HomeMy WebLinkAbout932666
PIPELINE EASEMENT AGREEMENT
000655
Samuel Albry Young and lIa T. Young, Joint Living Trust, dated October 10,
1990, Judith Ann Erickson, Susan Walker and Loretta Dory, Successor Trustees,
hereinafter referred to as "Grantors," for and in consideration of Ten Dollars ($10.00) and
other valuable consideration, in hand paid, receipt of which is hereby acknowledged,
GRANT AND CONVEY to the BoxY Ranch, LLC, of P.O. Box 969, Afton, Wyoming 83110;
hereinafter referred to as "Grantees", the following described perpetual right of way
easement for the following purposes:
1. Purpose of Easement:
This easement is for the purpose of providing a perpetual nonexclusive Thirty
(30) foot wide right of way easement for the construction, operation and
maintenance of underground water pipelines including a culinary line and a
u
hydro line to service Grantee's property as described in paragraph 3 hereof.
-;¡
"",,,'
This easement is not for the purpose of providing or creating a public
easement.
2. Conditions of Easement:
The conditions of this easement are as follows;
(a) It is a nonexclusive easement and the Grantor reserves the right to grant
additional easements to other parties.
(b) The Grantee will be allowed to construct and maintain two underground
pipelines upon the easement that benefits Grantees property and the
pipelines are for culinary use and one for hydro use.
(c) Grantee may only use the described easement for access and utilities to
the lands described in paragraph 3.
3. Property Benefitted by Easement:
This easement is for the benefit of the following described real property of the
Grantees located in Lincoln County, Wyoming:
The property as is more fully described on Exhibit "B" which by this
reference is made a part hereof.
1
RECEIVED 8/31/2007 at 11 :04 AM
RECEIVING # 932666
BOOK: 670 PAGE: 655
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
4.
Description of Easement:
0006.56
The easement is described as follows:
The property as is more fully described on Exhibit A-2 which by this
reference is made a part hereof.
5. Binding Effect:
The terms and conditions of this easement shall be binding upon and inure
to the benefit of the heirs, successors and interest and assigns of the parties
named in this instrument.
6. Waiver of Homestead Rights:
The Grantor hereby waives and releases all rights to the described
easement under and by virtue of the Homestead Exemption Laws of the
State of Wyoming to the extent that any such rights may interfere with the
purposes of this easement.
IN WITNESS WHEREOF, we have set our hands as ofth~3day of August, 2007.
Samuel Albry Young and lIa T. Young, Joint Living Trust, dated October 10, 1990,
Judith Ann Erickson, Susan Walker and Loretta Do , Success Trustees
l~ ~l)cuJ~i
Susan Walker, Successor Trustee
() tU. 7!'a.--
Loretta Dory, Successor
stee
udith Ann Erickson, Successor Trustee
THE STATE OF WYOMING )
)55.
COUNTY OF LINCOLN )
The above and foregoing instrument was acknowledged before me by Susan Walker
and Judith Ann Erickson, Successor Trustees of the Samuel Albry Young and lIa T. Young
Joint Living Trust Dated October 10, 1990 which instrument was signed this 15.ttday of
.~CrI'US\- ,2007.
.
County of
Lincoln
WITNESS my hand and official se I.
BECKY BARBER - NOTARY PUBLIC
State of
Wyoming
My Commission Expires August 31,2010
2
THE STATE OF OREGON )
)ss.
COUNTY OF ~ )
000657
The above and foregoing instrument was acknowledged before me by Loretta
Dory, Successor Trustee of the Samuel Albry Young and lIa T. Young Joint Living Trust
Dated October 10. 1990 which instrument was signed this ~ day of A ~ ,Lsf- '
2007. '
WITNESS my hand and official seal.
!ffYJ~ . J..1 /.~jvl---
Notary Public
~...
