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HomeMy WebLinkAbout921214 ~'í.) :J ;>.. . o 1;J) '0 >.: ö)'§ -g 0 0;;-'. ~~~ ~o~õ g .S ~ ¡;;. o 0 ö) .D.......... u .... (/'} tr.l ::3 .:: µ" 0 ~ U IV" "" ¡; ¡;; ~ p ö) U __ o ."';: '"d [-, .~ ø P. u s.- .~ ~ 000043 ;¡q-' Easement Agreement KNOW ALL PERSONS BY THESE PRESENTS, that (i) James A. Sandner and Linda L. Sandner, Trustees for the uses and purposes set forth in the James A. Sandner and Linda L. Sandner Revocable Trust, dated May 1 I, 1994, and (ii) Justin D. Sandner and Teresa C. Sandner, husband and wife as tenants by the entireties, and on behalf of their respective successors, heirs and assigns, hereinafter collectively referred to as "Grantors", for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, receipt whereof being hereby acknowledged, do hereby grant and convey unto WYO/MCS, LLC, A Delaware Limited Liability Company, and its successors and assigns holding title to any portion of the property described in that c~rtain Quitclaim Deed recorded in the Office of the Clerk of Lincoln County, Wyoming, on February 8, 2006, as instrument number 915872, recorded in Book 611, at pages 886-887, hereinafter referred to as the "Grantee Property", with WYO/MCS, LLC, and its successors and assigns collectively referred to as "Grantee", a non-exclusive twenty (20) foot wide easement for access, ingress, and egress over and across the roadway commonly referred to as "Laurel Trail", as delineated and described on the amended plat of Palisades Pines, a minor subdivision of record in the Office of the Clerk of Lincoln County, Wyoming, recorded as Plat Number 918463 , on the 16th day of febrnary, 2006, and more particularly described as follows: May Commencing at the northwest corner of the WY2SEY4NWY4 of Section 20, T37N, Rl18W, Lincoln County, Wyoming, identical with the northwest corner of vacated Lot 5 of said Palisade Pines subdivision; Thence, N89°56'35"E, 252.65 feet more or less to the northeast corner of vacated Lot 5 of said Palisade Pines subdivision which is identical with the northwest corner of Lot 1 of said Palisade Pines subdivision and the centerline of said Laurel Trail which is the true Point of Beginning for this easement; Thence, curving along the centerline said Laurel Trail. The outside corner this curve possesses a length of 104.48', a delta of 74°49'38", a radius of 80.00', a chord bearing of N48°48'30"W, a chord of97.21' and a tangent of 61.19', and the inside corner of this curve possesses a length of 88.40', a delta of 63°18'32, a radius of 80.00', a chord bearing of S54°34'03"E, a chord of 83.97', and a tangent of 49.32'; Thence, curving along the centerline of said Laurel Trail, a length of 16.08', a delta of 11 °31 '06", a radius of 80.00', a chord bearing of S 1 JD09' 14"E, a chord of 16.06', and a tangent of 8.07'; Thence, continuing along the centerline of said Laurel Trail S 11 °23' 41 "E, I 20.89 feet to a point on the centerline of said Laurel Trail; Thence, continuing along the centerline of said Laurel Trail S07°31 '35"E, 450.59 feet to a point on the centerline of said Laurel Trail; Thence, continuing along the centerline of said Laurel Trail N1 0004'52"W, 72.98 feet to a point on the centerline of said Laurel Trail; Thence, curving along the centerline said Laurel Trail. The outside corner this curve possesses a length of 92.23', a delta of 96°04'43", a radius of 55.00', a chord bearing of N58°07' 14"W, a chord of 81.80', and a tangent of 61.17', and the inside corner of this curve possesses a length of 58.69', a delta of 96°04'43, a radius of 35.00', a chord bearing of N58°07'14"W, a chord of52.05', and a tangent of38.93'; Thence, curving along the centerline· said Laurel Trail. The outside corner this curve possesses a length of 32.70', a delta of 19°41 '08", a radius of 95.19', a chord bearing of S63°59' 51 "W, a chord of 32.54', and a tangent of 16.51', and the inside corner of this curve possesses a length of 25.83', a delta of 19°41 '08, a radius of 75.19', a chord bearing of S63°59'51 "W, a chord of25.71', and a tangent of 13.04'; Thence, curving along the centerline said Laurel Trail. The outside corner this curve possesses a length of 65.64', a delta of 69°32'58", a radius of 54.07', a chord bearing of SI9°22'48"W, a chord of 61.68', and a tangent of37.55', and the inside corner of this RECEIVED 8/11/2006 at 4:01 PM RECEIVING # 921214 BOOK: 630 PAGE: 43 JEANNE WAGN,ER LINCOLN COUNTY CLE...