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EASEMENT AGREEMENT
Agreement made, effective as of November 18, 9004, by and between LAVALL E.
HIRSCHI and NITA C. HIRSCHI, trustees of the LAVALL E. HIRSCHI FAMILY
REVOCABLE TRUST, DATED OCTOBER l, 199~, of 89467 us Highway 89, Grover,
Lincoln County, Wyoming, GRANTORS, and SAM VANSICKLE, of P.O. Box ~56
Accident, Maryland, GRANTEE.
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:
(~) LAVALL E. HIRSCHI and NITA C. HIRSCHI, trustees of the LAVALL E.
HIRSCHI FAMILY REVOCABLE TRUST, DATED OCTOBER ~, 199~:
(BURDENED PROPERTY)
~ "Exhibit A" that property as described in the deed recorded
m~ in Book 3o5 PR, Page 649 of the Official Records of the
rr Lincoln County Clerk in and for the County of Lincoln, State
of Wyoming, attached hereto, being incorporated by
reference as if fully set forth herein.
(2) SAM VANSICKLE, Grantee.
(BENEFITI'ED PROPERTY)
"Exhibit B" that property as described in the deed recorded
in Book 552, Page 389 of the Official Records of the Lincoln
County Clerk in and for the County of Lincoln, State of
Wyoming, attached hereto, being incorporated by reference
as if fully set forth herein.
B. The herein identified parties desire to create a non-exclusive easement for
ingress, egress and underground utilities between the above-described adjoining
property, for the benefit of the property described in paragraph A(2).
Bowers & Associates Law Offices PC
Post Office Box ~55o
Afton, Wyomin9 83110
307-885-2266
Easement Page ~ of 6
00, 69
DECLARATION OF EASEMENT
The parties agree as follows:
The undersigned parties, their heirs, successors, and assigns, hereby grant and
convey a perpetual non-exclusive 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(x), the perpetual non- exclusive easement being more
particularly described as follows:
The easement described in "Exhibit C"
attached hereto and made part of by reference and
incorporation as if fully set forth herein by reference and
incorporation, the easement being described follows the existing
roadway over the burdened property
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.
USE OF EASEMENT
All parties shall have reasonable 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 and subject to the terms and
limitations of this document.
Bowers &Associates Lato Offices PC
Post Office Box 155o
Afion, Wgoming 8311o
3o7-885-2266
Easement Page 2 of 6
EASEMENT TO RUN WITH LAND
-00370
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 agree 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.
REPAIR AND MAINTENANCE OF EASEMENT
The easement premises shall be used as a roadway for vehicular traffic and
underground utilities, the easement shall be properly maintained by the grantee, in
good condition for this purpose. When repairs and/or maintenance are necessary
the grantee shall give reasonable notice to the grantor and may undertake such
repairs or maintenance anywhere on the easement premises. Provided, that the
repairs and/or maintenance shall not interfere, encroach or damage the adjacent
land of the grantor. Capital improvements (such as asphalting) to the easement
premises may be undertaken upon approval of the grantor, however, the grantor
shall have no responsibility or obligation to pay for any maintenance, improvements
or capital improvements unless agreed on, in writing, by the grantor.
The grantee will exercise reasonable care in the use of the easement premises so
as not to cause more than normal wear and tear on the drive or other easement
improvements. Any damage to the easement premises caused the grantee shall
promptly be repaired by the grantee at his or her sole expense. If the grantee fails to
repair any damage to the easement premises caused by him or her or his or her
guests or invitees within 30 days of receipt of written request from the grantor, the
grantor may make the repairs and the cost of doing so will be the sole responsibility
of the grantee. The grantee shall pay to the grantor his or her costs incurred for the
repairs within 30 days from the date of the repairs. The cost of repairs made by the
Bowers &Associates Law Offices PC
Post Office Box 155o
Afton, Wyornin9 83:t~o
307-885-2266 Easement Page 3 of 6
,- 0037i
grantor, being the responsibility of the grantee, shall accrue interest in the amount of
21% per annum until paid in full. In addition the costs of the repairs, the grantee
shall be responsible for all reasonable attorney fees incurred by the grantor in
enforcing and/or collecting the costs of the repairs.
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.
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.
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 and Grantee, hereby waive and
release all rights to the described easement under and by virtue of the homestead
Bowers & Associates Law Offices PC
Post Office Box 155o
Afton, W!]oming 85~o
3o7-885-2266 Easement Page 4 of 6
00372
QUITCLAIM I:)EEU ~- '~'h'~-~S,~,O.,.~lZ,~ c, w'~'' ~;
~OW A~ MEN BY THESE PRESETS, That LaVal[ E. HirSchl and Ni~ ~
Hlrschi, of AEon, Lincoln ~un~, Wyoming, r~e~ed to as husband ~d wife,
respectively, in consideration of ~e t~ created herein ~nd for the other ~ven~m
contorted herein convey ~nd quAcl~m un~o LaVall E. Hlrschl and Nlta C. Hirschl
andtheir sure.m, Tmoe~, for the u~ ~ pu~s ~t fo~h in the~
F~ily Revocable T~st be~een Gr~tor ~d Tmon, dat~ the 1~ day of ~tober, 1991,
~V~I E Hir~hi ~d Ni~ C. Hir~hi, benefici~es, ~1 such right, t~e, lnter~ pmpe~,
po~e~ion, claim ~d domed as they have or ought to have, in or to ~1 the following
d~r~ promises, in the Coun~ of Lin~ln, ~ate of ~oming, t~wit:
(2)
Uncoln County_ Ranch: A tract of land located in Uncotn County, Wyqming:
Township 28 North of Range 119 West: of the Sixth Principal Meridian,
Wyoming:
Section 20: N1/2SE1/4, N1/2SW1/4.
