HomeMy WebLinkAbout907287 RECEIVED 3/28/2005 at 3:59 PM
RECEIVING # 907287
BOOK: 581 PAGE: 579
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
UTILITY EASEMENT
'0579
Shirley Ann Gardner, a married woman dealing in her sole and separate property, of Afton,
Lincoln County, Wyoming, and Gardner Ranch, Inc., a Wyoming corporation with principal place
of business located at Afton, Lincoln County, Wyoming, 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
Robert Blair Allen and Carolyne Jo Allen, Trustees of the R. Blair and Carolyne Allen Family
Trust dated September 3, 1997, of PO Box 87, Grover, WY 83122, grantees, the following
described nonexclusive, perpetual right-of-way easement for the following purposes and under the
following conditions:
1. Purpose of Easement. This easement is for the purpose of providing ingress and
egress and all necessary access to inspect the easement and to construct, install, operate and
maintain underground utilities including without limitation telephone and power lines across and
along a one-rod wide strip of land to provide underground utilities to lands owned by the grantees
to enter upon the lands of the grantors, situate in the County of Lincoln, State of Wyoming, said
easement being more particularly described in paragraph 4 below.
Grantees and their successors and assigns are hereby granted the right to construct, install,
operate, and maintain underground utilities over, across and along the above described one-rod
wide easement to such extent as is deemed necessary to provide utilities to grantees' lands
including without limitation telephone and power service.
2. Conditions of Easement. The conditions of this easement are:
a. Upon any construction or maintenance being performed in the easement
Grantees shall restore the Grantors' property to its prior condition by re-contouring or re-seeding
the land as necessary.
b. The easement may not be fenced by Grantees without the prior
written consent of Grantors.
c. Grantees, their heirs and assigns, hereby waive any and all claims
that they may have at the present or in the future against the Grantors related to
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Grantees' use, construction, operation or maintenance of the herein described
easement. By accepting, using or allowing any third parties to use the herein
described easement Grantees assume the risk of any and all damage including
property or personal damage.
Grantees shall indemnify and hold Grantors harmless for any
damage, whether property or personal, to any third party whom Grantees allow to
use the herein described 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 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.
d. Grantees are responsible for any and all costs of construction,
installation, operation, and maintenance of underground utilities within the easement
that benefits their property.
3. Property Benefited by Easement. This easement is for the benefit of the following
described real property of the grantees in Lincoln County, Wyoming:
NE1/4NW1/4 and NW1/4NE1/4 of Section 29, T33N, R118W, of the 6th P.M.,
Lincoln County, Wyoming.
4. Description of Easement. The easement is described as follows:
Beginning at the NW corner of the NE1/4NW1/4 of Section 29, T33N, R118W, of
the 6th P.M., Lincoln County, Wyoming, and running thence approximately West,
36 feet, more or less, to a point that is 5 feet, more or less, West of an existing
telephone pedestal and an existing power box; thence South parallel to the West
boundary of said NEI/4NWI/4, 1 rod, more or less, to a point that is 1 rod South
of the North boundary of the NWI/4NWI/4 of said Section 29; thence East
parallel to said North boundary, 36 feet, more or less, to the West boundary of
said NEI/4NWI/4; thence North along said West boundary 1 rod, more or less,
to the point of beginning.
5. Binding Effect. The terms 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.
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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.
,,¢¢¢,, WITNESS WHEREOF, we have hereunto set our hands as of the
2005.
/7/. day of
-Shirley Ann ~arc~ner
Gardner Ranch, Inc.
· avid G r~r, President
Attest:
Sh' ley Ann Ga)~ner, S~
STATE OF WYOMING ·
SS.
COUNTY OF LINCOLN
The foregoing Easement was acknowledged before me .by
woman dealing in her sole and separate property, this //-c-/~
2005. "
Shirley Ann Gardner, a married
day of ?'" _~,¢.~ ,
Witness my hand and official seal.
'0582
STATE OF WYOMING
: SS.
COUNTY OF LINCOLN
On this. day of , 2005, before me personally appeared O.
David Gardner, to me personally known, who, being by me duly sworn, did say that he is the
President of Gardner Ranch, Inc., a Wyoming corporation, described in and which executed the
foregoing instrument; that said instrument was signed in behalf of said corporation by authority of
its Board of Directors; and said O. David Gardner acknowledged said instrument to be the free act
and deed of said corporation.
Given under my hand and notarial seal the day and year first above written in this certificate.
My commission expires:
NOTARY PUBLIC