HomeMy WebLinkAbout922194
000896
EASEMENT AGREEMENT
Agreement made, effective as of the 3D day of August, 2006, by and b~tween
,
Elk Meadows, LLC, a Wyoming Limited Liability Company, Craig H. Eddins, Managing
Member, Grantor; and the Etna Irrigation District, a political subdivision of the State of
Wyoming, with its principal place of business located at Etna, Wyoming, Grantee.
RECITALS
The parties recite and declare:
A. The burdened property is located in Lincoln County, State of Wyoming, and
described, more particularly, as follows:
See "Exhibit A," Description for Elk Meadows, LLC Johnson
Ranch Tract, attached hereto and made part of by reference
and incorporation as if fully set forth herein by reference and
incorporation.
DECLARATION OF EASEMENT
The parties agree as follows:
The undersigned parties, their heirs, successors, and assigns, hereby grant and
convey perpetual non-exclusive water canal easement hereby burdening the property
described in paragraph A, the perpetual non- exclusive easement being more
particularly described as follows:
The easements described in "Exhibit B" attached hereto
and made part of by reference and incorporation as if
fully set forth herein by reference and incorporation.
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 easements in any way that will impair the rights of the
RECEIVED 9/6/2006 at 11:48 AM
RECEIVING # 922194
BOOK: 632 PAGE: 896
JEANNE WAGNER
m¡!lm~ LINCOLN COUNTY CLERK, WY
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other parties, their heirs and assigns in the use of this easements.
00089·~
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.
The Grantor reserves the right to cross the ditch/canal and the right to construct
a bridge in at least two (2) places over the ditch/canal. Prior to beginning construction
of any bridge, the Grantor will secure written consent from the Grantee vvith respect to
the placement and design of said bridge.
EASEMENT TO RUN WITH LAND
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
I Etna Irrigation District agrees to indemnify and hold Elk Meadm"Ts, LLC, its
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succ~ssors and/ or assigns, harmless from and against any and all liability for personal
injuiy or property damage when such injury or damage shall result from, arise out of, or
be attributable to any use, operation, maintenance or repair of the canals, ditches, or
water carried therein.
The Etna Irrigation District shall maintain control and oversight of all
maintenance and operation of the canal, the water flowing therein, and construction or
repair of any canals and/or ditches. Elk Meadows, LLC, its successors and/ or assigns,
are not responsible for the maintenance or operation of the canal and/or any water
carried or supplied therefrom.
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REPAIR AND MAINTENANCE OF EASEMENTS
000898
The easements shall be properly maintained by the grantee, in good condition for
this purposes described herein. When repairs and/or maintenance are necessary, the
,
grantee shall give reasonable notice to the grantor and may undertake such repaÌrs 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.
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Capital improvements to the easement premises may be undertaken upon approval of
the ~r~ntor, however, the grantor shall have no responsibility or obligation to pay for
any ~~intenance, improvements or capital improvements unless agreed on, in writing,
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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 land 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 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.
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000899
GOVERNING LAW
, It is agreed that this agreement shall be governed by, construed, and enforced in
accordance v.rith the laws of the State of Wyoming.
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ENTIRE AGREEMENT
This agreement shall constitute the entire agreement betw'een 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
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I '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
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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 aU rights to the described easement under and by virtue of the homestead
exemption laws of the state of Wyoming.
PARAGRAPH HEADINGS
The titles to the paragraphs of this agreement are solely for the convenience of
the parties and shall not be used to explain, modify, simplify, or aid in the interpretation
of the provisions of this agreement.
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000900
By using the easement described herein, the Etna Irrigation District accepts and
agrees to abide by the terms 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 JÐ ~ day of August, 2006.
GRANTOR:
ELK MEADOWS, LLC,
A Wyoming Limited Liability Company
STATE OF NEVADA
)
)55.
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COUNTY OF CLARK
The foregoing instrument was acknowledged before me by CRAIG H. EDDINS who
appeared before me and was personally known to me, and by whom duly sworn and upon oath
represented that he was a Managing Member of ELK MEADOWS, LLC, A Wyoming Limited
Liability Company, that the instrument was signed on behalf of ELK MEADOWS, LLC, A
Wyoming Limited Liability Company, by the authority of the board of directors or trustees
thereof, who acknowledged the instrument to be the free act and deed of ELK MEADOWS, LLC,
A Wyoming Limited Liability Company, this '~ day of August, 2006.
