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HomeMy WebLinkAbout920654 RECEIVED 7/27/2006 at 11 :38 AM RECEIVING # 920654 BOOK: 627 PAGE: 756 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DRAINAGE AGREEMENT ntìr;~56 ¡,,>!!,{ /\ ,r \.~ \. J_ ~.~~.~.~...~~...,_.__...__~_>.._.,._~_.__.~__,,_.~_ .._ ..;".:¡-,,;.,;o.;...........,.. '_'.",' - '. "'," :..-....þ,,,,.";::~-i.'-:".';¡...,;"\I' ,;.,<,.", ,""1~ "'1,,',. '.' ..'~'." ;~.' " ; -'-;'_': ¡;",:",\""", "~",, :"":'iL~;:·.· . . ,- '.L, '."~;'...' ....... THIS DRAINAGE AGREEMENT is entered into by and between T-COVÊNANT, INC., a Wyoming Corporation, P.O. Box 1010, Thayne, Wyoming 83127 ("T-Covenant"), and DONALD D. PRAZMA and KIM R. PRAZMA, Husband and Wife as Tenants by the Entireties, P.O. Box 1353, Thayne, Wyoming 83127 ("Prazma"). WHEREAS, T -Covenant owns the property in Thayne, Wyoming that is described in the Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming, on July -Z.!L, 2006, in Book {:. 27 PR at Pages ~ through / 'i 9 as Receiving No. c¡ 2 0 ~ 0 7 , a copy of which is attached hereto and incorporated herein by reference (the "T-Covenant Property"); and WHEREAS, Prazma owns the property in Thayne, Wyoming that is described in the Warranty Deed that was recorded on April 30, 2004, in Book 553 PR at Pages 896 and 897 as Instrument No. 898920, a copy of which is attached hereto and incorporated herein by reference (the "Prazma Property"); and WHEREAS, the T-Covenant Property and the Prazma Property are adjacent to each other; and WHEREAS, both properties have drainage that occasionally impacts the other property to a minor degree; and WHEREAS, by this Agreement, both T-Covenant and Prazma wish, for themselves and their heirs and/or successors and assigns, to acknowledge that such occasional and minor drainage is permitted on each of their properties. NOW, THEREFORE, for Ten Dollars ($10.00), and other good and valuable consideration, including but not limited to, the mutual promises made herein, T -Covenant and Prazma agree, for themselves, and their successors and/or heirs and assigns, as follows: I. That T -Covenant agrees that Prazma shall be allowed to permit the rain that falls on the Prazma Property and then naturally flows onto the T-Covenant Property to continue to drain in such manner without recourse from T-Covenant. 2. That T -Covenant agrees that Prazma shall be allowed to permit the snow that falls on the Prazma Property, to the extent that it is not otherwise plowed and removed from the Prazma Property, and then melts and naturally flows onto the T-Covenant Property to continue to drain in such manner without recourse from T-Covenant; provided, however, that Prazma shall not move snow in such fashion so that it artificially increases the amount of snow melt onto the T-Covenant Property. DRAINAGE AGREEMENT T-COVENANT, INC. / PRAZMA PAGE 1 OF 3 ~·'¡:·. t,.¡¡ Þ.~!t!·N ~::¡'¡f:;B':':"~f''';~ !:lU~~tt~ili:~~) ¡il;¡~¡m¡m~~: ~})~~mi*j "¡-"'·;"'"·ITto'.'1+.''-.''.:l'''''"''''·''.''-'';>.'J''''''<1i'''''·_L.t'~."'''"'' ~.,..._..." .. .'¡ . ,'.-~ ·I·'·--'+.·""'I~O:", . , - ''>' ...-,:;.:.."",.....¡t;>>õI. . f:-... ..~.o;:. ....".-,.,..' .':', . ·,0,' "~', -.. . + :,. '" '·':I:~¡...;I,.....:.,.,·,.,.,.', 092065tt rfìt1~57 ~; \.IV" 3. That T-Covenant agrees that Prazma shall be allowed periodically, as the reasonable need arises, to wash the pavement on the Prazma Property so as to keep it reasonably free from the accumulation of dirt, and shall be allowed to continue to let such water drain in such manner onto the T -Covenant Property without recourse from T -Covenant. 