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HomeMy WebLinkAbout930675 -/ Ÿ I" c ....; ,,,. '" \ I '. '.'þ., -l_1 ~ Ii" w ~ ffi <c 0 ~ r-- C') a:: ~ ~1I)~ww m........z~ ....cow caoC)C)~- r--f")<c:;5o:: oe»Q.:>w o ...J ~=It: ~() ~C) z~ co~C')û5z c~:g-'::J WW 0 >()~ () -wo z Wo::O ...J o CD 0 W () 0::: z :J 00430 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is entered into by and among the TOWN OF THAYNE, a Wyoming Municipal Corporation, P.O. Box 298, Thayne, Wyoming 83127 (hereinafter, "Thayne"), PAUL D. HILL, a married man holding the property as his sole and separate property, 975 Walker Avenue, Ashland, Oregon 97520 (hereinafter, "Hill"), and the UNITED STATES POSTAL SERVICE (hereinafter, the "USPS"), an independent establishment of the Executive Branch of the United States Government, and its successors and assignees (39 U.S.C. § 201), c/o Western Facilities Service Office, 160 Inverness Drive W, Suite 400, Englewood, Colorado 80112. WHEREAS, Thayne and Hill own adjoining real estate located in Thayne, County of Lincoln, State of Wyoming, described, respectively, as follows: Property owned by Thayne is that which is described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on December 19,2002, in Book 507 PR at Page 682 as Instrument No. 886384, a copy of said deed being attached hereto and incorporated herein by reference, hereafter, the "Thayne Property"; and Property owned by Hill is that which is identified in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on September 17, 2004 in Book 567 PR at Pages 528 through 530 as Instrument No. 902916, a copy of said deed being attached hereto and incorporated herein by reference (hereafter the "Hill Property"); and EASEMENT AGREEMENT TOWN OF THAYNE / PAUL D. IDLL / THE USPS PAGE 1 OF9 O~i3067S- 000·431 WHERAS, Hill and the USPS entered into a Lease dated May 5, 1999, with a lease term that expires on September 13, 2020, with two 5-year renewal options (said Lease being that which was noticed by the Memorandum of Lease that was filed in the land records of Lincoln County, Wyoming on January 2, 2001 in Book 457 PR at Pages 748 through 750 as Instrument No. 870540) (hereinafter, the "Lease") for the Hill property located at 390 North Main Street, Thayne, Wyoming, commonly referenced as the "Thayne Post Office" (hereinafter the "leased premises"); and WHEREAS, in order to enhance access to the Hill Property and to promote safe ingress thereto and egress therefrom, Thayne and Hill desire to create a public right of way easement across the Thayne Property and a portion of the Hill Property to provide ingress and egress from the public street identified as "Wright Street" to the Thayne Property and the Hill Property, thereby benefiting the leased premises for the USPS; and WHEREAS, Thayne and Hill have requested that the USPS to enter into this Agreement because the public right of way easement created herein will affect the leased premises and USPS operations. NOW, THEREFORE, for in consideration of TEN DOLLARS ($10.00) and other valuable consideration, in hand paid, for the right-of-way easement granted herein, Thayne, Hill, and the USPS, for themselves, and their heirs and/or successors, and assigns, hereby agree as follows: EASEMENT AGREEMENT TOWN OF THAYNE / PAUL D. HILL / THE USPS PAGE20F9 j 093 ()f' ''''''11- . ),-~ 000,432 A. EASEMENT. Thayne and Hill, with the concurrence of the USPS, grant to Hill and Thayne, and their heirs and/or successors and assigns, a public right-of-way easement for ingress and egress on the eastern sixty (60) feet of the Thayne Property and on that eastern portion of the Hill Property described in the Easement Description that is attached hereto and incorporated herein by reference, and hereby dedicate the same to the public, to provide access from the Hill Property and the