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i WITNESS my hand and official seal.
My Commission Expires: =zJ 0 \2tOg
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GRANTEE:
ETNA IRRIGATION DISTRICT
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By: T~éROOK
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By(ROBERT CHOMA
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
000901.
The foregoing instrument was acknowledged to before me by KENDALL JENKINS who
appeared before me and was personally known to me, and by whom duly sworn and upon oath
represented that he was an Officer of the Etna Irrigation District, a political subdivision of the
State of Wyoming, that the instrument was signed on behalf ofthe Etna Irrigation District, a
political subdivision of the State of Wyoming, by the authority of the board of directors or
trustees thereof, who acknowledged the instrument to be the free act and ci~E;d-of the Etna ..:::::::; ""~¿ §"'
Irrigation District, a political subdivision of the State of Wyoming, this ..2fl..day of A..y.gyst;~
2006.
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/ NOTARY PUBLIC
WITNESS my hand and official seal.
NOTARY PUBLIC
STATE OF
WYOMING
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STATE OF WYOMING
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)SS.
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COUN7Y OF LINCOLN
000902
,
,
The foregoing instrument was acknowledged to before me by TERRY CROOK, who
appeared before me and was personally known to me, and by whom duly sworn and upon oath
represented that he was an Officer of the Etna Irrigation District, a political subdivision of the
State of Wyoming, that the instrument was signed on behalf of the Etna Irrigation District, a
political subdivision of the State of Wyoming, by the authority of the board of directors or
trustees thereof, who acknowledged the instrument to be the free act al}.M'~f the Etna..---_~
Irrigation District, a political subdivision of the State of ,Wyoming, th~day of A~VA
2006. u~ .
WITNESS my hand and official seal.
My Commission Expires: -0 ~~ 0
STATE OF WYOMING )
)SS.
COUN7Y OF LINCOLN )
The foregoing instrument was acknowledged to before me by ROBERT CHOMA, who
appeared before me and was personally known to me, and by whom duly sworn and upon oath
represented that he was an Officer of the Etna Irrigation District,a political subdivision of the
State of Wyoming, that the instrument was signed on behalf of the Etna Irrigation District, a
political subdivision of the State of Wyoming, by the authority of the board of directors or
trustees thereof, who acknowledged the instrument to be the free act a~~ Et~"':--,
Irrigation District, a political subdivision of the State of Wyoming, th~y of Aug .," ~ c..-
2006. '
WITNESS my hand and official seal.
My Commission Expires: Ö~~ Ò
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/ NOTARY PUBLIC
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DOREITA WlI:H:.."
COUNTY OF
LINCOLN
NOTARY PUBLIC
STATE OF
WYOMING
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Professional Land Surveyors
Paul N. Scherbel
Wyo. Aeçislralion No, 164
Utah Aegistratlon No, 1670
Idaho Ae lislratlon No, 3990
Nevada R'gistration No, 6805
Scott A. Bcherbel
Wyo. Aegislration No, 3889
Idaho Aegistration No. 8026
Utah Aeg,slration No. 372111
MAALOWE A, SCHEABEL
Wyo, Registrallon No, 5368
Surveyor Scherbel, LTD,
Alron, Wyoming
Big Piney, Wyoming
Jackson, Wyoming
Lava Hot Springs, Idaho
Monlpelier, Idaho
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EXHIBIT A
000903'
DESCRIPTION FOR
ELK MEADOWS, LLC
JOHNSON RANCH TRACT
To~wit: - -
That part of Section 35, T34N Rl19W, Lincoln County, Wyoming, it being the intent to