4. That Prazma agrees that T-Covenant shall be allowed to permit the rain that falls on T -Covenant's building's roof and then runs off onto the Prazma Property to continue to drain in such manner without recourse from Prazma. 5. That Prazma agrees that T-Covenant shall be allowed to permit the snow that accumulates on T-Covenant's building's roof and then melts, and runs off and/or slides off onto the Prazma Property to continue to drain in such manner without recourse from Prazma. 6. That the above-agreements are based upon past experience that has established that the cross-drainage onto the T -Covenant Property and onto the Prazma Property has not caused harm to either property or to the facilities erected thereon. IN WITNESS WHEREOF T-Covenant and Prazma have caused this Drainage Agreement to be executed on this 2o~ day of July, 2006. T-COVENANT, INC., a Wyoming Corporation BY: ' f*~ - SHA N TREFREN PRESIDENT DRAINAGE AGREEMENT T-COVENANT, INC. / PRAZMA PAGE ~ OF 3 ':.;;.. '~"'"'''~'''-'''''''~--'''~'_!';.''''''.'''-~~~~''''''''-''''''õ.!''':'~'' ,.""'.,..,....~.....:a""""-....,,,.~. ~. ." "'~'-"" ,-- ·..·.".·~·..~a.......~,""".-· -'. '.b." ··'C,,' 0;"'.'>\-:' ~~~,""'~4Uio\,__~".'! U;1"".f""'~·_"L· ;.ot........-....."...->.~,;'''~.,..."..... ·;",:··..·;·;··'~~.I.....'f"·:'f_. ,,......-,,.....- ...... ."., ,.....".. '-':-":.'.:':'-:1'" '. 'f.' 0920654 r .--. (1 ~., 5 8 tj i.,Ï, ( ~ STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNOWLEDGED on this œ day of July, 2006 by Sharen Trefren, who acknowledged further that she signed the foregoing instrument as President of T-Covenant, Inc., acting for and on behalf of said Corporation pursuant to authority provided to her by said Corporation's Board of Directors. WITNESS my hand and official seal. CHRISTINA K. ALLRED - NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY QQMMISSIQN ~XPIÂiìG Q4/30!200~ a~~. 02ß~ NOTAR PUBLIC My Commission expires: l{ - m-oq STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) ACKNOWLEDGED on this 2o~ day of July, 2006 by Donald D. Prazma and Kim R. Prazma. WITNESS my hand and official seal. M. KEVIN VOYLES - NOTARY PUBLIC County of IIl\ State of Lincoln .. Wyoming My Commission Expires July 18, 2007 My Commission expires: 07/1" /07 . ~J DRAINAGE AGREEMENT T-COVENANT, INC. / PRAZMA PAGE 3 OF 3 -' ~ .' .',. J , I ',' ~g~~i::::::: ·. "...............-.-......"., m0:;:::::::2:~ ::~: :!: ¡:;:::;*:~¡;:~~ .,..~-"""",."""",."''-'."'. ,. ,.,....,..............,........ .c·...",...·...,."".,,,.,,,·.,.".,""-'''-,,..........,,,......_,..._......:'-- .,.....~,,,......,,..~''''''''¡......,. ..."..... ,..., ''-l''. .j¡ 0 C C'" iii 09¡t'"" OdLf: 000197 (1:') U1'I ~'1 5 9 I".~! ¡ ( " a:: w 5 a:: ~ w " ~ :-: Q' a::~ ..... ~ W W - 0 .. Z ~ LC) W rn :aO<D:;{~ ON«>a:: 50')Q.>W \ W ......J ¡ =tI: Z U ~<D Z~ Z,,«I- ::) 5 N ~ S u w (Q 0 I> U ~ U 1_ W 0 Z . U a:: ) 0 ......J U (Q 0 ~ ~ ......J QUITCLAIM DEED KNOW ALL PERSONS BY THESE PRESENTS, that DONALD D, PRAZMA and KIMR. PRAZMA, Husband and Wife as Tenants by the Entireties, P.O. Box 1353, Thayne, Wyoming 83127, and HAROLD D. BARBER a/k/a DEAN BARBER and BEVERLY I. J, BARBER a/kIa BEVERLY BARBER, TRUSTEES of The 'Barber-Family Trust dated December 11,1993, as amended, c/o P.O. Box 421, Thayne, Wyoming 83127, GRANTORS, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, have hereby remised, released, and forever quitclaimed unto T-COVENANT, INC., a Wyoming Corporation, P.O. Box 1010, Thayne, Wyoming 83127, GRANTEE, and its successors and assigns forever, all such right, title, interest property, possession, claim, and demand as they may have or ought to have in and to all of the following described property, to wit: See Exhibit A, entitled "Description: T-Covenant Adjusted", attached hereto and incorporated herein by reference. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. ~ WITNESS our hands this 1!d-dJ day of July, 2006. ~RÁ7MA~ J/~<Hs~ HAROLD D. BARBER a/kIa DEAN BARBER, TRUSTEE of The Barber Family Trust dated December 11, 1993 d"~/1 /~ lI.ðQA~ BEVERL Y I. . BÁ ER a/kIa BEVERLY BARBER, TRUSTEE of The Barber Family Trust dated December 11, 1993 QUITCLAIM DEED PRAZMA & BARBER, TRUSTEES / T-COVENANT, INC. PAGE 1 OF2 · '...... ................... ."...~.......~,_. -~·....~..·"'"~.='....L=".: '·"';"--'--''''''r->',.C...w .....,.....".,....................... ..,.....-..-........-..-._,......".-.,~...:..."..,." ~....<,.,. . '.,.,......,.."...,.;.....,'. .,...,..-......., '.',.,.,'--.-,.,"," 0920654 , t,ì 'I 1"1 6 0 : ¡ t· I 0320507 r'!"'\o-t 98 ~ ,) '..l.. STATE OF WYOMING ) ) SS, ) COUNTY OF LINCOLN ACKNOWLEDGED on this 2Dt!1 day of July, 2006 by Donald D. Prazma and Kim R. Prazma. WITNESS my hand and official seal. M. KEVIN VOYLES· NCI¡'4)':;Y :~',JdCíC County of tIt\ .;:1hu~ of Uncoln VII' WyomIng My Commission Explre$ .)\.1111 i 6, 2007 ......,~'-<"'t_. My Commission expires: ð7/"/07 I I STATE OF WYOMING ) ) SS, COUNTY OF LINCOLN ) ACKNOWLEDGED on this ~ day of July, 2006 by Harold D. Barber a/kJa Dean Barber and Beverly 1. 1. Barber a/kJa Beverly Barber, who acknowledged further that they signed the foregoing Quitclaim Deed as Trustees of The Barber Family Trust dated December 11, 1993, as amended, acting for and on behalf of said Trust pursuant to authority provided to them as Trustees of said Trust. WITNESS my hand and official seal. CHRISTINA K. ALLRED - NOTARY PUBLIC COUNTY OF . STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES 04/30/2009 ~~ h Oflj~ NOTARY PUBLIC My Commission expires: Y-3!) -LA , QUITCLAIM DEED PRAZMA & BARBER, TRUSTEES / T-COVENANT, INC. PAGE20F2 ::OOi~im~~ . """ .,.....i'I!,¡.......¡.....~.......c.=....,.,¡~_;.,. t-,.-'::"'~....,""..:.'~::r;:,.:=:.]: ".,.¡'''' , '. ""':'.1:'.' :. -':.;..·a..'-::'-,~'.a.:;W'"'; ·"',','··_·~,·.··,·,'.·.·,·...t.w.,,...·.·..,. . '-'" i·t''' ""¡.......'i._;¡s¡-..--..."~~~~:..:.~.;.;., ¡¡,.',.., ... :, " -.:t.'-... ..f: ·"~·;;~;"'·.¡.·r.·¡.~"_:~-.".....,. ,.:' "C ',. ·.'.~...~..e..·.:. O~j20G54 r- ....., '....I"'i.'61 ~ : I t t . ,. ¡. I ( r n n lit 9',,' .' \'.- t... . :1 0920507 EXHIBIT A Description: T-Covenant Adjusted The T-Covenant property, as referred to in the Deed recorded in Book 395PR, on 'page 1, a portion of the Barber property, as referred to in the Deed recorded ~nBook 354PR, on Page 279, and a portion of the Prazma property, as referred to in the Deed recorded in Book 553PR, on Page 896, all with the Office of the Clerk of Lincoln County, Wyoming, within the NEl/4 of section 23, T34N, R119W, of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at a Point in the West line of said NEl/4, said Point of Beginning being 2,764.31 feet N71°00'38"W from the Lloyd B. Baker PE/LS 698, 1995 location for the Southeast Corner of said NEl/4, also said Point of Beginning being 3,179.35 feet S56°59'27"W from the Lloyd B. Baker PE/LS 698, 1974 location for the Northeast Corner of said NEl/4; thence NOo51'01"E, along said West line, 30.37 feet; thence S89°29'59"E 126.85 feet; thence SOo5l'OI"W 31.15 feet; thence N89°08'59"W, perpendicular to said West line, 126.85 feet, to the Point of Beginning, containing 0.09± Acres of Land. SUBJECT TO: That portion of the above described property lying within the bounds of U.S. Highway 89. TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Reservations, Restrictions, Rights-of-Way and Improvements of sight and or record. " .'.......""~.. ..,. .... ,",. '.,..; .....'..--.