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HomeMy WebLinkAbout90813000493 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is between ROBERT E. AULLMAN and LAURA AULLMAN aYk/a LAURA L. AULLMAN, husband and wife, GRANTORS, and JOEL MERRITT and SHERRY MERRITT, husband and wife, GRANTEES. WHEREAS, Grantors and Grantees have adjoining properties in Lincoln County, Wyoming, described, respectively, as follows: Property owned by Grantors Robert E. Aullman and Laura Aullman a/k/a Laura L. Aullman, is that property described in the Quitclaim Deeds that were recorded in the land records of Lincoln County, Wyoming on July 12, 1993, in Book 332PR at Pages 26 and 27 as Instrument No. 767818, and on January 20, 2005, in Book 577PR at Pages 454 and 455 as Receiving No. 905986, a copies of which are attached hereto and incorporated herein by reference, hereafter jointly referred to as "Tract A"; and Property owned by Grantees Joel Merritt and Sherry Merritr is that property described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on February 25, 2005, in Book 579PR at Page 750 as Receiving No. 906765, a copy of which is attached hereto and incorporated herein by reference, hereafter referred to as "Tract B"; and WHEREAS, Grantors and Grantees desire to create a nonexclusive right of way easement for ingress, egress, and the installation, operation maintenance, repair, and replacement of u.nderground utilities from Lazy Box J Ranch County Road 186 across a portion of the properties owned by Grantors for the nonexclusive benefit of the properties owned by Grantors and Grantees. NOW, THEREFORE, the parties, for themselves, and their heirs, successors, and assigns, agree as follows: 1. EASEMENT CREATED. Grantors hereby grant to Grantees a nonexclusive easement for ingress, egress, and the installation, operation, maintenance, repair, and replacement of underground utilities from Box Lazy J Ranch County Road 186 to, and in favor of the property owned by Grantees, referred to herein as Tract B, reserving unto their properties, referred to herein as Tract A, the same nonexclusive rights for ingress, egress, and the installation, operation, maintenance, repair, and replacement of underground utilities from Box Lazy J Ranch County Road 186, over that portion of the property owned by Grantors that is described in the document entitled "Description: 60 feet wide Easement" that is attached hereto and incorporated herein by reference, hereafter referred to as the "Easement Area". The Easement Area shall remain available for, and Grantors hereby reserve the right to, ingress, egress, and underground utilities across the Easement Area. RECEIVED 5/4/2005 at 9:39 AM RECEIVING # 908130 BOOK: 584 PAGE: 493 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ASEMENT AGREEMENT :AULLMAN / MERRITT PAGE 1 OF 3 ,OO494 2. CONSIDERATION. Grantors hereby acknowledge receipt of TEN DOLLARS ($10.00) and other valuable consideration, in hand paid, for the right of way easement granted herein. 3. EASEMENT NOT TO BE OBSTRUCTED. Except for temporary obstructions required for the purposes of maintaining and improving the Easement Area, and installing and maintaining underground utilities therein, the Easement Area shall not be obstructed in any manner that would impede free ingress and egress; provided, however, that nothing herein shall be deemed to preclude Grantors from temporarily impeding ingress and egress within the Easement Area for the occasional herding of livestock on Grantors' properties. 