more correctly described that tract of record in the Office of the Clerk of Lincoln County in
Book 597 of Photostatic Records on page 213, as follows:
BEGINNING at a point on the east line of Section 35, NOoo-15'-20"W, 743.00 feet from
the southeast corner of said Section 35;
thence NOoo-15'-20"W, 73.30 feet, along said east line, to a point on the westerly right-of-
way line of US. Highway 89;
thence coursing said westerly right-of-way line as follows:
"
N15°-37'-41"W, 76.92 feet, to ST. 1288+68.8 100' LT;
N15°-16'-42"W, 1833.40 feet, to Sta. 1306 + 73.3 100' LT;
N88°-24'-2W'W, 26.07 feet, to Sta. 1306+73.3 125' LT;
N15°-16'-19"W, 1698.22 feet, to Sta. P.C. 1324+09.4 125' LT, at the beginning
of a circular curve to the right;
northwesterly, 1018.77 feet, along the arc of said curve, through a central angle of
09°-58'-13", having a radius of 5854.58 and chord bearing, N1 0°-17'-13 "W, 1 017.49
feet, to an intersection with the north line of said Section 35, and leave said right-of-
way line;
thence S89°-54'-45"W, 165.90 feet, along said north line, to the northwest corner of the
NEl/4NE1/4 of said Section 35;
thence SOoo-04'-24"W, 1321.98 feet, along the west line of said NEl/4NEl/4, to the
northeast corner of the SWl/4NEl/4 of said Section 35;
thenee S89°-56'-03"W, 1319.90 feet, along the north line of said SW1I4NE1I4, to the
northeast corner of the SEl/4NW1/4 of said Section 35;
thence S89°- 51'-02"W, 971.96 feet, along the north line of said SEl/4NW1I4, to the
northeast corner of that "Tract B" of record in said Office in Book 337 of Photostatic
Records on page 614;
thence coursing the easterly line of said "Tract B", as follows:
S16°-25'-00"E, 927.78 feet, to a brass cap;
S63°-10'-12"E, 313.32 feet, to a brass cap;
S33°-04'-42"E, 343.43 feet, to a brass cap on the south line of said SEl/4NWl/4;
N89°-57'-20"E, 240,94 feet, along said south line, to the southeast comer of said
SEl/4NWl/4, identical with the northern most brass cap of that "Tract A" of record
in said Office in Book 337 of Photostatic Records on page 614, and leave said south
line;
£K I!J/~ A
"Modification in any way of the foregoing description terminates liability of the surveyor"
PrDfessional Land Surveyors
Paul N. Scherbel
Wyo. Registralion No, 164
Utah Regislralion No, 1670
Idaho Regislration No, 3990
Nevada Registration No. 6805
Scan A, Scherbel
Wyo, Registration No. 3669
Idaho Registration No, 6026
Utah Registration No, 372111
MARLOWE A, SCHERBEL
Wyo, Regislration No, 5366
Surveyor SCherbel, LTD.
Mon, Wyoming
Big Piney, Wyoming
Jackson, Wyoming
Lava Hot Springs, Idaho
Montpelier, Idaho
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DESCRIPTION FOR
ELK MEADOWS, LLC
JOHNSON RANCH TRACT
PAGE TWO
000904
thence coursing the easterly line of said "Tract A',' as follows:
S33°-17'-50"E, 142.17 feet, to a brass cap;
S06° -49'-16"W, 184.17 feet, to a brass cap;
S19°-03'-44"E, 165.12 feet, to a brass cap;
S07°-18'-38"E, 227.47 feet, to a brass cap;
S09°-44'-40"W, 183.29 feet, to a brass cap;
S03°-28'-52"W, 148.67 feet, to a brass cap;
S21°-20'-50"E, 337.60 feet, to a brass cap;
S07°-21'-32"E, 418.05 feet, to a brass cap;
S43°-08'-38"E, 167.89 feet, to a brass cap;
S700-47'-25"E, 294.21 feet, to a brass cap;
t
S48°-23'-13"E, 265.15 feet, to a brass cap;
S35°-09'-56"E, 71.92 feet, to a brass cap at the eastern most northeast corner of said
"Tract A";
S77°-00'-41"E, 356.29 feet, to a brass cap, and leave said east line;
thence coursing the north line of that "Access to Tract A" of record in said Office in Book
337 of Photostatic Records on page 614, as follows:
N89°-05'-54"E, 25.72 feet, to a point;
S79°-01'-54"E, 203.74 feet, to a point;
N700-36'-36"E, 569.71 feet, to a point;
N67°-39'-48"E, 145.82 feet, to a point;