Thayne Property to the Town of Thayne's public right-of-way known as "Wright Street"(said easement hereinafter the "Easement"). B. EASEMENT NOT TO BE OBSTRUCTED. Except for temporary obstructions required for the purposes of maintaining and improving the Easement, the public right-of-way created herein shall not be obstructed in any manner that would impede free ingress and egress from the Hill Property and the Thayne Property to the Town of Thayne's public right-of-way known as "Wright Street", C. IMPROVEMENTS AND MAINTENANCE. Thayne and Hill hereby agree that Thayne will assume responsibility for paying all of the costs of improving, maintaining, and operating the Easement as a paved public right-of-way. If Thayne fails to complete the improvement of the Easement as a paved public right-of-way within eighteen (18) months of the date this Agreement is recorded, then this Agreement shall be null and void, and there shall thereafter be no easement whatsoever encumbering the Hill Property created by this Agreement. Thereafter, if Thayne fails to maintain and operate the Easement as a paved public right-of-way for a period of three (3) months, and Hill files an affidavit so stating in the land records of Lincoln County, Wyoming, then the Easement on the Hill Property created by this Agreement EASEMENT AGREEMENT TOWN OF THAYNE / PAUL D. HILL / THE USPS PAGE 3 OF 9 O'~}.30675 000433 shall revert to Hill, and there shall thereafter be no easement whatsoever encumbering the Hill Property created by this Agreement. D. USPS NOT RESPONSIBLE FOR DAMAGES OR LOSSES FROM USES BY THAYNE AND HILL. Thayne and Hill, by their execution of this Agreement, agree for and on behalf of themselves, their consulting firms, agents, servants, employees, invitees, or contractors, who may at anytime use, occupy, visit, or maintain the Easement, that the USPS, its successors and assigns, shall not be responsible for damages or loss to the leased premises, property, injuries, or death, which may arise from or be incident to such use and occupation of the Easement by Thayne or Hill and their consulting firms, agents, servants, employees, invitees, or contractors. E. INDEMNIFICATION OF THE USPS AND HILL. Thayne, by its execution of this Agreement, agrees, to the extent allowed under Wyoming law, to defend, indemnify and hold Hill and the USPS, and their heirs and/or successors, and assigns, harmless against any and all claims, demands, damages, costs, expenses, and legal fees, for damages or loss to the leased premises, property, injuries, or death, which may arise from or be incident to such use and occupation of the Easement by Thayne and its consulting firms, agents, servants, employees, invitees, or contractors. In case of any action or proceeding brought against Hill and the USPS by reason of such a claim, upon notice from Hill and/or the USPS, Thayne covenants to defend Hill and/or the USPS in such action or proceeding. F. NO INTERFERENCE WITH POSTAL OPERATIONS. Thayne and Hill, by their execution of this Agreement, agree that during the term of the Lease of the leased premises EASEMENT AGREEMENT TOWN OF THAYNE / PAUL D. HILL / THE USPS PAGE 4 OF 9 O~J30(~7S 000434 by the USPS, that the USPS, its employees, customers, and the public will have continual and uninterrupted access to the Postal Facility through the Easement, and that neither Thayne nor Hill shall act in any manner to interfere with USPS operations on the leased premises. In the event the Thayne and/or Hill fail to provide continual and uninterrupted access to the leased premises through the Easement, the USPS shall have the right to pursue any and all remedies available by law and the responsible party or parties, Thayne and/or Hill, shall be liable for all costs related to the enforcement of the rights of the USPS created by this