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HomeMy WebLinkAbout911606AFFIDAVIT OF VACATION, COMBINATION, RELINQUISHMENT AND STATE OF WYOMING COUNTY OF LINCOLN 00500 ASSIGNMENT RECEIVED 9/7/2005 at 1:14 PM RECEIVING # 911606 BOOK: 596 PAGE: 800 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Comes now, James A. Sandner and Linda L. Sandner, individually, and as Trustees of the James A. Sandner and Linda L. Sandner Revocable Trust, dated 11 May 1994, whose address is P.O. Box 3274, Alpine, Wyoming 83128, who, being duly sworn on oath according to law, do hereby make the following statement of facts and affirm: That they are the owners of all of the lots (Lots 1, 2, 3, 4 and 5) of the Palisade Pines, a minor subdivision of record in the Office of the Clerk of Lincoln County as Plat No. 253-B, and that adjoining tract of record in said Office in Book 547 of Photostatic Record on page 512; That the recorded plat of said Palisade Pines depicts a "60' PRIVATE ROAD EASEMENT" crossing Lot 5 of said Palisade Pines and said Tract in Book 547 and "RUTH ROAD", a forty (40) foot easement, which easements provide access to all of the lots of said Palisade Pines; 3. That they desire to vacate Lot 5 of said Palisade Pines in order to combine that resulting tract with said tract in Book 547; That they desire to vacate all of said "60' PRIVATE ROAD EASEMENT" and that part of said "RUTH ROAD" lying and being situate within said Lot 5 and to substitute other easements in place thereof in order to provide access to the remaining lots of said Palisade Pines; That said lot 5, said "60' PRIVATE ROAD EASEMENT" and that part of said "RUTH ROAD" lying and being situate within said Lot 5 are hereby vacated in accordance with Wyoming Statutes, 2005, as amended, Section 34-12-108; That the County Clerk is hereby respectfully requested to write the word "vacated" across the face of the referenced plat for the vacated lot and easements in accordance with said Statutes, Section 34-12-110. 7. That said vacated Lot 5 is hereby combined with said tract in Book 547 and they constitute one and only one tract for all accounts and purposes; 8. That the combined tract will henceforth be known in the public records as described on Exhibit "A" attached herewith and made a part hereof; That the easement of record in Book 586 of Photostatic Record on page 271 and the reserved "... right of ingress, egress and utilities over, under and across the north fifty (50) feet ..[of said vacated Lot 5]", described on said 'EXHIBIT A" attached, are hereby assigned (affiants still reserving all rights) to the owners of Lots 1, 2, 3 and 4 of said Palisade Pines which, in combination with the existing thirtY (30) foot public easement for Jordan Canyon Road, provide a continuous easement of not less than forty (40) feet in width to said lots as required by the subdivision regulations in effect in the County of Lincoln at the time of the approval of said Palisade Pines; 10. That they hereby affirm that the vacating of said Lot 5 does not abridge or destroy any of the rights and privileges of other proprietors in said plat; and provide further, that nothing contained in this action shall authorize the closing or obstruction of any private highways or utility easements laid out according to law other than the easements specifically vacated above. FUTHER, your affiant sayeth naught. JAMES A. SANDNER AND LINDA L. DATED 11 MAY 1994 J~ s A. ~dner, Trustee . L~nda L. Sandner~ Trustee AFFIDAVIT OF VACATION, COMBINATION, RELINQUISHMENT AND ASSIGNMENT PAGE TWO OF TWO ':0080i The foregoing instrument was acknowledged before me by James A. Sandner and Linda L. Sandner, Trustees of the James A. Sandner and Linda L. Sandner Revocable Trust, dated 11 May 1994, this .~ day of '~e.