EXCEPTING THEREFROM, approximately 10 acres embraced in State Highway
'which leaves appmxim~ely 150 acres.
IN WITNESS WHEREOF, LaVall E. Hlrschl and Nlta O. HlrSChl, husband and wife,
have hereunto set their hands the day and year first above written,
1 E Hirschi
090M738
00373
898 05
" as9
· '.
,LINCOLN COUNTY OLERK
Oq
a limited liability comp~my organized and e~ ~der and' by vi~ ~f d~ laws of
· e Sm~ of I~o, ~ G~TOR ~
S~L ~ V~SIC~E,
That th~ gi",~.or, for aM in co~idcrarion of thn sum of T: Dolt~ ($!0.00) 'and o~
and v~u~blc ~afion m b.~a .p~d, ~c r:ipt w~re6f ~ hereby ac~owl~gcd, docs, by
~ ~ct, Io[, pi~, ~ p~l of 1~ Sima~ ~ ~c Cou~ of L~ln, Stste of WyOming,
' ~, d~b~ ~. fo~ows t~wit:
' TZBN RI~W of ~e 6th.P.'M., ~coln C~,
S~cfion 6: ~ l, 2, 3 ~d 4, W~ASW~, S~ ~d E~SW~A;
~gN R1DW of ~e 6~ P~., Li~oln' Co~ty, Wyo~ng
Se~n31:. S~AsEiA.
IN wrI'NF~$ WHE, R.EOF,"the ~ramor has ctu.~l thes~ presents to lz signed by its duly
a/ithorize, d officer, tl~ da), and year ~ above'written.
O~qEy. A CAT?LE & LAND, LLC
Mamging Partner
0:90 S73
00374
LEGAL DESCRItri'ION FOR ING~SS/EGRESS F_ASE~
THRU LAVA!.I. & NITA HIRSCHI
Berg at a point, being tae centernne Or an eyasung curt lpauw~y, .,dch is 80 feet
S0°20'E along the section line from the West 1/4 Comer to Section 20, T28N, R119W, 6~
P. rincipal Meridian, Lincoln County, Wyoming~ and following a 30 foot fight-of-way on an
existing dirt road thru the following 12 courses to U.S. Hwy 89, thence SBT~S'40"E SO
feet; thence S46°38'2S~'E 100. feet; thence S38°37'34'~E S0 feet; thence S27%4'38"E SO
feet; thence SlI%9~09".E 100 feet; thence S06°!3'25"E SO feet; thence S17°10'39"E 50
feet; thence S27°11'30"E !4S feet; thence S71°'44'39'~Ar 1S0 feet; thence S70°43'40'%V S0
feet; thence SS3°_SB'00Wg SOfeet; thence S12°18'S8'~Ar S0 feet tO U.S. Hwy 89.
(Approximately 900 feet)
exemption laws of the state of Wyoming.
of
00375
PARAGRAPH HEADINGS
The titles to the paragraphs of this agreement are solely for the convenience
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.
DATED this dali of Mali, 2005.
GRANTORS:
LA VALLE. HIRSCHI FAMILY REVOCABLE TRUST,
DATED 24 FEBRUARY, 2ooI.
LA!fALL E. HIRSCHI, Trustee of the
LA VALLE. HIRSCHI FAMILY REVOCABLE TRUST
DATED OCTOBER 1, ~991.
NITA C. HIRSCHI, Trustee of the
LA VALLE. HIRSCHI FAMILY REVOCABLE TRUST
DATED OCTOBER 1, 1991.
GRANTEE:
SAM VANSICKLE
Bowers &Associates Law Offices PC
Post Office Box 155o
Afton, Wyoming 8311o
3o7-885-2266
Easement Page 5 of 6
,. 00376
STATE OF WYOMING )
) ss.
CO VWrV OF LINCOLN
SUBSCRIBED AND SWORN to me this(¢~JJq day of May, 2005, by LA VALL
E. HIRSCHI AND NITA C. HIRSCHI, who appeared before me and were personally
known to me, who being dul!] sworn and upon oath represented that they were the
TRUSTEES of the LA VALLE. HIRSCHI FAMILY REVOCABLE TRUST, DATED
OCTOBER l, ~999, and that the instrument was signed on behalf of the Trust b~l the
authority of the Trustees, and that they executed the instrument on behalf of the
LA VALLE. HIRSCHI FAMILY REVOCABLE TRUST, DATED OCTOBER ~, ~ 999, to
be the free act and deed of the Trust.
WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF m~c,.lk,~4 )
) SS.
COUNT~ OF ¢.~rre4¥ )
The foregoing instrument was acknowledged to before me by SAM
VANSICKLE, Grantee this ~ day of May, 2oo5.
WITNESS my hand and official seal.
, ,,-' ,).. .......... .% -,,
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My commission expires:
NOTARY PUBLIC
Bowers &Associates Law Offices PC
Post Office Box ]550
Afion, Wyoming 831]o
307-885-2266
Easement Page 6 of 6