-,.. ." ,.........;...........,... ,.. }9Z0(;S4 '7 (J 0l tit L ') nOO1(.2_5 3_rþRP':\Ü¡_B-2 G n. (ì. ,¡!"'I.. t"'1 6 2 t.: \.1 .' t . RECEIVED LINCOLN COUNTY CLERK 898920 011 APr, 30 F'N I.,: 0& WARRANTY D~Æ~NNE \VAGNER' ~(F~~~A~HE'n. W".{·)?'.1!'J.G ALVIN L. ROBINSON AND ALICE L. ROBINSON, TRUSTEES OF THE ALVIN L. ROBINSON AND ALICE L. ROBINSON TRUST dated April 10, 1997 grantors of Lincoln County, State of Wyoming, for consideration of Ten and 00/100's ($10,00) 'and Qther good and va1uaöle consideration in hand, receipt whereof is hereby aCkÎ10wledged CONVEY AND WARRANT TO . DONALD D, PRAZMA AND KIM R. 'PRAzMA, Husband and Wife as Tenants by the Entireties, . grantees, whose address is Thayne: WY 83127, . the following described real estate, situate in Lincoln County:and State of Wyoming, hereby, rdeasing and waiving all rights under and by virtue of the home'stead exemption laws of the state to wit: A 'portion of the Northwest (u!U1Umbered block, sometimes referred to as Block 8) of the Van' Noy Park Subdivision, map of which was signed by Thomas L. Van Noy on the 28th day of 'August, 19"15 and is now designated as Map No. 185, being part of the SW 'A N'E 'A of Section ,23, T34N R1l9W of the 6th P.M., in the Town of Thayne, Lincoln County, Wyoming, more particularly 'described as follows: BEGINNING at a point 863.50 feet North and 182.32 feet, (measured) (150 recorded) Èast from the Brass Cap monument marking th~ Center Quarter corner of said Section 23, said POINT OF BEGINNING being an iron pipe monument, marking the Southeast comer of the Don Aullman property; , " , thence North, along the Easterly line of the Aullman property, 90.00 feet, more or less to the Northwest corner of that tract of land described in Warranty Deed . ,recorded in'Book 82PR on page 158;· ' "'.. thence East 91.71 feet, more or less, to the East line of Lincoln, Avenue, 33 feet wide; thence South along last said East line, 90.00 feet; thence West 91.71 feet; more or less, to the point of beginning. ALSO,a portion of the Nortliwest (u!U1umbered block, sometimes referred to as'Block 8) of the Van Noy Park Subdivision, map of which was signed by Thomas L. Van Noy on the 28th day of August, 1915 and is now designated as M~¡i No. 185, being part of the SW'ANE'A of Section ,23, T34N R119W of the 6th P.M.; in the Town of Thayne, Lincoln County, Wyoming, more pàrticuJarIy described as follows: BEGINNING at a point 863.50 feet North'and 43.09 feet East from the Brass Cap monument marking the cl;\nter 'A corner of said Section 23, said POINT OF BEGINNING also lying in the Easterly line of Highway US 89, 80 feet wide; , thence N 0·59' W. along last said line, 90.013 feet to a cross in the concrete sidewalk; thence East 141.46 feèt to an iron pipe; 'thence South 90.00 feet to an iron pipe; thence West 139.915 feet to the POINT OF BEGINNING. , '. 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 .Je¡1!:- day of APD 200~. " L ). q¿... , ~<~~'~ Alice L. Robinson. Trustee ~ ¡-..:. ~ "",+:\~;!:J £~ ¡:'~::::~;:~~~f;lli~~J ¡:::~t:t~'~1;.;í~':?' ..,.-<C.-"...........,.."'............ ,'T"'"... . "'.....,~..;....,......-... --~.~~-"".".,"""',,,... ~}i:/:~·i: ':~~ O. ·-::a.O£:i'~A ,"" \........ L-t: ,State of Wyoming County of Lincoln :~~~;~mmmr*ji~ _,,'".,......"'"_.a;-....... ".~".....................""..._-....."",.,..,~...".,..'...~-...,-.~ ,-, .. :1¡r:~~r: ~:~:/:~~~~ili%~ ) )ss. ) 0898920 897 , The foregoing ~ment was acknowledged before me by Alvin L. Robi~son and Alice L. Robinson this ¿)y , , day of April, 2004. . ' . Witness'my hand and officiai seal. =aAAY= 1.hoOIn.~ My Commission Expires: O;h!if6b ~~ -:':', ,...,.. ,'..", .".. , Not", ""bli, -----.---------- --~--_..__._. -.- --- ....,....'1'.....-.",..,..-" .... r,~,.,t"63 U ;\,¡U f , , 1-' ¡ "