N84 ° -11'-18 "E, 291.79 feet, to a point;
N57°-49'-42"E, 242.55 feet, to the POINT OF BEGINNING;
ENCOMPASSING an area of 198.15 acres, more or less, AND;
BEGINNING at the northeast point of that tract of record in said Office in Book 333 of
Photostatic Records on page 176, NOoo-15'-20"W, 567.00 feet from the southeast comer
of said Section 35;
thence NOoo-15'-20"W, 137.12 feet, along the east line of said Section 35, to a point;
thence S57°-49'-42"W, 229.72 feet, to a point;
thence S84° -11'-18"W, 148.12 feet, to a point;
"Modification in any way of the f¡;W?:f:f:¡!f:;:;9 description terminates liability of
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Prolessionalland Surveyors
Paul N, Scherbel
Wyo. Registrallon No, 164
U1ah Registration No, 1670
idaho Registralion No, 3990
Nevada Registrallon No, 6805
scon A, Scherbel
Wyo, Regis1ratlon No, 3889
Idaho Regislration No, 8026
Utah Registration No, 372111
MARLOWE A. SCHERBEL
Wyo, Registration No, 5368
Surveyor Scherbel, LTD,
Afton, Wyoming
Big Piney, Wyoming
Jackson, Wyoming
Lava Hot Springs, Idaho
Montpelier, Idaho
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DESCRIPTION FOR
ELK MEADOWS, LLC
JOHNSON RANCH TRACT
PAGE THREE
000905
thence N89°-58'-OO"E, 342.42 feet, to the POINT OF BEGINNING;
ENCOMPASSING an area of 0.37 acre, more or less;
ENCOMPASSING a total area of 198.52 acres, more or less;
the BASE BEARING for this survey is the south line of the SE1,/.¡ of Section 35, T34N
RlI9W, being N89°-58'-OO"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 AFT ON WY PLS 5368", with appropriate
details;
each "brass cap" marked by a 2" galvanized steel pipe with brass cap inscribed,
"MARLOWE A. SCHERBEL AFT ON WYOMING PLS 5368", with appropriate details
found;
each "Station" marked by a 6" x 6" concrete post with brass cap inscribed, "STATE
HIGHWAY DEPT. R.O.W. MARKER", with appropriate details;
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln
County titled, "STERLING R. JOHNSON LIVING TRUST DATED 28 AUGUST 1965
AND ELK MEADOWS, LLC PL T OF TRACT WITHIN THE EY2 SE1,/.¡NW~~
SECTION 35 34N R1l9W LINC LN OUNTY, WYOMING", dated 15 August 2005,
as re 's d./·
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"Modification in any way of the foregoing description terminates liability of the surveyor"
Professional Land Surveyors
Paul N, Scherbel
Wyo. Regis1ralion No. 164
Ulah Registration No, 1670
Idaho Regislration No, 3990
Nevada Registration No. 6805
Scon A, Scherbel
Wyo. Registration No, 3889
Idaho Registration No, 8026
Utah Registration No, 372111
MARLOWE A, SCHERBEL
Wyo, Registration No, 5368
Surveyor Scherbel, LTD,
Afton, Wyoming
Big Piney, Wyoming
Jackson, Wyoming
Lava HOI Springs, Idaho
Montpelier, Idaho
DESCRIPTION FOR
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EXHIBIT 0000906
ELK MEADO''', LLC
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! EAST SIDE CANAL EASEMENT
To-wit: - -
A strip of land, sixty (60) feet in width, within the SW%NE% and the SE%NWV4 of
Section 35, T34N Rl19W, Lincoln County, Wyoming, being twenty (20) feet to the light
or easterly side and forty (40) feet to the left or westerly side of the following described
centerline:
EASEMENT No.1
BEGINNING at an intersection of the approximate centerline of the East Side Canal with
the south line of said SW%NE%, N89°-57' -20"E, 27.0 feet, more or less, from the
southwest comer of said SWY4NE%;
thence coursing said approximate centerline as follows:
N39°-46'-38"W, 21.1 feet, more or less, to a position;
N43°-46' -55"W, 85.1 feet, more or less, to a position;
N52°-59'-47"W, 280.2 feet, more or less, to a position;
N38°-13'-21"W, 23.9 feet, more or less, to a position;
N22°-1 0' -36"W, 29,9 feet, more or less, to a position;