4. IMPROVEMENTS. Any improvements made within the Easement Area shall be at the sole expense of the person making the improvements unless otherwise agreed to in writing, except that Grantees shall, at their sole expense, construct and maintain on Tract B immediately adjacent to the Easement Area where it abuts Tract B, a cattle guard, and shall also construct and thereafter, maintain on the boundary between Tract B and the Easement Area, for so long as Grantors desire for them to do so, a gate that shall be available for Grantors' use when Grantors are herding livestock on Grantors' properties and wish to impede temporarily ingress and egress within the Easement Area for the purpose of herding livestock. 5. LIMITATION ON SUBDIVISION. The Easement Area shall not be used as access for more than five (5) single-family residential lots within Tract B, and the Easement Area shall not be connected, directly or indirectly in any manner whatsoever, to any road, public or private, adjacent to Tract B other than said Box Lazy J Ranch County Road 186. 6. ASSUMPTION OF RISK AND LIABILITY. Grantees shall assume all risks, and shall indemnify and hold Grantors harmless for damages to persons or vehicles arising from use of the Easement Area unless such damages are intentionally caused by Grantors or a third party, and shall be liable for any damages to Grantors' livestock that arise from use of the Easement Area by Grantees, or Grantee's employees, agents, guests, and invitees. 7. EASEMENT TO RUN WITH THE LAND. The right of way easement created herein shall run with the lands identified herein, and shall be binding on and shall inure to the benefit of the parties to this Easement Agreement, and their respective heirs, successors or assigns. 8. ENTIRE AGREEMENT. This Easement Agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Easement Agreement shall not be binding except to the extent incorporated in this Easement Agreement. IN WITNESS WHEREOF, Grantors and Grantees have caused this Easement Agreement to be executed on this 3rd day of May, 2005. EASEMENT AGREEMENT AULLMAN / MERRITT PAGE 2 OF 3 GRANTORS: 00495 LAURA AULLMAN aYk/a LAURA L. AULLMAN GRANTEES: STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNOWLEDGED before me by Robert E. Aullman and Laura Aullman a/k/a Laura L. Aullman on May 3, 2005. WITNESS my hand and official seal. My Commission expires: 0"////,/0'7 STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) ACKNOWLEDGED before me by Joel Merritt and Sherry Merritt on May 3, 2005. WITNESS my hand and official seal. My Commission expires: EASEMENT AGREEMENT AULLMAN / MERRITT PAGE 3 OF 3 ~6 0049',S QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS~ That DALE DAVID AULLMAN JR., and FAYELLEI,I M. AULLMAN, aka FAYE E. AULL_MAN~ hLl~b~l]d and grantor~, of Thayne~ Lincc, ln C~unty~ Wyoming in the ~LIm of Ten D°llars (S10.00), to them in hand paid by ROBERT E. AULLIdAN and LAURA AULLMAN,' aka LAURA L. AULLMAN husband and wife, grantees~ of Thayne~ Li.ncc, ln County~ Wyoming~ the receipt whereof i~ hereby confessed ~pd acknowledged, hav~ Femised, rml~a~md~ and forBvmr qiut~l~ime~ and by shese presents do for forever quitclaim unto. ~hm ma,~l ROBERT E. AULLMAN ~nd LAURA AULLMAN, husband and wife, as ~oint tenants with rights of possession, claim, and deman~ as ~hey have or c, ught to hav~ pr to all the fpllowing described prmmls~s 8~Qinning at the East Quarter corner c,¢ Section T 3q N, R 119 W~ 6th P.M., Wyoming, mhd running rods~ thence North 160 rods to, the place of beginning. Tc, gm~her with wa~er rights and impr~vmm~nt~ and assc, ci~tmd oil, gas, and mineral rights. EXCEPTING and RESERVING from the foregoing 'tr, m follo~ir, g described ,tract of land~ Starting a~ a point 512 feet Eaat ~nd 100 fee~ South fr~.m the East Quarter Corner of Sec'tion ~5~ T 3~+ N~ R 119 ~th P.M.