HomeMy WebLinkAbout935749
ACCESS AND UTILITY EASEMENT
000778
Willard G. Hoopes and Jean K. Hoopes, individually and Willard G. Hoopes and
Jean K. Hoopes, as Trustees of the Willard G. Hoopes and Jean K. Hoopes Family
Revocable Trust, dated December 21,2005, of 24 North Fairview No Rd, Afton, Lincoln
County, Wyoming, Grantors, for and in consideration of Ten Dollars ($10.00) and other
good and valuable consideration, in hand paid, receipt of which is hereby acknowledged,
GRANT AND CONVEY to George L. Linford Family Revocable Trust, dated August
24, 2004; Don George Linford and Maria Carmem Ferreira, husband and wife, as
tenants by the entireties; Chris H. Hunsaker and Geralee L. Hunsaker, husband and
wife, as tenants by the entireties; Troy L. Clawson and Julie L. Clawson, husband and
wife, as tenants by the entireties; Brent A. Clawson and Melinda J. Clawson, husband
and wife, as tenants by the entireties and Allen Keith Brown and Ruth M. Brown, Co-
Trustees of the Allen Keith Brown and Ruth M. Brown Trust, dated May 10, 1984, of
Lincoln County, Wyoming, Grantees, the following described perpetual access right-of-way
and utility easement for the following purposes:
~
0:::
:E W
(l, 0:::
N W
..- co :E
N_~o::::E
..- ..." ~ W W
+-' 'lilt .. Z ~
ro......w
I'- &t) <9 <9 ~ 2
0("')«:;£0::: .
oØ)Q.>w
N ..J
;::'*1: Wo
N z a.
Ñ<9 z~
..-z «z
c~~~::>
ww 0
>o~ 0
jjjwQ z b
uC::::o ..J .
w (D 0
a:; ~
:::::¡
1.
PURPOSE OF EASEMENT. This easement is for the purpose of providing
a perpetual right-of-way, access and utility easement for ingress, egress, and
all utilities to the properties described in paragraph 3, including the right to
construct and maintain a roadway to provide that ingress and egress and for
all utilities. This easement is not for the purpose of providing or creating a
public right-of-way or access to any other lands other than those described
in paragraph 3 hereof.
CONDITIONS OF THIS EASEMENT. The conditions of this easement are:
It is a common easement for the mutual benefit of all Grantees, their
successors and assigns and their respective lands as described in paragraph
3 hereof.
It shall be the responsibility of the Grantees and their successors and assigns
to fence the easement on the easterly boundary thereof and to maintain said
fence in a good and workmanlike condition.
c.
All Grantees are mutually responsible for any and all cost of construction and
maintenance of a road upon the easement that benefits their respective
property. Each of them agrees to pay their reasonable and fair share of such
construction and maintenance annually or at such other time as all of them
agree. If any of them fails to pay their reasonable and fair share, one or
more of the others may bring legal action pursuant to this easement to
compel such payment. In any such legal action, the prevailing party may
recover their reasonable attorney's fees and costs in addition to any other
relief granted.
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:
000779
a. The George L. Linford Family Revocable Trust, dated August 24, 2004 and
Don George Linford and Maria Carmem Ferreira property;
That property as described on Exhibit "A" ,a copy of which is attached hereto
marked Exhibit "A" and by this reference made a part hereof.
b. The Chris H. Hunsaker and Geralee L. Hunsaker property;
Part of Section 4, T31N R119W of the 6th P.M., Lincoln County, Wyoming
being more particularly described as follows:
Beginning at a point which is 26 feet West and 150 feet North of the
Southeast corner of said Section 4 (said beginning point also being the
Northeast corner of the Mont Brown tract); and running thence North 298
feet; thence West 140 feet; thence South 198 feet; thence East 16 feet;
thence South 100 feet to the Northwest corner of the Mont Brown tract;
thence East, alçmg the North boundary line of said Mont Brown tract, 124
feet, more or less, the point of beginning.
c. The Troy L. Clawson and Julie L. Clawson property;
DESCRIPTION - South 4.225 Acres
A portion of the SEXSEX of Section 4, T31 N, R119W. 6 th P.M., Lincoln
County, Wyoming being more particularly described as follows:
BEGINNING at a point in the East line of said Section 4, said point being NO
56'E 679.18 feet from the Southeast Corner of said Section 4; thence West
286.00 feet; thence NO 56'E 642.67 feet, to a point in the North line of said
SEXSEX thence; N89 37.21 'E, along last said North line, 286.04 feet to the
Northeast corner of said SEXSEX; thence SO 56'W, along the East line of
said SEXSEX, 644.55 feet to the point of Beginning, containing 4.225 acres
of land.
