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Home My WebLink About910064 RECEIVED 7/18/2005 at 4:00 PM RECEIVING # 910064 BOOK: 591 PAGE: 394 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WARRANTY DEED MACK B. BALLS AND DEON N. BALLS, TRUSTEES OF THE MACK B. BALLS FAMILY REVOCABLE TRUST dated April 24, 1992 grantors of Lincoln County, State of Wyoming, for consideration of Ten and 00/100's ($10.00) and as part of a tax deferred exchange under IRSC 1031 and other good and valuable consideration in hand, receipt whereof is hereby acknowledged CONVEY AND WARRANT TO FIVE "T" CORPORATION as intermediary for EDWARD C. ENGLAND AND JoANN E. ENGLAND grantees, whose address is 5730 W. 950 N., Ogden, UT 84404 the following described real estate, situate in Lincoln County and state of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the state to wit: That part of Section 23, T31N Rll9W of the 6th P.M., Lincoln County, Wyoming described on Exhibit A prepared by Marlowe A. Scherbel labeled "Mack B. Balls Family Revocable Trust dated 24 April, 1992, Mack Balls Tract-Revised" dated 8 July, 2005- Revised. RESERVNG UNTO GRANTOR the rights of ingress, egress and utilities described on said Exhibit A. SUBJECT, however, to all reservations, restrictions, protective covenants, exceptions, easements and rights-of-way of record, in sight, or in use. WITNESS our hands this day of July, 2005. Mack B. Balls, Trustee Deon N. Balls, Trustee State of Wyoming County of Lincoln The forego.ing instrument was acknowledged before me by Mack B. Balls and Deon N. Balls this //~4_._ day of July, 2005. Witness my hand and official seal.('J~/ff"~//' ~ 2~ Notary' Pubhc My Commission Expires: ~'~ Sahl3~Ol't~0f ~dS~C Professional Land Surveyors Paul N, Scherbel Wyo. Registration No. 164 Utah Reglstralion No. 1670 Idaho Registration No. 3990 Nevada Regislralion No. 6805 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Regislralion No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbel, LTD, Alton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, idaho Montpelier, idaho DESCRIPTION FOR MACK B. BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992 MACK BALLS TRACT - REVISED -00395 To-wit: - - That part of the E½SW¼ and that part of the SE¼ of Section 23, T31N R119W, Lincoln County, Wyoming, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 310 of Photostatic Records on page 377 and in Book 497 of Photostatic Records on page 346, described as follows: BEGINNING at the southeast comer of said SE¼; thence S89°-42'- 14"W, 1609.19 feet, along the south line of said SE¼, to a position on the approximate centerline of the Salt River Canal (East); thence coursing said approximate centerline; N09°-50'_49"W, N12°-21'-41"W, N03°-34'-2 I"W, N12°-26'.03"W, N10°-08'_25"W, N12°-18'_51"W, N10°-02'_50"W, 193.63 feet, to a position; 300.68 feet, to a position; 71.72 feet, to a position; 127.48 feet, to a position; 318.53 feet, to a position; 101.53 feet, to a position; 151.37 feet, to a position, and leave said approximate centerline; thence N89°-43'-48"W, 109.57 feet, to a point; the o , ,, nce N49 -24 -59 W, 112.16 feet, to a point; thence S89°-04'-13"W, 720.35 feet, to a point; thence N60°-32'-41"W, 18.66 feet, to the northeast point of that tract of record in said Office in Book 450 of Photostatic Records on page 675 on the south tine of said NE¼SW¼; thence S89°-34'-25"W, 513.14 feet, along said south line, to a point on the easterly right- of-way line of Bitter Creek Road No. 12-140; thenCe continuing S89°-34'-25"W, 30.24 feet to a spike on the centerline of said Bitter Creek County Road No. 12-140; thence N07°-39'-41"W, 60.48 feet, along said centerline, to a spike; thenceN89°-34'-25''E, 30.24 feet, along a line parallel with the south line of said NE¼SW¼, to a point on said easterly fight-of-way line; thence continuing N89° ' " -34 -25 E, 536.77 feet, to a point; thence S60°-32'-41"E, 18.38 feet, to a point; thence N89°-04'-13"E, 726.79 feet, to a point; thenceS49° -24 '-59"E, 112.88 feet, to a point; thence S89°-43'-48"E, 76.63 feet, to a position on said approximate centerline of the Salt River Canal (East); "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors Paul N. Scherbel Wyo. Registralion No, 164 Ulah Registralion No. 1670 Idaho Registration No. 3990 Nevada Registralion No. 6805 Scotl A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Regislration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherber, LTD. Alton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR MACK B. BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992 MACK BALLS TRACT - REVISED · - 0039 thence coursing said approximate centerline: N10°-02'-50"W, 74.52 feet, to a position; N12°-07'-35"W, 310.62 feet, to a position; N10°-55'-16"W, 368.11 feet, to a position; N08°-25'-19"W, 164.35 feet, to a position on an existing fence line and leave said approximate