NOOO-31' -18"W, 44.9 feet, more or less, to a position;
N29°-15'-25"E, 113.5 feet, more or less, to a position;
N43°-45'-34"E, 185.7 feet, more or less, to a position;
N50° -10' -OO"E, 1 01.6 feet, more or less, to a position;
N59°-36'-15"E, 42.6 feet, more or less, to a position;
N67°-23'-42"E, 110.3 feet, more or less, to a position;
N58°-51 '-40"E, 61.8 feet, more or less, to a position;
N33°-49' -24"E, 86.2 feet, more or less, to a position;
NI6°-41 '-58"E, 78.0 feet, more or less, to a position;
N12°-22'-55"E, 132.2 feet, more or less, to a position;
N15°-28'-24"E, 125.1 feet, more or less, to a position;
N24°-13'-08"E, 116.7 feet, more or less, to a position;
N27°-39'-24"E, 99.0 feet, more or less, to a position on the n011h line of said
SW%NE%;
the easterly and westerly lines of the above described easement to be shOJ1ened or
lengthened as necessary to create a continuous easement with a minimum width of sixty
(60) feet to meet at the south line of said SWY.tNEJ/,¡ and the south line of said SEJ/,¡NWV,¡
and the north line of said SWJ/,¡NEJ/,¡; AND
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TR\34-] 19-35\Sterlìng Roben .Johnson Living TI'uSI
"Modification in any way of the ft1~f.~:~:;D9 description terminates liability of
8:!~g;;ffi}~~;"
:;, ,,>",,"1
Professional land Surveyors
Paul N. Scherbel
Wyo, Regis!ration No, 164
Utah Regis!ration No, 1670
Idaho Ragistration No, 3990
Nevada Regislralion No, 6805
SCOII A, Scherbel
Wyo. ReglStralion No, 3889
Idaho Regis!ration No. 8026
Utah Registration No. 372111
MARLOWE A. SCHERBEL
Wyo, Registralion No, 5368
Surveyor Scherbel, LTO,
Mon, Wyoming
Big Piney, Wyoming
Jackson, Wyomìng
Lava Hol Springs, Idaho
Montpel'er, Idaho
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., . DESCRIPTION FOR
ELK MEADOW, LLC
EAST SIDE CANAL EASEMENT
PAGE TWO
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00090t7
EASEMENT No.2
A strip ofland, sixty (60) feet in width, within the NEY..NEY.. of Section 35, T34N Rl19\V,
Lincoln County, Wyoming, being twenty (20) feet to the right or easterly side and f0l1y
(40) feet to the left or westerly side of the following described centerline:
BEGINNING at an intersection of the approximate centerline of the East Side Canal with
the west line of said NE~NE~, SOoo-04'-24"W, 812.7 feet, more or less, from the
northwest comer of said NEY..NE11.;
thence coursing said approximate thread of the East Side Canal as follows:
N35°-26' -56"E, 53.3 feet, more or less, to a position;
N28°-58'-29"E, 58.0 feet, more or less, to a position;
N22°-53'-33"E, 95.8 feet, more or less, to a position;
N22°-47'-02"E, 101.2 feet, more or less, to a position;
N25° -19' -50"E, 164.1 feet, more or less, to a position;
N32°-49'-21"E, 15.6 feet, more or less, to a position on the westerly right-of-way line
of U.S. Highway 89, S29°-34' -04"E, 431.83 feet from the northwest comer of said
NEY4NE Y..;
the easterly and westerly lines of the above described easement to be sho11ened or
lengthened as necessary to create a continuous easement with a minimum width of sixty
(60) feet to meet at the west line of said NEY..NEY.. and the westerly right-of-way line of
said U.S. Highway 89; AND
EASEMENT No.3
A strip of land sixty (60) feet in width, within GLO Lots 4 and 7 of Section 35, T34N
Rl19W, Lincoln County, Wyoming, bounded on the west by the easterly line of that
"Tract A" of record in said Office in Book 337 of Photostatic Records on page 614, with
the westerly line of said Easement No.3, described as follows:
BEGINNING at the northwest corner of said GLO Lot 4;
thence S33°-17'-50"E, 142.17 feet, to a brass cap;
thence S06°-49'-16"W, 184.17 feet, to a brass cap;
thence S19°-03'-44"E, 165.12'feet, to a brass cap;