Agreement. G. INSURANCE. Thayne agrees that all work undertaken by Thayne pursuant to this Agreement shall be completed by qualified employees, contractors, and consultants. Thayne shall require that any contractors or consultants hired by Thayne to perform work in the Easement shall carry and maintain worker's compensation and comprehensive public liability insurance, with Hill and the USPS named as additional insureds, said policies to provide at least the following minimum amounts: Bodily Injury Property Damage General Liability: $100,000/person $500, OOO/accident $100,000/occurrence; and $500,000/aggregate; Automobile Liability: $100,000/person $500,000/accident $100,OOO/occurrence; and $500,OOO/aggregate. H. APPLICABLE LAWS. Use of the leased premises under this Agreement shall be subject to Federal laws and such rules and regulations as the USPS may from time to time prescribe. Use of the Easement created by this Agreement shall be subject to all applicable laws, rules, orders, regulations, or requirements. EASEMENT AGREEMENT TOWN OF THAYNE / PAUL D. HILL / THE USPS PAGE50F9 0930675 000435 I. PROEPRTY AS IS. Thayne accepts the use of the Hill Property in its present condition and neither Hill nor the USPS make any warranty of the condition of the Hill Property now or in the future. J. APPLICABLE LAW FOR AGREEMENT. This Agreement is governed by applicable Federal law. K. EASEMENT TO RUN WITH THE LAND. The Easement shall run with the lands identified herein, and shall be binding on and shall inure to the benefit of Thayne and Hill, and their respective heirs and/or successors or assigns. L. TRANSFERS TO THIRD PARTIES LIMITED. The Easement shall not be transferable, in whole or in part, to any third party, except as said Easement is transferred to an heir and/or successor or assign in a conveyance of the underlying fee interests of either the Thayne Property or the Hill Property. M. EASEMENT SUBORDINATE TO LEASE. Thayne and Hill hereby agree that the Easement shall be subordinate to the Lease. As long as said Lease is in effect, neither Thayne nor Hill shall take any action regarding the Easement that is inconsistent with the terms of the Lease. N. WAIVER OF HOMESTEAD RIGHTS. Hill and Hill's spouse, for themselves and their heirs and assigns, hereby waive any and all rights under and by virtue of the homestead EASEMENT AGREEMENT TOWN OF THAYNE / PAUL D. HILL / THE USPS PAGE60F9 O~KÞ..H)- t'S 000·436 exemption laws of the State of Wyoming to the extent that such rights may interfere with the purposes the Easement. O. NOTICES. Any notice hereunder shall be given in writing to the party for whom it is intended in person or by certified mail to the following addresses or such future addresses as may be designated in writing: Thayne: Town of Thayne P.O. Box 298 Thayne, Wyoming 3127 Hill: Paul D. Hill 975 Walker Avenu Ashland, Oregon 9 520 USPS: Contracting Office United States Posta Service Western Facilities Service Office 160 Inverness Drive W, Suite 400 Englewood CO 80112-5005 IN WITNESS WHEREOF, Thayne, Hill, and the USPS have caused this Agreement to be executed on this S cfuy of --&J' 1'..1 ¿ , 2007. TOWN OF THAYNE, a Wyoming Municipal Corporation BY: ._...~.., ':\ ~.., DON C. AULLMAN MAYOR EASEMENT AGREEMENT TOWN OF THAYNE / PAUL D. HILL / THE USPS PAGE 7 OF9 O~KJOf)7S 000·4:3·; UNITED STATES POSTAL SERVICE BY: STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) On this ..øay of .~.1 -HL; , 2007, before me personally appeared Don C. Aullman, who, acknowl~ he IS the Mayor of the Town of Thayne, a Wyommg Municipal Corporation; that he signed the foregoing instrument for and on behalf of said Municipal Corporation pursuant to authority provided to him by said Corporation's Council; and that he acknowledged said instrument to be the free act and deed of said Municipal Corporation. Witness my hand and official seal. to.