d. The Brent A. Clawson and Melinda J. Clawson property;
DESCRIPTION - North 16.162 Acres
A portion of the West half of the West half of Section 4, T31 N, R119W, 6 th
P.M., Lincoln County, Wyoming being more particularly described as follows:
BEGINNING at a point in the South line of the NEXSEX, said point being
517.24 feet S89 37'21 "W from the Southeast Corner of the NEXSEX of said
Section; thence NO 56'E 1686.67 feet; thence N89 37'21"E 236.74 feet;
thence SO 56'W 473.12 feet; thence N89 37'21 "E 251.26 feet; thence SO
56'W 1213.55 feet to a point in said South line; thence S89 37'21 "W to the
Point of Beginning, containing 16.162 acres of land.
e. The Allen Keith Brown and Ruth M. Brown Trust, dated May 10, 1984
property;
BEGINNING at the Southeast corner of the Northeast Quarter of the
Southwest Quarter of Section Three, T31 N, R119W of the 6th P.M., Wyoming
and running thence West One Hundred Sixty One & 44/57 rods; thence North
Seventy-three and 17/31 rods; thence East One Hundred Eight and 44/57
rods; thence South Seventy Two and 17/31 rods; thence East Fifty Three
rods; thence South One rod to the place of beginning, being a tract of land
Fifty Acres and Fifty Three square rods of land, more or less.
4. DESCRIPTION OF EASEMENT. The easement is described as follows:
000780
That property as more fully described on that document entitled Description
for Willard G. Hoopes and Jean A Hoopes Access and Utility Easement, a
copy of which is attached hereto marked Exhibit "B" and by this reference
made a part hereof.
5. RELINQUISHMENT OF PREVIOUS EASEMENT. All of the Grantees and
their respective lands that are involved in this easement, agree that the
easement described herein replaces in full that certain easement as more
fully described on the attachment entitled Description for George L. Linford
Family Revocable Trust, dated August 24, 2004 et al Relinquishment of
Access and Utility Easement, a copy of which is marked Exhibit "C" attached
hereto and by this reference made a part hereof and all of the Grantees do
hereby agree that the easement described herein replaces in full the
easement identified on Exhibit "C" and do hereby relinquish any and all
interest in said easement for themselves, their heirs and assigns and their
respective lands.
6. BINDING EFFECT. The terms and conditions of this easement shall be
binding upon and enure to the benefit of the heirs, successors in interest, and
assigns of the parties named in this instrument.
7. WAIVER OF HOMESTEAD RIGHTS. The Grantors hereby waive and
release all rights to the described easement under and by virtue of the
homestead exemption laws of the State of Wyoming to the extent that such
rights may interfere with the purposes of this easement.
IN WITNESS WHEREOF, we have hereunto set our hands as of this;J1Î~
of (\ D\JI(,~,\
day
,2007.
GRANTORS:
Willard G. Hoopes and Jean K. Hoopes, Individually and the Williard G. Hoopes and
Jean K. Hoopes Family Revocable Trust, dated December 21, 2005,
~..¿a'w 'If" ;rh'-ó1!!dJ
Je K. Hoopes, Individually and as Trustee
STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
000781.
The foregoing instrument was acknowledged before me by Willard G. Hoopes and
Jean K. Hoopes, Individually and as Trustees of the Willard G. Hoopes and Jean K.
Hoopes Family Revocable Trust, dated December 21, 2005, this 0' day of
\)t\ðr.wv , 2007.
WITNESS my hand and official seal.
County 01
Lincoln
State 01
Wyoming
~~bm¿
Notary Publi
BECKY BARBER - NOTARY PUBLIC
My Commission Expires August 31,2010
GRANTEES:
George L. Linford Family Revocable Trust, dated August 24, 2004
~
~.i~A4/
STATE OF WYOMING )
)ss.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by George L. Linford and
Linda H. Linford, Trustees of the Keorge L. Linford Family Revocable Trust, dated
August 24,2004, this ~day of '(\o~ ,2007.
,
WITNESS my hand and official seal.
County of
Lincoln
State 0'
Wyoming
~\~~
Notary Pùblic \ \
~
\'"
BECKY BARBER· NOTARY PUBLIC
My Commission Expires August 31, 2010
.....oJ /
eira Linford
STATE OF
)
)55.
)
COUNTY OF
000782
The foregoing instrument was acknowledged before me by Don George Linford
and Maria Carmem Ferreira Linford, this _ day of ,2007.
WITNESS my hand and official seal.
¿L#~~
Chris H. Hunsaker
~CtClQ ~ )f ();vv~
Geralee L. Hunsaker
STATE OF WYOMING )
)55.
COUNTY OF LINCOLN )
Notary Public
The foregoing instrument was aCknO~;dged before me by Chris H. Hunsaker and
Geralee L. Hunsaker, this dlok1dayof ~,~ ,2007.
WITNESS my hand and official seal.
BECKY BARBER - NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires August 31,2010
~ê~A~
Troy L. Clawson
--"
STATE OF WYOMING
)
)55.