_OFFICIAL SEAL
\. . ..".' N~~~~~N.,D:u~~ci~~~~~~~
. COMMISSION NO. 415729
MY COMMISSION EXPIRES MARCH 25. 2011
3
Exhibit B
000658
- 't', -, d· "th" H EWS' N'; ?23 located in Sections 17 and 18, T34N Rl!6W of the 6th P.M., Lincoln COilnty!, Wyoming
"A parcel of land ocate WI In . .. . - " . "
described as follows:' , '
.. C N 1 fH E S No 223 and running thence S 18°08' E, 267.30 feet to Corner No.2 of s~id H.E.S, 223;
Commencmg at orner a. a ... . .'. , '
thence S 58"31' E, 1218:36 feet ta Carner No.3 of H.E.S,. No. 223, " ' , '
thence S 18"11' E, 1150.00 feet; ,
thence S 73"30' W, 164S.75 feet; . ' "
thence N i7°47' W, 718.47 feet to Corner No.6 of H.E.S, No. _23;
thence N 73°42' E, 225.72 feet to Çorner No. 7,of H.E.S. No. 223;
thence N 19°23' W, 1S89.28 feet ta Carner No.8 ofH..E.S. No. .22~;
thence N nooö' E, 660~00 feet to Comer No.1, the pam! of be~mnmg.
~ . --- - - ..--". ." -----.o···\-.....^ ...) .
'H.E: Sürvey No. I IS, embracing a portion of Sections 17, 18 and 20 ofT34N R116W of the 6th P.M., Lincoln County, Wyoming described
as follows: ,
Beginning at Corner No.1 from which U.S. Location Monument No. 37 bears N 9°36' E, 99.77 chains;
thence S 18°43' E, 29.47 chains to Corner No.2;
thence N n"lO' E, 10.08 chains to Corner No.3;
thence S 17°50' E, 40.07 chains to Corner No.4;
{hence S n018' W, 15.18 chains to Corner No.5;
thence N 18"8' W, 9.98 chains to Corner No, 6;
thence S 72 "11' W, 5 chains to Corner No.7;
thence N 18"1' W, 5 chains to Corner No. 8;
Ú1ence S 71"S9' W, 9.52 chains to Corner No.9;.
Ú1enee N 18°35' W, 55 chains to Corner No. 10; .
thence N 73"30' E, 19.99 chains to Corner No. I, the point of beginning.
LESS AND EXCEPT the folJowing described land:
That part of Homestead Entry Survey No. 115 in said T34N R116W of Lincoln ,County described as follows:
Beginning at Corner No.9 of said RES 115 where found a 2" galvanized steel pipe with brass cap inscribed "HESI15 9'1962";
thence N 71" 59' E,the, base bearing for this survey. 588.0 feet along the South line of the said HES 1-1S to a point; , '
thence N 39°01' W, 535.9 feet to a point;
thence S 71"59' W, 400.0 feet parallel to said South line to a point on the West line of said HES 1,15; ,
thence S 18 "35' E, 500.0 feet along the said West line to the corner of beginning; each point being marked by a 2" galvanized steel pipe
30" long ,with brass cap inscribed "PAUL N. SCHERBEL RLS164 BIG PINEY WYOMING 1971" and appropriate details.,
ALSO, LESS AND EXCEPT part of Homestead Entry Survey No. 115 in said T34N R1l6W of Lincoln County, Wyoming described as
follows: '
t..
tJeglnmng al "Ullltor NO, 4 of H, E. Survey No. 115 (said Corner No. 4 being
Sg036'W, 99.77 chains, thence S1B"43'E, 29.47 chains, thence N72°10'E, 10.0B
chains, thence S17"50'E, 40.07 chains from U. S. Location Monument No, 37) and
running thence along the Southerly boundary of H.E. Survey No. 115, S72"1B'W,
198 feet to the TRUE POINT OF BEGINNING, said True Point of Beginning being
.. also the SW corner of that tract of record described in a Warranty Deed recorded in
the office of the Lincoln County Clerk in Book 354 PR, page 647, Recording No.
787203:
,0
Thence along the Southerly boundary of H.E. Survey No. 11S, S72°18'W, 396 feet,
thence N17"SO'W, 220 feet on a line, parallel to the Easterly boundary of said
survey, thence N72°18'E, on a line parallel to the Southerly, boundary of said survey,
396 feet to the NW corner of said tract of record in Book 354 PR, page 647, thence
S17"SO'E along the West boundary of said tract of record,220 feet, more or less, to
the point of beginning.
