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EASEMENT AGREEMENT
Agreement made, effective as of November - 2004, by and between JOHN
D. BOWERS and TERI BOWERS, husband and wife, of P.O. Box 65, Grover
Wyoming, Lincoln County, Wyoming, GRANTORS, and JOHN D. BOWERS and TERI
BOWERS, of P.O. Box 65, Grover, Lincoln County, Wyoming, GRANTEES.
RECITALS
The parties recite and declare:
A. The parties have an interest in adjoining real estate in Lincoln County, State
of Wyoming, and described, respectively, as follows: as described in Book 268PR,
Page 425, Instrument Number 696851, of the official records of the Lincoln County
Clerk, being more particularly described as follows:
(1) JOHN D. BOWERS and TERI BOWERS, husband and wife:
(BURDENED PROPERTY)
That property described in Book 268PR Page 425, Instrument Number
696851, of the Official Records of the Lincoln County Clerk, in and for the County of
Lincoln, State of Wyoming, being more particularly described as follows:
A tract of land lying in the NW'ANW'A of Section 33,
Township 33 North, Range 118 West of the 6th P.M.,
Wyoming, described as follows:
BEGINNING at a point which is South 1305.00 feet from
the Northwest Corner of said Section 33 and proceeding
THENCE East 198 feet; THENCE North 220 feet; THENCE
West 198 feet; THENCE South 220 foet to the point of beginning.
(2) JOHN D. BOWERS and TERI BOWERS
(BENEFITTED PROPERTY)
That property as described in Book 416, Page 681, Instrument Number
852968, of the Official Records of the Lincoln County Clerk in and for the County of Lincoln,
State of Wyoming, being more particularly described as follows:
Bowers Law Office, P.C.,
P.O. Box 1550
Afion, }ffyorning 83110
307-885-0640
Page 1 of 4
RECEIVED 12/13/2004 at 10:24 AM
RECEIVING# 905176
BOOK: 574 PAGE: 504
JEANNE WAGNER
LINCOLN COUNTY CLERK._.KEMMERER, WY
O505
Beginning at the Northwest Corner of said Section 33, T33N,
R 118 W, 6th P.M., Wyoming, and running thence North 88°39.5'
East (S89° 43' E Record), 198.42 feet, thence South 00°09' West
1309.60 feet, thence North 89°58.5' West 198 feet, thence North
00°08' Base Bearing 1304.87 feet along west line of said Section
33 to the corner of beginning. EXCEPTING that Tract of record in
the office of the Clerk of Lincoln County in Book 157 of P.R., on
Page 127, lying in the Southwest Corner of the foregoing parcel.
SUBJECT TO all easements, exceptions, restrictions, reservations
and rights of way of sight or record.
B. The herein identified parties desire to create an easement for ingress,
egress and underground utilities between the above-described adjoining property, for the
benefit of the property described in paragraph A(2).
DECLARATION OF EASEMENT
The parties agree as follows:
The undersigned parties, their heirs, successors, and assigns, hereby grant and
convey a perpetual easement for ingress, egress, and underground utilities in favor of the
herein property described in paragraph A(2), hereby burdening the property described in
paragraph A(1), the perpetual easement being more particularly described as follows:
The Westerly sixty feet (60') of that property
described in the deed recorded in Book 268
PR, Page 425, Instrument Number 696851,
of the official Records of the Lincoln County
Clerk, in and for the County of Lincoln, State
of Wyoming, said easement being sixty feet
(60') wide running from Lincoln County Road
129 along the Westerly portion of that property
described in Book 268 PR, Page 425,
Instrument Number 696851, recorded in the
official records of the Lincoln County Clerk,
in and for the County of Lincoln, State of
Wyoming, to the herein benefitted land.
Bowers Law Office, P.C.,
P.O. Box 1550
Afion, Wyoming 83110
307-885-0640
Page 2 of 4
0506
CONSIDERATION
The mutual promises and agreement of the parties, shall serve as sufficient
consideration and payment under this agreement
EASEMENT NOT TO BE OBSTRUCTED
The parties, their heirs, successors, or assigns, shall not use the easement
or obstruct the herein described easement in any way that will impair the rights of the
other parties, their heirs and assigns in the use of this easement.
USE OF EASEMENT
All parties shall have unlimited use of the herein described easement for any
use that they feel is appropriate, providing however, that such use shall not interfere with
any other party's use of the easement.
EASEMENT TO RUN WITH LAND
This grant of easement shall run with the and 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 agreement
shall not be binding upon either party except to the extent incorporated in this agreement.
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by either party
in connection with this agreement shall be binding only if evidenced in writing signed by each
party or an authorized representative of each party
Bowers Law OJ~ce, P.C.,
P.O. Box 1550
Alton, Wyoming 83110
307-885-0640
Page 3 o/ 4
NO WA VER
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 breech 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 shal continue and remain in full force and affect,
as if no such forbearance or waiver had occurred.
WAIVER OF HOMESTEAD RIGHTS
The undersigned parties, being 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.
PARAGRAPH HEADINGS
The titles to 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 agreeme~u h~t.s' CClused it to be executed on the date
indicated below the provisions, of this agE~emen. [. ,~_.'
DATED this ~'i~j_ day of~-2004
J~D. ~RS 77:171 BOWERS
STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
The foregoing instrument was aclol,owledk, cd before
BOWERS, husband and wife, this O'x~day of ~'?ii~:~2004.
WITNESS my hand and official seal.
My commission expires:
me by JOHN D. BOWERS and TERI
Bowers Law Office, P.C.,
P.O. Box 1550
Afion, Wyoming 83110
307-885-0640
Page 4 q/ 4