ø~ p\)B\.\C N01r"'f'\ . ..,. JOÞt,N JE.~SE.N.- . .>;:ST"1E ~~ . of ." ..·~~oMt Q . CO\.lN~\.N . .'1....J~ -0 1 UNO O~ øP\,,6~ .: " ttA~ COttA"'" i3sion expires: . . ~,a<~~~~ . NÓ~, Y.PUBL~ -". -~~--- 1·~/$'- t>9. , , STATE OF -7C~.1'¿} COUNTY OF (' ¿IS I ~ r- ) ) SS. ) On this ,,-'1 ¿; #r day of ~~y' , 2007, before me personally appeared Paul D. Hill and Ann P. Hill, who, ac owledged that they signed the foregoing instrument as their free act and deed. ~\)\\"III"""'l Witness~~~~~~cial seal. ~.- .. V~~~ ~~ .- ..~y ~ ~ ""'.. e. ~ ~ : ~OTARY .. OS : : ~*I -=*: .... : ..- . . -= · C · '\ ... PUBU l ~- ... ... ·11 -. .. ~~~ti~ My CommissioJ expires: Þ-rø/ (: ">;;:'~ </";7~? /. ....,('~(¿é#;~{~ NOT~RY ~. LIC EASEMENT AGREEMENT TOWN OF THAYNE / PAUL D. HILL / THE USPS PAGE80F9 0930{)'7S 000438 STATE OF COLORADO ) - /l k ) SS. COUNTY OF~/~ ___ ) ,1 On this) & ~ ¡lay of ~ ' 2007, before me personally appeared L..ÞfÞ7' í v.- '-1/) C/J~ ' who, acknowledged that he/she is a Contracting Officer for the United States Postal Service, an independent establishment of the Executive Branch of the United States Government; that he/she signed the foregoing instrument for and on behalf of said United States Postal Service pursuant to authority provided to him/her; and that he/she acknowledged said instrument to be the free act and deed of said United States Postal Service. Witness my hand and official seal. ~~ My Commission expires: ~ c¡ EASEMENT AGREEMENT TOWN OF THAYNE I PAUL D. HILL I THE USPS PAGE 9 OF9 O~j" 675 ~p~~ 50·( Pit PAGE 6 82 iìECEIV£D LINCOLN GOUNTY CLERK 88638lf 02 f1?C 19 ;:.< l:= I J ,JE/"jl¡¡¡¡:: ·:;",i.',GNER :-<:-:..<.::::;.:~:.::. \ :·"·:~!·~I¡"·:G WARRANTY DEED 00043.9 BRET W. MERICA AND DEBBIE MERICA, Husband and Wife, grantors of Lincoln County, State of Wyoming, for consideration of Ten and 00/100's ($10.00) and other good and valuable consideration in hand, receipt whereof is hereby acknowledged CONVEY AND WARRANT TO THE TOWN OF THAYNE, a Wyoming MunIcipality, grantees, whose address is P.O. Box 298, Thayne, WY 83127 '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: Part of Section 23, T34N R119W of the 6th P.M" Lincoln County, Wyoming being more particularly described as follows: 34 It( 2.3 BEGINNING 155 feet East of the Northwest comer of the SWI,4NE~ of said Section 23 and running thence South 106 feet; thence East 137 feet; thence North 106 feet; thence West 137 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 18th day of December, 2002. u'~j ~ ,..-....::.- . . - Bret W. Merica fJ.tlvV ptl~(~ . . Debbie Merica State of Wyoming County of Lincoln ) )ss. ) The foregoing instrument was acknowledged before me by Bret W. Merica and Deb~ie Merica this 18th day Qf December, 2002. Witness my hand and official seal. -----E~~.... fJ {};A ~ tary Public My Commission Expires: November 4. 2006 BRICE E. CASEY - NOTARV PUBLIC IXUm'Œ . IM1I:Œ . IJt:Q WIIIItI ~Clllmållonr.ns J I·"-o~ r.~' : ~·.~·;·~;~ft~ "-_.~ """' B[~~:~: ~::;,::~¡' '·--·OOOJl. -~'V 0930675 Ie¡ RECEIVED LlNCOl.J,! COUNTY CLERK 9029' 6 :.': ~TP 111'1" 3: 1\ I . . .056? Ai,c051..8 SPECIAL WARR,ANTY, DEEU.,r:F·,¡F V~,\qJ:~,E!~ BrIlIK_-----JR\- .....i.·__ .":.i' I·.;!, '.,.. ,I~o TinS DEED, Made this p-:-~ay of September, 2004, between Ending War Foundation, Inc., a Colorado non-profit corporation whose legal address is 2400 Industrial Lane, Ste. 2100, Broomfield, CO 80020 ("Grantor"), and Paul D. HUl whose address is 2425 Cow Camp Road, Stanley, Idaho 83278 ("Grantee"). WJTNESSETH, The Grantor, for and in consideration of the sum of Ten and No/I00 Dollars ($10,00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confinn, unto the Gl1mtee, its heirs, successors and assigns forever, ail the real property, together with improvements, if any, situate, lying and being. in the County of Lincoln, State of Wyoming, described as follows:. ,.