thence S07°-18'-38"E, 227.47 feet, to a brass cap;
thence S09° -44' -40"W, 183.29 feet, to a brass cap;
thence S03°-28'-52"W, 148.67 feet, to a brass cap;
thence S21 °-20' -50"E, 337.60 feet, to a brass cap;
thence S07°-21 '-32"E, 418.05 feet, to a brass cap;
thence S43°-08'-38"E, 167.89 feet, to a brass cap;
TR\34-119-35\Sterling Robert Johnson Living T,'usl
"Modification in any way of the foregoing description terminates liability of the surveyor"
Professional land Surveyors
Paul N, Scherbal
Wyo. Registration No. 164
Utah Regislralion No. 1670
Idaho Reglslration No. 3990
Nevada Registration No, 6805
Scott A. Scherbel
Wyo. Registration No. 3889
Idaho Registration No, 8026
Utah Registralion No, 372111
MARLOWE A. SCHERBEL
Wyo, Registration No. 5368
Surveyor SCherbel, LTO,
Alion, Wyoming
Big Piney, Wyoming
Jackson, Wyoming
Lava HOI Springs, Idaho
Montpelier, Idaho
DESCRIPTION FOR U~~;,~:l~4
ELK MEADO\V, LLC
EAST SIDE CANAL EASEMENT
PAGE THREE
000908
thence S700-47' -25"E, 294.21 feet, to"a brass cap;
thence S48°-23'-13"E, 265.15 feet, to a brass cap;
thence S35°-09'-56"E, 71.92 feet, to a brass cap;
the easterly line of the above described easement to be shortened or lengthened as
necessary to create a continuous easement with a minimum width of sixty (60) feet to meet
the north line of said GLO Lot 4 and the north line of Easement NO.4 as described below;
AND
EASEMENT No.4
A parcel of land, within GLO Lot 7 of Section 35, T34N R119W, Lincoln County,
Wyoming, described as follows:
BEGINNING at the southern most brass cap of the above described Easement No.3,
N63°-13' -50"E, 1020.68 feet from the southwest comer of said GLO Lot 7;
thence N54°-50'-04"E, 60.00 feet, to a position;
thence continuing, N54°-50'-04"E, 11.50 feet, to a position;
thence S39°-19'-54"E, 87.14 feet, to a position on the north line of that "Tract A" of record
in said Office in Book 337 of Photostatic Records on page 614;
thence N77°-00'-41"W, 116.67 feet, along said north line, to the BRASS CAP OF
BEGINNING;
EASEMENT No.5
A parcel of land, within SWY4NEV,¡ of Section 35, T34N Rl19W, Lincoln County,
Wyoming, described as follows:
BEGINNING at a position on'the south line of said SWY4NE~, N89°-57' -20"E, 71. 75 feet
ITom the southwest comer of said SW~NEY4;
thence N55°-44'-43"W, 52.46 feet, to a position;
thence S39°-46' -38"E, 38.44 feet, to a position on said south line;
thence N89°-57'-20"E, 18.77 feet, along said south line, to the POSITION OF
BEGINNING;
the BASE BEARING for this survey is the south line of the SEY4 of Section 35, T34N
Rl19W, being N89°-58'-00"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 "intersection" and "position" is a calculated position with no monument found or set;
each "brass cap" marked by a 2" galvanized steel pipe with brass cap inscribed,
"MARLOWE A. SCHERBEL PLS 5368 APrON WYOMING", with appropriate details;
TR\34-119-3S\Sterling Robert Johnson Living Trust
"Modification in any way of the fr:m:r::mtg description terminates liability of th
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Professional Land Surveyors
I
Paul N, Scherbel I
Wyo, Registration No, 164,
Utah Registration No, 1670
Idaho Registration No, 3990
Nevada Registration No. 68~5
Scot! A, Scherbel i
Wyo, Registration No, 3889
Idaho Registration No, 8026
Utah Registration No, 372111
MARLOWE A. SCHERBEL
Wyo, Registration No. 5368
Surveyor SCherbel, LTD,
Ahon, Wyoming
Big Piney, Wyoming
Jackson, Wyoming
Lava Hol Springs, Idaho
Montpelier, Idaho
<tl~*r:~i~¡1~I~;
DESCRIPTION FOR
ELK MEADO\V, LLC
EAST SIDE CANAL EASEMENT
PAGE FOUR
000909
, \,1 I ~ )< ~ ". J1' o-~
JJ_:b··..t4,.¡, J4..fl:
TR\34-119-3S\Sterling Robert Johnson Living Trust
"Modification in any way of the foregoing description terminates liability of the surveyor"