~ Wyoming Qc, inQ East 363 fm~k~ therlce South feet, thence We~ 3~3 fe~ th~rlce Nc, rth 180 feet back to beginning place, consisting ~ c, ne acr~ more c,r 10 'H Subject to a 30 foot unobstructed Right-of-Way describeO as follows : Starting at the Eas~ Quar'b~r Corner of Sect~on RS~ T ~ N, R 119 w~ 6~h P.M., Wyc, m~n~ and running South~a~ along existing road to, a pc, iht ~.~AO 'Fme't east and ?0 feat South to connect with existing County rotd ~186. Also same Right-of-Way granted un'to Daniel D. Aullman 30 foot un[,~stru~md RIGHT-OF-WAY bmginnin9 a~ a point ~68 feet Ea~ and 67 feet Sou~h from NN corner of the SE quarter of Section 85 ale, rig existing fence line to, 101~ f~et East fY'om NW corner of %he SE quarter o'~ Section ~.hencm foli~,wing m~isting road Sc, uthmas~eFly up '~hm hill to a point 1~00 fee~ norSh of ~l~e SW corner of Section Hereby realeasing and waiving ~li rights under and by virtue of the homestead ~xemption l~ws of the state of Wyoming. TO HAVE AND TO HOLD the said premises unSo the said gran~ems or bp. half shall c,r w~].l hereafter cla.~m or demand any Y'ighl; oc title to the premises or any part therF~of~ but tlney and r~vevyc, ne o'F them sh~ll by these present~ be exclud~d and barfed foc~zver. IN WITNESs WFIEREt]F~ we have set our hands and seals th~s ............ d~v o.~ ._ ~._&~ ......... COUNI'Y f)F LIN~',OL.N: The 'Fore:gOing ClU~tclaim deed was acknowledged before me by Dale D~v~d Aullman .)r, and Feb 11 OS 08:09a LlowdB 883-~194 ( .o45, i .00493 QUIT CLAIM DEED EARL Wo KINSLOW grantor of ~J~6 SILVER SPRINGL~CN~unty of LINCOLN State of Wyoming, hereby QUIT CLAIM to ' Robert E. Aullman and Laura Aullman, husband and wife ~rantee's of Thayn~, Wyoming. for USe sum of $10.00 and other valuable consideration the following described tract of land in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemp- tion laws of the State, to-wit: ATTACHED HEREIN AND MARKED AS EXHIBIT "C" Subject to all right-of-ways, reservations and easements of record. ~ RECEIVED 1/20/20~)'~ aii 1 ~,~4 AM "' RECEIVING# 905986 BOOK: 577 PAGE: 454 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WITNESS, the hand of said grantor , this day of A, D. 19 STATE OF County of On the A. D. 195~} 'per*onally appeared befoge me the signer of the within instrument who du Y l acknowledged to me that he .executed the same, as their free act a.nd deed.,, / ....~:~ '<,, ,,~-~ .... ' /'/ -- :.. ~. Lincoln ~ ~omlng r RECORDING DATA ]~.nd ~tle'Ompany Feb 11 05 08: lOa Llo~dB 883-4194 ( ( .......... LLOYD B. BAKER & AssOCIATES SURVEYORS & ENGINEERS Box 210, Thayne, Wyoming 83127 -384 N. Main St. Phone (307) 883 -2194 ~ Fax 307 883-2194 0049.