\j That part of the NEV. of Section 23, T34N R119W, it being the intent ton10re . correctly describe that tract of record in the Office of the Clerk of Lincoln CoUnty in Book 426PR on page 90, as follows: Beginning at a spìkeon the. west line of said NEV., S 00°03'18" W, 1069.77 feet ITom the northwest corner of saidNEV.; thence S 00°03'18" W, 167.36 feet, along said west line, to a spike; thence S 89°47'38" E, 183.22 feet, along an existing fence line, in part, to a pipe at a fence corner; thence S 00°21 '22" W,64.S3 f.,:et, along an existing fence line, to a point at an existing fence corner; . thence S 89"26'47" E, 101.82 feet, along an existing fence line, to a point at an . existing fence comer; thence N 00012'SI" E, 231.58 feet, along aT! existing fence line, to a point; thence N 89°36'28" W, 285.34 feet to the Spike of Beginning. \1\ 34 d 1.3 also known by street and number as Main Post Office, Thayne, Wyoming 84021-9998 TOGETHER with all and singular' the hereditaments and appurtenances' thereto belonging, or in' anywise appertåining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the 'estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, In and to the above-bargained premises, with the hereditaments and appurtenances, subject to 2004 general real estate taxes, and all easements; declarations, restrictions, reservations, covenants, and pther encumbrances of record as of the date hereof, including but not limited to those Pennitted Exception listed on Exhibit A, attached hereto and made a part hereofby this reference. ./ O~n n()"7r.- ..J'-~ \"") ~ 00044~l ... ." "~'~H_""""" ...., ø .......... ..._....., "." ........- .......... ............ , 090~9jJ; 0529 TO HAVE AND TO HOLD the said premises above-bargained and described with the appurtenances, unto the Grantee, its heirs, successors and assigns forever. The Grantor, for itself, its heirs and personal representatives, does covenant.and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its heirs, successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, by, through or under Grantor. BY ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES AND AGREES THAT IT HAS ACQUIRED THE PROPERTY BASED UPON ITS OWN INVESTIGATIONS, INSPECfIONS AND EXAMINATIONS. EXCEPT FOR GRANTOR'S WARRANTY OF TITLE . AS HEREIN PROVIDED, GRANTEE ACKNOWLEDGES THAT IT HAS NOT RELIED AND DOES NOT RELY UPON GRANTOR OR ANY OF ITS EMPLOYEES OR AGENTS AS TO ANY MATTER RELATING TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO, ZONING, USE, PRESENCE OF HAZARDOUS MA TERlALS, SOIL CONDITION, FLOOD PLAIN DESIGNATION, MECHANICAL, SUFFICIENCY OF UTILITIES, WATER QUANTITY OR QUALITY, INCOME POTENTIAL, AREA OR FITNESS FOR A PARTICULAR PtJRpOSE, AND GRANTEE AGREES IT IS PURCHASING THE PROPERTY "AS IS" AND "WITH ALL FAULTS". IN WITNESS WHEREOF, The Grantor has' executed this Special WalTanty Deed on the day and year first above written. ENDING WAR FOUNDTION, INC., a Colorado non-profit corporation BY~~~~~ STATE OF COLORADO } ) ss. COUNTY OF BROOMFIELD } The foregoing instrument was acknowledged before this 11¡t~7 day of September, 2004, by Sharon K. Eshima, Vice President of Ending War Foundation, Inc., a Colorado non-profit corporation, on behalf of said corporation. Witness my hand and official seal. l ~ £t:. " .., (> t4 . ,( y"... -~ .. '-' / Nota P c .-/ ~ -'-' My commission expires: J -t./-J ODLP SUMMER LYNN'V\JBErA Notary Public Stahl of ColonKlc \1¡¡¡~_\TSouc~IDNIo\P"'O""\SoIo\T1oa""""doIW"""'r_'" ¡t;::~:ß~~~ ~~~F:~:·'-·~ --i~m~ ~~:.~ . ~~:~V:~I~ 0'930675 000442 09029i6 ~. 