Exhibit B
Page 2
000659
Also Excepting the following:
That part of Homestead Entry Survey (HES). No. 115, T34N R116W, Lincoln County,
Wyoming, being part of that tract of record in the Off!CE! of the Clerk of Lincoln
County in Book 457 of Photostatic Records on page 302, described as follows
(sometimes referred to as "the Land"):
BEGINNING at a point on the eastern most line of said HESI No. 115, N 17a·50'-22"W,
440.00 feet from Corner No.4 of said HES No. 115;
thence N17"-50':22"W, 86.50 feet, along said eastern most line, to a point;
thence 572°-11 '-17"W, 284.50 feet, along a line parallel with the southern most line of
said HES No. 115, to a point;
thence S17"-50'-22"E, 306.50 feet, along a line parallel with said eastern most line, to
a point on the northern most line of that tract of record in said Office in Book 578 of
Photostatic Records on page 798;
thence N72°-11'-17"E, 86.50 feet, along said northern most line, to the eastern most
point of said tract
thence N17a-50'-22" W, 220.00 feet, along a line parallel with said eastern most line,
to a point;
r,;';'oI
thence N72a-11 '-17"E, 198.00 feet, along a line parallel with said southern most line,
to the POINT OF BEGINNING;
" L{
ENCOMPASSING an area of 1.00 acre, more or less;
,,~
; !.I-
... the BASE BEARING for this survey is the line between Comer No.9 and Corner No.
10 of said HES No. 115, being N18'-35'-00"W;
Exhibit B
Page 3
Also Excepting the following:
000660
That part of Homestead Entry Survey (HES) No. 115, T34N R116W, Lincoln County,
Wyoming, being all of thattract of record in the Office of the Clerk of Lincoln County
in Book 354 of Photostatic Records on page 647, described as follows:
BEGINNING at corner No.4 of said HES No. 115;
thence N17°-50'-22"W, 220.00 feet, along thé eastern most line of said HES No. 115,
to a point;
thence S72'-11'-17"W, 198.00 feet, along a line parallel with the southern most line of
said HES No. 115, to the northern most point of. that tract of record in said Office in
Book 578 of Photostatic Records on page 798;
thence S17°-50'-22"E, 220.00 feet, along the eastem most line of said tract, to the
eastern most point of said tract in Book 578;
thence N72° -11 '-17"E, 198.00 feet, along said southern most line, to the CORNER
OF BEGINNING;
\ \..,
!-'
ENCOMPASSING an area of 1.00 acre, more or less;
'.
,./
the BASE BEARING for this survey is the line between Corner No.9 and Comer No.
10 of said HES No. 115, being N18°-35'-00"W;
¡.
That part of Homestead Entry Survey (HES) No. 115, T34N R116W, Lincoln County,
Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln
County in Book 457 of Photostatic Records on page 302, described as follows:
BEGINNING at a point on the eastem most line of said HES No. 115, N170-50'-22"W,
220.00 feet from Corner No.4 of said HES No. 115;
thence N17°-50'-22"W, 220.0~ feet, aiong said eastern most line, to a point;
thence S72°-11'-17"W, 198.00 feet, along a line parallel with the southem most line of
said HES No. 115, to a point;
thence S17"-50'-22"E, 220.00 feet, along a line parallel with said eastem most line, to
the northern most point of that tract of record in said Office in Book 578 of
Photostatic Records on page 798;
thence N72°-11 '-17"E, 198.00 feet, along a line parallel with said southem most line to
the POINT OF BEGINNING;
ENCOMPASSING an area of 1.00 acre, more or less;
l.:
the BASE BEARING for this survey is the line between Comer NO.9 and Comer No.
10 of said HES No. 115, being N18'-35'-00"W;
I
'0
EXHIBIT "A"-.:t
000661
LEGAL DESCRIPTION FOR
BOX Y RANCH LLC
PIPE LINE EASEMENT
L. '
A strip of land for construction, operation, and maintenance of underground water
pipe line, being 30 feet in width and located within Homestead Entry Survey
Number 115 of Township 34 North, Range 116 West, Lincoln County, Wyoming,
lying 15 feet to either side of the following described centerline:
BEGINNING on the westerly boundary line ofHES 115 ata point
which is N18°35'W a distance of 40 1 feet from Comet NO.9 of
said RES 115, said point of beginning also being on the westerly
boundary line of the Young property as described in that deed of
record on Page 128 of Book 310PR in the Office of the Lincoln
County Clerk and alternately described as being located S31 °57'E
a distance of 1495 feet from the Northwest Comer of Section 20,
T34N, R116W; and run.ning
THENCE N27°04'E a distance of 116 feet;
THENCE N25°58'E a distance of24 feet, more or less, to the
northerly boundary line of the said Young property.