~o~,," 2005. Witness my hand and offibial seal. My commission expires: £o~rS',/9.O9~-' 0ms A. San~z~f, Individually Linda L. Sandner,qndividually , The foregoing instrument was acknowledged before me by James A. Sandner and Linda L. Sandner this _~:~'/'/l day of~7'[q.4+~o~---- 2005. Witness my hand and official seal. My commission expires: Notar P~lic County Professional Land Surveyors Paul N, Schsrbel Wyo. Registration No, 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A, Scherbel Wyo. Registration No. 3889 Idaho Regist,,ation No. 8026 Utah Registration No, 372111 MARLOWE A. SCHERBEL Wyo, Registration No. 5368 Surveyor Scherbel, LTD, Big Piney, Wyoming · .Jacks,o,n; ~Wy?ming.. , DESCRIPTION FOR JAMES A. SANDNER AND LINDA L. SANDNER REVOCABLE TRUST, DATED 11 MAY 1994 SANDNER TRACT To-wit: That part of the S½NW¼ of Section 20, T37N R118W Lincoln County, Wyoming, being all of vacated Lot 5 of Palisade Pines, a minor subdivision of record in the Office of the Clerk of Lincoln County, Wyoming as Plat No. 253-B, and all of that tract of record in said Office in Book 547 of Photostatic Records on page 512, more particularly described as follows: BEGINNING at the northwest comer of the W½SE¼NW¼ of said Section 20, identical with the northwest comer of said Lot 5; thence N89°-56'-35"E, 252.65 feet, along the north line of said W½SE¼NW¼, to the northwest rebar of Lot 1 of said Palisade Pines; thence S06°-58'-50"E, 1018.45 feet, along the west line of said Lot 1 and Lots 2, 3 and 4 of said Palisade Pines, to the southwest point of said Lot 4, identical with the northwest point of that tract of record in said Office in Book 382 of Photostatic RecordS on page 609; thence S00°-02'-30"E, 307.93 feet, along the west line of said tract, to the southwest point thereof, on the south line of said W½SE¼NW¼; thence S89~-54'-14"W, 374 97 f%t, along said south line, to the southwest comer of said W½SE¼NW¼; thence S89°-55'-23"W, 170.96 feet, along the south line of the SW¼NW¼ of said Section 20, to a point on the northeasterly right-of-way line of U.S. Highway 26; thence N36°-56'-57"W, 713.53 feet, along said fight-of-way line, to the northwest surv- kap of said tract in Book 547; thence N89°-57'-21"E, 599.14 feet, along the north line of said tract, to a surv-kap on the west line of said W½SE¼NW¼; thence N00°-04'-22"W, 748.75 feet, along said west line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 14.98 acres, more or less; S'UB'J£CT to that sixty (60) /hot power line easement depicted on said Palisade Pines; SUBJECT to that right of ingress, egress and utilities of record in said Office in Book 382 of Photostatic Records on page 609 across the north thirty (30) feet of said W1/2SE1/4NW1/4; Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No, 3990 Nevada Registration No. 6805 Scott A. Scherbel Wyo, Registration No. 3889 Idaho Registration 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 JAMES A. SANDNER AND LINDA L. SANDNER REVOCABLE TRUST, DATED 11 MAY 1994 SANDNER TRACT PAGE TWO RESERVING unto the Grantor, lfis heirs, successors and assigns, the right of ingress, egress and utilities over, under and across the north fifty (50) feet of that part of the above- described tract lying and being situate within said W1/2SE1/4NWl/4 for the benefit of said Lots 1, 2, 3 and 4, said Tract in Book 382 and any adjacent land to which the Grantor desires to provide or extend such benefit; the BASE BEARING for this survey is the south line of said SW¼NW being S89°-55'- 23"W; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "rebar" marked by a 5/8" steel reinforcing rod with aluminum survey marker inscribed, "R. BYREM WY LS 5054", with appropriate details; 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" or "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS 5368", with appropriate details; each "surv-kap" marked by a steel reinforcing rod with a 1-1/4" aluminum cap inscribed, "WYO 3520"; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "JAMES A. SANDNER AND LINDA L. SANDNER REVOCABLE TRUST DATED 11 MAY 1994 PLAT OF BOUNDARY ADJUSTMENT WITHIN THE AugusA 20~Q5,S 1/2NWl/4 SECTIONas revised.20 T37~/ ~SW ~ LINCOLN COUNTY, WYOMING", dated 23 / , '--1°-I "Modification in any way of the f~;t description terminates liability of th~:!: i i!:ii pr"