centerline; thence N89°-23'-43"E, 2049.50 feet, along said fence line, to a point on the east line of said SE¼; thence S00°-37'-11"W, 891.08 feet, along said east line to the southeast comer of the NE¼SE¼ of said Section 23; thence continuing S00°-37'-11"W, 1325.86 feet, along said east line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 95.03 acres, more or less; Reserving unto the grantor, their heirs, successors and assigns a right of ingress, egress and utilities over, under and across a strip of land described in the attached description titled, "DESCRIPTION FOR MACK B. BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992 SIXTY (60) FOOT ACCESS AND UTILITY EASEMENT", dated 8 July 2005; the approximate centerline described above, rather than the actual centerline of the Salt River Canal (East), is the intended property boundary line; the BASE BEARING for this survey is the west line of the SW¼ of Section 23, T31N R119W, being N00°-03 '-49"E; SUBJECT to an easement for Bitter Creek County Road No. 12-140; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with approPriate details; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "position" is a calculated position referenced with one or two 5/8" x 24" steel reinforcing rod(s) with a 2" aluminum cap inscribed: "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "MACK B. BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992 PLAT OF TRACT WITHIN.~...~TH.~ SE¼ E½SW¼ SECTION 23 T31N Rll9W '~~-~'[~~//~ ~'1~~/~I¥,~~t~.. ober 2004, as revised. II'' November 2004 Modification i~~!;i~ ~"~ Z ription terminates liability ofth , :::~o~ DESCRIPTION FOR MACK B. BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992 SIXTY (60) FOOT ACCESS AND UTILITY EASEMENT -0 0 3 9 7 To-wit: - - PtolessJonal Land Surveyors Paul N. Scherbel Wyo. Regislralion No. 164 Utah Regislration No 1670 Idaho Regietralion No, 3990 Nevada Regislretion No 6805 Scoll A. Scherbel Wyo. Registralion No, 3889 idaho Registration No, 8026 Ulah Ragislralion No 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbel, LTD. A~lon, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hol Springs, Idaho Montpelier, Idaho A tract of land, within that part of the EY2SW¼ and that part of the WYzSE¼ of Section 23, T31N R119W, Lincoln County, Wyoming, described as follows: BEGINNING at the intersection of the centerline of Bitter Creek County Road No. 12-140 and the south line of the NE¼SW¼ of said Section 23, N ° ' " the southwest comer of said NE¼SW¼; 89 -34 -25 E, 678.47 feet, from thence N07°-39'_41"W, 60.48 feet, along said centerline, to a spike; thence N89°-34'~25',E, 30.24 feet, along a line parallel with and offset sixty (60) feet to the north of the south line of said NE¼SW¼, to a point on the easterly right-of-way line of said Bitter Creek County Road No. 12-140; thence continuing N ° ' " 89 -34 -25 E, 536.77 feet, to a point; thence S60°-32'_41"E, 18.38 feet, to a point; thence N89°-04'_13"E, 726.79 feet, to a point; thence S49° ' " -24 -59 E, 112.88 feet, to a point; thence S89°-43'_48,,E, 76.63 feet, to a position on the approximate centerline of the Salt River Canal (East); thence S10°-02'_05"E, 60.99 feet, along said centerline, to a position; thence N89°-43'_48"W, 109.57 feet, to a point; thence N49°_24'_59"W, 112.16 feet, to a point; thence S89°-04'_13"W, 720.35 feet, to a point; thence N60°-32'_41"W, 18.66 feet, to a point; thence S89°-34'_25"W, 513.14 feet, to a point on said easterly right-of-way line; thence continuing S89°_34'_25,,W, 30.24 feet, to the SPIKE OF BEGINNING: the BASE BEARING for this survey is the west line of the SW¼ of Section 23, T31N R119W, being N00°-03 '-49"E; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; "ModificatiOn in any way of the foregoing description terminates liability of the surveyor" DESCRIPTION FOR MACK B. BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992 SIXTY (60) FOOT ACCESS AND UTILITY EASEMENT PAGE TWO each "spike" and "intersection" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "position" is a calculated position referenced with one or two 5/8" x 24" steel reinforcing rod(s) with a 2" aluminum cap inscribed: "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "MACK B. BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992 PLAT OF TRACT WITHIN THE SE¼ EV2SW¼ SECTION 23 T31N Rll9W TY, WYOMING". d 4 October 2004, as revised. Professional Land Surveyors Paul N, Scherbef Wyo Regislralion No. 164 Ulah Regislralion No. 1670 idaho Regislralion No, 3990 Nevada Registration No. 6805 Scot1 A Scherbel Wyo. Regislration No. 3889 Idaho Regislralion No. 8026 Utah Registration No. 372111 MARLOWE A SCHERBEL Wyo. Regislration No. 5368 Surveyor Scherbel, LTD. Aflon, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hol Springs, Idaho Monlpelier, Idaho .: "Modification in any way of the !?.ii!i;:!iii!iiii: lg description terminates liability of ti. :yor"