~:.:v1MERER, WY Easement Agreement Page - 1 of 5 :;:~I~~i~~I~~j~i~:: ~:i~m[m~;¡~§ ·û(~'n'1 ."j~ /~ .:Ji <'4 ..]" {\.", ..t. L~ 000044 curve possesses a length of 41.36', a delta of 69°32' 58, a radius of 34.07', a chord bearing ofS19°22'48"W, a chord of38.87', and a tangent of23.66'; Thence, continuing along the centerline of said Laurel Trail S 15°23' 41 "E, 24.28 feet to a point on the centerline of said Laurel Trail; Thence, continuing along the centerline of said Laurel Trail S37°24'25"E, 44.16 feet to a point on the: centerline of said Laurel Trail; Thence, continuing along the centerline of said Laurel Trail S2J004' 34"E, 16.19 feet to a point on the centerline of said Laurel Trail; Thence, curving along the centerline said Laurel Trail. The centerline of this curve possesses a length of 87.96', a delta of 100°47'22", a radius of 50.00', a chord bearing of S23°19'08"W, a chord of77.05', and a tangent of60.43'; Thence, curving along the centerline said Laurel Trail. The centerline of this curve possesses a length of 40.10', a delta of 50°45'26", a radius of 45.26', a chord bearing of N80054' 18"W, a chord of 38.80', and a tangent of21.47'; Thence, curving along the centerline said Laurel Trail. The centerline of this curve possesses a length of 50.92', a delta of 45°08'01", a radius of 64.64', a chord bearing of N32°57'25"W, a chord of 49.61', and a tangent of26.86'; Thence, continuing along the centerline of said Laurel Trail NI0023'24"W, 48.31 feet to a point on the centerline of said Laurel Trail; Thence, curving along the centerline said Laurel Trail. The centerline of this curve possesses a length of 56.26', a delta of 64°28'21", a radius of 50.00', a chord bearing of N42°37'34"W, a chord of 53.34', and a tangent of 31.53'; Thence, continuing N76°02'24"W, 80.40 feet more or less to the Targhee National Forrest boundary and the point of termination; All as more particularly described and laid out in the said amended plat of Palisades Pines, a minor subdivision of record in the Office of the Clerk of Lincoln County, Wyoming. Notwithstanding the foregoing, the within easement is intended to allow the Grantee and its successors and assigns to access the National Forest and to that end the easement shall be limited to foot traffic, A TV traffic, and horse traffic provided no vehicle, trailer or other item may be parked or left on the easement surface or other lots of Palisade Pines Subdivision. Furthermore, the Grantee, and its successors and assigns, will be responsible for their respective use of the maintenance costs associated with the repair and upkeep of the foregoing easement. For purposes of determining the Grantee's "respective use" of the easement, each distinct lot now in existence or hereafter created from the Grantee Property shall be divided by the sum of (a) each distinct lot now in existence or hereafter created from the Grantee Property, plus (b) all of the lots comprising said Palisade Pines subdivision, to derive each Grantee's respective percentage of the maintenance costs. Unless and until further subdivided, the Grantee Property shall constitute one (1) lot for purposes of calculating the maintenance expense allocations. The within grant is intended to be an easement running with the land and shall be appurtenant to the lands of Grantee situate in Lincoln County, Wyoming, and shall be perpetual for so long as it is used for roadway and access purposes for the property to which it is appurtenant. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Easement Agreement Page - 2 of 5 ..,.-( n·.~:":':CI:.o:.o·.·." . . .:,:~",: ;,:,-,.,..,.,.,........,. O· Q.~'" 21/~ .....j~.Io\. 000045 Grantor: IN WITNESS WHEREOF, we have hereunto set our hands to be effective as of the day of February, 2006, hereby waiving and relinquishing any and all rights under and by virtue of the homestead exemption laws of the State of Wyoming. The James A. Sandner and Linda L. Sandner Revocable Trust, dated May 11, 1994 Justin D. Sandner and Teresa C. Sandner ~:J£ooß· h~f¡ STATE OF WYOMING ss. COUNTY OF LINCOLN On this ~ 7 day of February, 2006, the foregoing Easement Agreement was acknowledged before me by James A. Sandner and Linda L. Sandner, Trustees, and on behalf of their successors in trust under the James A. Sandner and Linda L. Sandner Revocable Trust, dated May II, 1994, Grantor. ELLEN C PUGH County of Lincoln c'al seal. Notary Public State of Wyoming My Commission Expires October 28, 2006 Notary Public for the State ofWyom My Commission Expires: I () ~c1 STATE OF WYOMING } ss. COUNTY OF LINCOLN } On this .;t 1 day of February, 2006, the foregoing Easement Agreement was acknowledged before me by Justin D. Sandner and Teresa C. Sandner, Grantor. Witness my hand and official seal. ¿Q ELLEN C PUGH No;;~J County of State of Lincoln Wyoming My Commission EXPI~~S ~~:::.~~~.~06 Notary Public for the State ofWyo . g My Commission Expires: /0 -';<15-0 P Easement Agreement Page - 3 of 5 ':~i:~¡~~;~~};~iI: :;~;¡:m1::::::~:í~¡ t;,;,¡,;~,~~~~ ," ...-.......~.~......-. , . O (:.~ ~~ 1~) 1 (' ".lI "'d ,,1.'''<1 . "..,r- Mortgage Subordination: IN WITNESS WHEREOF, First National Bank - West, hereby subordinates that certain mortgage dated September 27, 2005, and recorded in the Office of the Lincoln County Clerk, Lincoln County, Wyoming, on October 6, 2005, as document number 912539, in Book 600 at pages 458-462, for purposes of allowing Justin D. Sandner and Tersea C. Sandner to grant the foregoing easement. First National Bank - West Q~~ -> By: Penny Jones (printed Name of Signatory) Iw: Alpine Branch President (Capacity of Signatory) STATE OF WYOMING COUNTY OF LINCOLN On this ,'1 ' ( ack~ged before me by the~Ld¿¡;;¡ 6, the foregoing Mortgage Subordination was , in hislher capacity as Witness my hand and official seal. aQ ',::;:~~'::::~'~~:" ~-LLEN C PUGH . Notary Public County of .1;'. State of , Lincoln Wyoming My Commission Expires October 28, 2006 .~~ Notary Public for the State ofWy ing. t... My Commission Expires: 10-,;2 8-Qµ Easement Agreement Page·4 of 5 000046 · -, :1:':';¡'[;-;Ò~.¡ :;;¡;~; I;. :':; i! ;:,.: :.;. ;'":;_":,"<,~'t;",~i:::;.k;!";¡:"~".~.'_ ¡"~'" ,'~:>:}--:"", .:,"'.;,: : :.:.~ ;.;.:.;.:;¡,:..: "! '_';r,:O:~\r!~:'::G:!\'< -~èi~;:\<';,!'<d.'j~.~~":~'''~::_, ':;"1,-.'-: '¡,' , .. :~ì';~;~;·~:i::":"'"':';~::' ." ',:,~i,:.:'¡~,!(;:¡>:: 09~12~4 000047 Grantee: IN WITNESS WHEREOF, we have hereunto set out hands to be effective as of the .J b '1J..., day ofEì:lmlaIT, 2006, offering our acceptance to the foregoing easement. .:TtJ Ai e WYO/MCS, LLC {ß~ß7vt David P. McSorley, Manager STATE OF PENNSYLVANIA } .1 S5. COUNTY OF f}L.L~Gf/E/¡/ 1 } .ToNE- On this ().(:. day of~, 2006, the foregoing Easement Agreement was acknowledged before me by David P. McSorley and Mary H. McSorley in their capacity as the, III/III ' Managers ofWYOIMCS. LLC, a Delaware Limited Liability Company, Grantee. ,./"'ð> ^ ~"I' . W¡m", my b..' .., offi".. ". NomË, ,~.~~~,~;i.':~!f{ My Commissi Pires: :. .-(. ,f"') ,: r-. ",,', .~) , . ;' : . I . j'~ '. ~"""····"";'··a.·'~ Notarial Seal-,'¡ . ", .'.:.. ", ..,"- Emily Tuttle, Notary Public "1" / ,7 ! 'r- City Of Pittsburgh, Allegheny County -. My Commìssion Expires July 16.2006 M(¡rnber. r:>r,,"'f>Svjv;l'~;:>' 1\,,"rv-ì;>f0n ()f Notaries Easement Agreement Page. 15 016 ~tili]~ililli~i~~