0530 EXHIBIT A (Pennitted Exceptions) I. Easement for an electric transmission or distributiooline or system and incidental p~rposes granted to Lower Valley Power and Light, Inc. by instrument recorded August 23, 1938 in Book 5 of Mixed Records on page 229 of Lincoln County public records. II. Easement for electric distribution circuits and incidental purposes granted to Lower Valley Power and Light, Inc. by instrument recorded March 22, 1976 in Book 124PR on page 363 of Lincoln County public records. III. Easements, 20 feet in width, for electric distribution circuits, lines and equipment and incidental purposes granted to Lower Valley Energy by instrument recorded August 28, 2000 in Book 451PR on page. 69 of Lincoln County public records. IV. Those facts set forth on Plat of Boundary Adjustment for Charles H. Dana Revocable Trust dated 8 August 1990, Bruce and Brenda Dana Family Trust dated 9 February 1999 and Howard McKim and Martha McKim prepared by Surveyor Scherbel, LTD filed July 20, 1999'as Instrument No. 860127 of Lincoln County public recorctsas follows: 1. Location of U.S. Highway 89¡ 2. Location of fence lines. V. Memorandum of Lease by and between Rusty West, Lessor, and the Uni ted States Postal .Service, as Lessee, recorded January 2, 2001 in Book 457PR on page 748 of Lincoln County public records. I \\CSP·BXCH\Utcß\t11HlG5o\TSO\Ick\Dcab\P0II. or&.\Sw.'na)U\S1*'1aI WIrI'Mtf Deed 10 Buyer.doc: ~~!'~:~'r::'7 ·~f~~~?:~;t :~~:,~ . ~!~~~:<~~ 0930675 000,442 0902916 ~. 0530 EXHmITA (Pennitted Exceptions) I. Easement for an electric transmission or distribution line or system and incidental purposes granted to Lower Valley Power and Light, Inc. by instrument recorded August 23, 1938 in Book 5 of Mixed Records on page 229 of Lincoln County public records. . II. Easement for electric distribution circuits and incidental purposes granted to Lower Valley Power and Light, Inc. by instrument recorded March 22, 1976 in Book 124PR on page 363 of Lincoln County public records. III. Easements, 20 feet in width, for electric distribution circuits, lines and equipment and incidental purposes granted to Lower Valley Energy by instrument recorded August 28, 2000 in Book 451PR on page 69 of Lincoln County public records. IV. Those facts set forth on Plat of Boundary Adjustment for Charles H. Dana Revocable Trust dated 8 August 1990, Bruce and Brenda Dana Family Trust dated 9 February 1999 and Howard McKim and Martha McKim prepared by Surveyor Scherbel, LTD filed July 20, 1999'as Instrument No. 860127 of Lincoln County public recor~sas follows: 1. Location of U.S. Highway 89; 2. Location of fence lines, V. Memorandum of Lease by and between Rusty West, Lessor, and the United States Postal Service, as Lessee, recorded January 2, 2001 in Book 457PR on page 748 of Lincoln County public records. I \Q'·UCH\UødqD'ICW\TSIMICie\Du1i\POIt ollkt\1~n.)"IUI\Spec6ù w......y Deed 10 BII)'Cf.doc 0930675 0004t-1·~1 EASEMENT DESCRIPTION Right-of-Way Easement Description for Town of Thayne Property: BEGINNING at a point being 226.34 feet S89°48'04"E of the Southwest comer of the NWl/4NEl/4 of Section 23, T34N, R1l9W, said comer being 1,370.14 feet NOo051 '02"E of the BLM type Monument marking Koon, King, and Knowlton's location of the Center y,¡ of said Section 23; thence 50 feet S88°48'19"E to an Aluminum Cap; thence 10 feet S87°34'13"E; thence 106.13 feet SOI°06'15"W; thence 60 feet N88°53' 45"E; thence 1 06.44 feet NO 1 °06' 15"E to the point of beginning. Right-of-Way Easement Description for Paul Hill Property: BEGINNING at a point being 216.35 feet S89°50' 50"E of the Southwest comer of the NWl/4NEl/4 of Section 23, T34N, R,119W, said comer being 1,370.14 feet NOo051 '02"E of the BLM type Monument marking Koon, King, and Knowlton's location of the Center y,¡ of said Section 23; thence 60 feet S88°48'19"E to an Aluminum Cap; thence 135 feet NOo052 '09"E; thence 28.67 feet N89°0T 51 "W; thence 46 feet SOo052'09"W; thence 31.33 feet N89°07'5I "W; thence 88.66 feet SOOO52'09"W to the point of beginning.