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HomeMy WebLinkAbout908128 -.00490 AGREEMENT TO CANCEL EASEMENT AGREEMENT AND ABANDON EASEMENT KNOW ALL PERSONS BY THESE PRESENTS, that ROBERT E. AULLMAN and LAURA AULLMAN, husband and wife, and JOEL MERRITT and SHERRY MERRITT hereby execute this Agreement to Abandon Easement as follows: WHEREAS, Robert E. Aullman and Laura Aullman, husband and wife, entered into an Easement Agreement with Earl W. Kinslow on July 30, 1999, said Easement Agreement being that which was recorded in the land records of Lincoln County, Wyoming, on August 2, 1999, in Book 433 PR at Pages 855 through 859 as Instrument No. 860425 (hereafter "Easement Agreement"); and WHEREAS, the Easement Agreement. is binding on the heirs, successors, and assigns of the parties thereto; and WHEREAS, Robert E. Aullman and Laura Aullman are original parties to the Easement Agreement, and Joel Merritt and Sherry Merritt, are assigns of Earl W. Kinslow to the Easement Agreement through conveyances that were recorded in the land records of Lincoln County, Wyoming, as follows: Corrected Warranty Deed from Earl W. Kinslow and Judy Ann Kinslow to Dennis Alan Jones, as Trustee of The Dennis Alan Jones Family Trust dated December 14, 1998 and Jane May Jones, as Trustee of The Jane May Jones Family Trust dated December 14, 1998, on August 1, 2000 in Book 449 PR at Pages 469 and 470 as Instrument No. 867279; Warranty Deed from Dennis Alan Jones, Trustee of The Dennis Alan Jones Family Trust dated December 14, 1998 and Jane May Jones, Trustee of The Jane May Jones Family Trust dated December 14, 1998 to Briarwood Estates, LLC, an Idaho Limited Liability Company, on April 23, 2004 in Book 553 PR at Page 214 as Instrument No. 898749; Quitclaim Deed from Briarwood Estates, LLC, an Idaho Limited Liability Company, to Sherry Merritt, a married person, on May 4, 2004 in Book 554 PR at Page 159 as Instrument No. 898995; and Warranty Deed from Sherry Merritt, a married person, to Joel Merritt and Sherry Merritt, husband and wife, on February 28, 2005 in Book 579 PR at Page 750 as Receiving No. 906765; and AGREEMENT TO CANCEL EASEMENT AGREEMENT AND ABANDON EASEMENT AULLMAN / MERRITT PAGE 1 OF 3 WHEREAS, Robert E. Aullman and Laura Aullman, acting for themselves and for their heirs, successors, and assigns, and Joel Merritt and Sherry Merritt, acting for themselves and for their heirs, successors, and assigns, desire to cancel the Easement Agreement and abandon the easement that was created by the Easement Agreement. NOW, THEREFORE, the parties, for themselves and theirs heirs, successors and assigns, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, and the mutual promises and agreements contained herein, hereby agree as follows: 1. The Easement Agreement is hereby cancelled, is hereby declared null and void, and is of no further force or effect. 2. The easement created in the Easement Agreement is hereby abandoned, and is of no further force or effect. WITNESS our hands this 2nd day of May, 2005. LAURA AULLMAN X~L MERRITT AGREEMENT TO CANCEL EASEMENT AGREEMENT AND ABANDON EASEMENT AULLMAN / MERRITT PAGE 2 OF 3 0049'2 STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNOWLEDGED before me AULLMAN this 2nd day of May, 2005. WITNESS my hand and official seal. My Commission expires: O'S/lb~07 by ROBERT E. AULLMAN and LAURA STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNOWLEDGED before me by and JOEL MERRITT and SHERRY MERRITT this 2nd day of May, 2005. WITNESS my hand and official seal. My Commission expires: 0'~ [}t,/o"7 I~OTAR~ PUBLIC AGREEMENT TO CANCEL EASEMENT AGREEMENT AND ABANDON EASEMENT AULLMAN / MERRITT PAGE 3 OF 3