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Home My WebLink About908537 0650 EASEMENT AGREEMENT A§reement made, effective as of May, 1_3 , 2005, by and between ,JERRY NELSON AND JULEEN NELSON, husband and wife; and RANDY NELSON and DARLA NELSON, husband and wife; of Grover, County of Lincoln, State of Wyoming, GRANTORS; and SHAWN NELSON and MARISOL NELSON of Grover, County of Lincoln, State of 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: (1) JERRY NELSON and JULEEN NELSON, husband and wife; and RANDY NELSON and DARLA NELSON, husband and wife; (BURDENED PROPERTY) Tract B, being approximately 9.33 acres, as shown on the "EILEEN HYDE PLAT OF FAMILY EXEMPT TRACTS WITHIN THE N½NW¼ SECTION 7 T32N R118W LINCOLN COUNTY, WYOMING", dated 26 May, 2004; prepared by SURVEYOR SCHERBEL, LTD., recorded in the official records of the Lincoln County Clerk for and in the County of Lincoln, State of Wyoming. (2) SHAWN NELSON and MARISOL NELSON, husband and wife;~ (BENEFITTED PROPERTY) Tract A, being approximately 9.22 acres, as shown on the "EILEEN HYDE PLAT OF FAMILY EXEMPT TRACTS WITHIN THE N½NW¼ SECTION 7 T32N R118W LINCOLN COUNTY, WYOMING", dated 26 May, 2004; prepared by SURVEYOR SCHERBEL, LTD., 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 P.O. Box 1550 Afion, Wyoming 83110 307-885-0640 Page ] of 6 RECEIVED 5/19/2005 at 10:54 AM RECEIVING # 908537 BOOK: 585 PAGE: 650 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0065.t 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 non-exclusive easement being more particularly described as follows: That property line within the N¼NW¼ SECTION 7 T32N R118W LINCOLN COUNTY, WYOMING, beginning at the center of US Highway 89 thence in an Eastern direction 1299.8 feet, said easement being 33.19 feet in width, being more fully described and shown on attached Exhibit A, a portion of the EILEEN HYDE PLAT OF FAMILY EXEMPT TRACTS, said Exhibit A being made part of this document by reference and incorporation as if fully set forth herein. 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. Bowers & Associates Law Offices, PC P.O. Box 1550 Afion, Wyoming 83110 307-885-0640 Page 2 of 6 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 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 agreement shall not be binding upon either party except to the extent incorporated in this agreement. Bowers & Associates Law Offices, PC P.O. Box 1550 Afton, Wyoming 83110 307-885-0640 Page 3 of 6 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. 0 0 6 5 o 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 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 shall 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 agreement has caused it to be executed on the date indicated below the provisions of this agreement. Bowers & Associates Law Offices, PC P.O. Box 1550 Afion, Wyoming 83110 307-885-0640 Page 4 of 6 DATED this 1_3 day of May, 2005. GRANTORS: SERt~ r NEZdON /dVLE~N N~LSO)¢ DARLA NELSON GRANTEES: SHA WN~NELSON MARISO~ NELSON STATE OF WYOMING CO UNTY OF LINCOLN ) ) ss. ) The foregoing instrument was acknowledged before me by JERRY NELSON and JULEEN NELSON, husband andwife, this / 3~* day of May, 2005. WITNESS my hand and official seal. My commission expires: ]{-.) - ~- 7 ' ~90 7 Bowers & Associates Law Offices, PC P.O. Box 1550 Afion, Wyoming 83110 307-885-0640 Page 5 of 6 00655 STATE OF WYOMING COUNTY OF LINCOLN ) )SS. The foregoing instrument was acknowledged before me by RANDY NELSON and DAR_LA NELSON, husband and wife, this ]3~ day of May, 2005. WITNESS my hand and official seal. My commission expires: I,.!iGhAFL h. GA,~.,iE7 -'- 'u"',s,', 76~1C l¢~pires December 1,2003 STATE OF WYOMING COUNTY OF LINCOLN ) )ss. ) The foregoing instrument was acknowledged before me by SHA WN NELSON and MARISOL NELSON, husband and wife, this /~ 4LO- day of May, 2005. WITNESS my hand and official seal. My commission expires: , STATE OF LINCOLN _~' WYOMING l,,,~~~r~ December t, 2003 Bowers & Associates Law Offices, PC P.O. Box 1550 Afion, Wyoming 83110 307-885-0640 Page 6 of 6 15.121S. 7I Corner of Beginning N§~ 597,7g' 649.58' Kay Iderrltt of Beginning Tract A Spike of Beginning Tra¢! ~ee! frem fhe corner of Secllan 7 ~ I S00'05'00'W 432.94 fee( from (he norlhwes( caner e! SecUan 7. --1 ,, r~ m 2.~B:~,,a,m ~'ileen Hyde 37~ PR 447 369 PR 429 597.74' 9.2~.Acres Tmct A I65 N8g'57'lS'E ~164.25' ~-~ ~Tl13'.~4' T S00'15'28'E / . el .J91.39' i well . Neboa Ho~ ~t qeleon House Tract* ~0 m~' % ~' .. 330.98' Nsg'33'O4'W 381.46' I-- South Tract .... ' .- ~. ~.~,~ ~1 ~ .... ~/4 s.~2J Luthi/Brog Tract ''Ig51 . N89~;SY37"W. 2028,2!; 1619.3Y South Tract 20.40-J: Acres $§9'5, ,5'27"E 2, ! 95,00' S89'4g'~4"E 2642.85' 00656 DE N1/2NW1/4 T32N EILEEN HYDE PLAT OF FAME. Y EXE~ TRACTS WITHIN THE N1/2NW1/4 SECTION 7 R118W T32N Y. LUTHI & & BROC see PR ?0 ($) ACCES$ , 3~8 P~ 70 ~ x ~ ~-- - ~ N89'21'34'W 2647.58' 663, 372 PR 447 369 PR 429 215 PR 35 9.33:~Acres Tract B 20 L Vonmz Vee Lutki and Jo(z, 368 PR 70 '366 (2142.47~ "t N1/16'to CN1/16 Eileen Hyde 372 PR 447 369 PR 215 PR 35 277 PR 36,1 X X X No.