-0 Friday, July 30, 1999 Exhibit C Description - South Quitclaim - 0.473 Acres A portion of the NEI/4 of Section 25, T34N, R119W, 6th P.M., located Southeast of the 'gown of Thayne, Lincoln County, Wyoming, more particularly described as tbllows: BEGINNING at the B.L.M. type Monument found marking the CI/4 of said Section 25; thence S89°41'58"E, along an existing East-West fence, 1,073.76 feet to an 'Iron Pipe found marking the Southwest corner of the Soest Property; thence S81°19'12"E, along the South line of said Soest Property, 263.36 feet to an Iron Pipe found marking the CE1/I 6 of said Section 25; thence N88°03'07"W, along the South line of said NE1/4, 1334.87 feet, to the Point of Beginning, containing 0.473 Acres of land. SUBJECT TO: A 30 feet wide Right-of-Way Easement of record, as recorded w/th the Office of County Clerk of Lincoln County, Wyoming in Book ..... on Page ...... recorded ~1999. MAY-02-2005 0g:58 SOUTHWEST T!TLE CO 30? 8?? 9602 Po01 00500 KNOWN A!,.L I'4~N T'ItE.gE PR~EH'I~, 31mt SI.I~._RiI. Y ME.RltlI'r, A M~rtlcd PgIaoll , 0750 D Of/ho COunly of Lincoln. gale of Wyomin8, Gmtor, in comidcratinn of mn and ~/lffi's Dollira ($10.ffi) ~d ~her I~ ~ val~bl= ~midc~don. ~by ~nv~, ~, remi~, a~ r~, ~nvcy~, ~ forever war~med and a~ Sherq M~ria, husba~ n~ wife, G~mee, w~ ~ is ~st Offi~ Box 651, Thay~, Wy~in~ 8312~ tM following A portion or ~hc ~ of S~[on ~, ~4N RIIgW of Ibc 6' P.M., ~oln County, Wyo~n~, ~rc p~tc~arly dc~i~d u follows: Bcgi~ng ~ ~ B-L.M. t~ Mo~ ~u~ ~rk~ ~ C ~ of saM ff~llon ~; t~ N 00~'46' ~. IlO~ Ig War lira of uld ~ ~, 1818.07 fret ia an Iran Pi~ set; t~ g 84e~'44' E, la ~ mugMy ~ong ~ ~bdng ~t-W~[ fc~ L~, ~8.85 r~[ to ~n k~ Pi~ fo~ ~r~g a mr~ ar ~ ~t ~ay; t~c S 2e30'50" E, rms~y ~long an c~st~ North-S~th &~ 1~, l~9~t f~ m ~nlrnn Pi~ foq~ matinI thc Southwcsl cor~r or.id Sms~ pro~. i[ an ~sdng f~ cor~; th~* N. 89~41'58' W, Her~y relmsing a~ waivi~ all rJg~ u~r a~ by vi~ at t~ ~m~ad ~mpdon 11~$ ut ~ Sl~tc of Wyoming. ~is m~v~a~= s~ll i~ude ~y i~ dl a~u~e~, t~, ~r~itamcn~, rcvcrsiom, roma ~c~. ~sem~u righu-of- way a~ warcr ri~h~s in anywi~ ap~mi~ng m ~ pm~ ~rcin dc~rlb~. ' T~ G~mr cnvem~ to ~ Gra~ ~t Gta~'~ tM ow~r in f~ ~impW or.id premiss; that &~ premiss ~c from all c~um~, ~ccp~g l~sg ~s ~y ~ ~in ~ f~, ~ c~lng l~ of r~rd, ~ ~( Gra~or wiU warr~t IN WIT.S W~OF, ~ Orm~ ~ ~t~ this im~m~ on I~ ~day of F~bruaq ~p~r~d ~her~ Merrit[, ~wn or idemifi~d lo ~ m ~ ~ ~on w~se m~~~ ~c wilhia immmen, and ~ Public for Wyoml~ // ~ ~ - 0 ~ WARRANTY DEED - 1 ] RECEJVE~' ~2~2005 at 2:27 P DOCUMENT I.C.1 011702 1530 ~,.. RECEIVING a ~06765 8OO~ 679 PAGE: 750 ........... J~NE WAGNER LINCOLN COUN~:" "~ ....... Description: 60 feet wide Easement 00501 A portion of the Aullman property, as referred to in the Deeds recorded in Book 297PR, on Page 98, and in Book 577PR, on Page 454, with the Offibe of the Clerk of Lincoln County, Wyoming, located within the W1/2E1/2 of Section 25, T34N, R119W, of the 6th P.M., Lincoln County, Wyoming, the Center line being more particularly described as follows: BEGINNING at a Cotton Gin Spike marking a point in the Center line of Lazy Box J Ranch County Road 12-186, said Point of Beginning, being 413.97 feet S70°18'52"E from the B.L.M. type Monument marking the Paul N. Scherbel RLS 164, 1976 location for the Southwest Corner of the NE1/4 of said Section 25; thence N25° 49' 22"W for 114.73 feet to a Cotton Gin Spike marking the beginning of a 50.00 feet Radius Curve to the Right; thence Northwesterly, along said Curve to the Right, through a central angle of 40°21'26", an arc length of 35.22 feet, and a chord of N5°38'39"W 34.49 feet to a Cotton Gin Spike marking a point in the South line of the Merritt property, as referred to in the Deed recorded in Book 554PR, on Page 159, with said Office, said point being 336.41 feet S89°41'07"E, along said South line, from said Southwest Corner.