF JAMES PATRICK O'BANNON, DATED 28 SEPTEMBER, 2000 and that the instrument was signed on behalf of the Trust by the authority of the Trustee, and that he executed the instrument on behalf of the TRUST OF JAMES PATRICK O'BANNON, DATED 28 SEPTEMBER, 2000, to be the free act and deed of the Trust. WITNESS my hand and official seal. My Commission Expires: NOTARY PUBLI Bowers & ,4ssoctates Law Offices, PC 106 Hospital Lane Dost Office Box 1550 lfion, Vgyoming 83110 Easement Page 6 of 6 , O803 DESCRIPTION FOR ARCHIE D. NELSON AND CORINE p. NELSON FAMILY TRUST, DATED 24 FEBRUARY 2001 FORTY (40) FOOT ACCESS EASEMENT SECTION 12 To-wit: - - The west forty (40) feet of the SW¼ of Section 12, T35N Rll9W, Lincoln County, Wyoming; that the right-of-way lines of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of forty (40) feet to meet the north line of said SW¼ and the south linc o£said SW¼; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT TO AccOMPANY AMENDED PARCEL DIVISION APPLICATION FOR TRUST OF JAMES PATRICK O'BANNON, DATED 28 SEPTEMBER 2000 WITHIN ¼ SF-CT1ON 12 T35N Rl l9W LINCOLN 1., as reviscd 2004 .and Surveyors lion No, 164 tion No. 1670 dion No. 3990 'alion No. 6805 ion No. 3889 No. 8026 on No. 372H1 SCHERBEL on No. 5368 bel, LTD. ning }ng s. Idaho "Mnelifir,~fl T/R 3 5-119-12/Pair/ok