HomeMy WebLinkAbout908714EASEMENT
00271
Three Rivers Construction, Inc., a Wyoming corporation, of PO Box 3258, Alpine, WY
83128,
grantor,
for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid,
receipt of which is acknowledged, grants and conveys to
James A. Sandner and Linda L. Sandner, Trustees of the James A. Sandner and Linda L.
Sandner Revocable Trust dated May 11, 1994, of PO Box 3048, Alpine, WY 83128,
grantees,
the following described perpetual right-of-way easement for the following purposes:
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1. Purpose of Easement. This 'easement is for the' purpose of providing a perpetual
non-exclusive 10,-foot-. wide. --rght.of-way~ , , easement for ingress and egress and all underground
utilities to the property, described in paragraph 3 from Wyoming, State Highway No. 26, including
the right to conStru~;[' and maintain a 'roadway to proVide that ingress and egress and for all
underground utilities, and including the right to inspect the easement.
2. Conditions of this Easement. The conditions of this easement are:
a. It is a common easement for the mutual benefit of Grantor and
Grantees and their respective lands.
b. Grantees, their successors in interest and assigns, hereby waive any
and all claims that they may have at the present or in the future against the Grantor
related to Grantees' use, 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 i'ndemnify and hold GrantOr harmless fOr any damage,
whether property or personal, t0.a, ny third par~y' whom Grantees all.0w to use the
RECEIVED 5/26/2005 at 10:31 AM
RECEIVING# 908714
BOOK: 586 PAGE: 271
JEANNEWAGNEF ~ · .
LINCOLN COUNTY CLERK, KEMM~R~I~, WY
herein described easement. This indemnification and hold harmless includes the
expenses of reasonable attorney fees, court costs, and any damages assessed
against Grantor because of the use or maintenance of the easement or any
reasonably related matter to the easement.
c. The party, either Grantor or Grantees, desiring to have a road or
utilities on the described easement to benefit their respective land, is responsible for
any and all costs of construction and subsequent operation and maintenance of
such road or utilities. The other party would have reSponsibility for costs of
construction or maintenance of such road or utilities only if the other party uses such
road for access to or the utilities for that party's property. In that case, each party
agrees to pay their reasonable and fair share of such construction and subsequent
operation and maintenance annually or at such other times as they agree. In
determining their respective reasonable and fair shares, consideration shall be given
to the amount and nature of the use made of the road and the amount and nature of
damage to the road resulting from that use or from the installation and maintenance
of utilities. If either of them fails to pay their reasonable and fair share, the parties
shall submit the issue to a mediator selected by their mutual agreement. If the
parties cannot agree on a mediator or if mediation fails to resolve the issue, then
one or more of the parties may bring legal action pursuant to this Easement to
compel such payment. In any such legal action, the prevailing party may recover
their reasonable attorney fees and costs in addition to any other relief granted.
3. Property Benefited by Easement. This easement is for the benefit of the following
described real property of the grantees in Lincoln County, Wyoming:
The W112SE1/4NW114 of Section 20, T37N, R118W of the 6th P.M., Lincoln
County, Wyoming.
LESS and EXCEPT the land contained in Warranty Deed recorded April 20, 1996, in
Book 382 PR, page 609 of Lincoln County public records.
TOGETHER WITH the right of access as provided for in instrument recorded June
14, 1994, in Book 352 PR, page 369 of the records of Lincoln County Clerk.
4. Description of Easement. The easement is described as follows:
The North 10 feet of the SWI/4NWI/4 of Section 20, T37N, R118W, Lincoln
County, Wyoming, lying East of State Highway No. 26.
,-00273
STATE OF WYOMING
COUNTY OF LiNCCLN
On this ~''7 day of /4/~,~?, , 2005, before me personal!y appeared Do:o:hy
Reinhar':, '?.o me ;3ersonally known, who, being by me dui), sworn, did say that she is the ?resident
cf -;-hree R;vers Construction, :nc., a WYcmin9 corporation, described in and which executed ';he
fo*egoP, g ins*.-ument; that said !nstrumen'[ was.s".gned in behalf of said corporation by authority of
its Dosrd of Directcrs; and said Dorothy Reinhart acknowledged said instrument to be the free act
and deed of said corporation·
Given - r,~l. seal
DIANA IVERRIT- NOIAR¥ PUBli
Lincoln
My commission expires:
the day and year first above written in this certificate.
NOTARY PUBLIC
STATE OF WYOMING
COUNTY OF LINCOLN
SS.
On this o~.z//¢-~ day of //]4~ , 2005, before me personally appeared James A.
!
Sandner and Linda L. Sandner to me personally known, who, being by me duly sworn and put upon
their oaths, did say that they are the trustees of the James A. Sandner and Linda L. Sandner
Revocable Trust dated May 11, 1994, described in and which executed the foregoing instrument;
that said instrument was signed and sealed on behalf of said trust; that said trustees had the
authority under the terms of the written trust instrument to execute the instrument on behalf of the
trust; and saiU trustees acknowledged said instrument to be the free act and deed of sa¢d trust.
Given under my hand and notarial seal the day and year first above written in this certificate.
County ol ~ State of
LJr~.,~ln ~' Wyoming
~ Cornmiss~on Exoires May 2 2007
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My cemmissJon expires:
NOTARY PUBLIC
00274
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.
6. Waiver of Homestead Rights. The grantor 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.
IN WITNESS WHEREOF, we have hereunto set our hands as of the /-f
,2oos.
day of
Three Rivers Construction, Inc.,
By
Dorothy Reinl'~'rt, President
Attest:
Secretary
James A. Sandner and Linda L. Sandner
Revocable Trust dated May 11, 1994, by
James A. Sa,~er, -
Linda L. Sandner, Trustee