)
COUNTY OF LINCOLN
~~
Notary Public \ l
The foregoing instrument was ljnoWledged before me by Troy L. Clawson and
Julie L. Clawson, this (/YJ day of ~ ()/~mbt.'( ,2007.
000783
WITNESS my hand and official seal.
BECKY BARBER· NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
7
STATE OF WYOMING
)
)ss.
)
COUNTY OF LINCOLN
The foregoing instrument was aCk~Wledged before me by Brent A. Clawson and
Melinda J. Clawson, this cJCJ#I day of t-\o\::lL"'--" , 2007.
WITNESS my hand and official seal.
County of
Lincoln
State of
Wyoming
~~~L
Notary Public\ '-
BECKY BARBER· NOTARY PU8L1C
My Commission Expires August 31, 2010
The Allen Keith Brown and Ruth M. Brown Trust, dated May 10, 1984
,.~
~J~) '/tux1iÚ
Allen Kelt Brown, Trustee
000784
~¡-}J)r¿~, ,;¡'~
th M. Brown, Trustee
STATE OF CALIFORNIA )
)ss.
COUNTY OF )
The foregoing instrument was acknow before me by Allen Keith Brown and
Ruth M. Brown, Trustees of th n Keith Brown and Ruth M. Brown Trust, dated
May 10, 1984 this _ d , 2007.
WITNESS my hand and official seal.
~. /r1T1re(fr?O tV D?1rf..J .,f ê{<./lJ1N U~ U f!JJI
Notary Public
Jl
ACKNOWLEDGMENT
000785
State of Califpr_nia A {)a ,.
County of ~ 4e.~ .
On _Ðe-t, 81, ~®t' before me, fbttri Úa A-nlJ f(.efJCh, Nohfl{ Pulolt'~
(here insert name and title of tftt officer)
personallyappearedJllen ¿e,fY¡ BrvLÙ{) and WVJ f\lL
~roLO()
39rSg : ally I(ROml lo tllC (or proved to me on the basis of satisfactory evidence) to be
WITNESS my hand and official seal.
the person(s) whose name(S)~ubscribed to the within instrument and
acknowledged to me that ~xecuted the same in l:Hefheeuthorized
capacity(ies), and that by l=tietfle@Dsignature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
) ..- - . . . - - . pÀT~èià ÃNÑ i=RêÑè¡'¡ I
... COMM. # 1469277
! . . Notary Public - California i
LOS ANGELES COUNlY ...
My Commission Expires Feb. 9, 2008
Signature ~
(Seal)
!
¡
J
Prolu:m;omlllJuld SUlveynn;
Paul H. 8(~\luhel
Wyo. flo{ll$hnlion 1'10. 16'1
IHllh fleOlslrulloll No. 16711
Itlnho floUi61rnll01l No. 3UOO
Novodn flools"nllnll No. 611( 5
81;011 A. SrJlßlhol
Wyn. FloOi.lllllion No. 311011
Idl1ho Hcglsln\lion No. (J(I~m
IIllIh neulshllllon No. 372111
lvIilrlLOWE 1\. 9CIIEnOEI.
IN)'o. nO¡lislmllon No. 5:\611
SUlveyor SI~lHlhul. 1.1'0.
Alion. W)'omln{l
iJlU Pilley, Wyomln{l
.lool"on. Wyoming
Lovn 1101 S¡¡finus. Illnl...
"""nilll,li"r. 1,lnho
DlGSCRD"TION FOR
Gl~dRGl~ L. LINForU) lï'AMILY :REVOCABl,E TRUST
D.A.TKD 1,t/ AUG1TS'T' 200t.!
Do.N LINlï'ORD TRACT
000786
T'o-wit: - -
'1'hat ,pmt of the SE'/tSry-'j.¡ of Section £I, 'T'31NRI19W, Lincoln CqÜnty, Wyomjng~ being
part of that tn)ct of record in the Oftìce of the Clerk of Lincoln County in Book 566 of
Photostatic Records on page 331, 'described as follows:
BEGINNING at a pOIl'lt on tbe east line of said Sl:lJ/.ISEv'I, 1'-100°-56'-00"13" 448.00 feet,
froTn the SOlltheast cornel' of said Section 4;
thence N90o..·00'-00"W, 286.00 feet, to a point;
thence. NOoo-56' ..·OO"E, 231.1B..feet, to a point;
thence N900-00'-00"[I:, 2R6.00 feet, to a point on the east line ofsaic1. S1:!,\l.tSEWI;
thence SOoo-56'-00"W, 231.18 leet¡ along saiel east lin~, to the POINT OF BU:CINNING;
'ENCC}{v(P ASSll'fG an area of 1.52 acres, more or less;
tho BASE BEARINCJ lor thi.s survey is the east line of the SEJI4 of Section £I, 'I'3'lN
RJ 19W, being NOoo-56' -00"[':.
'l'OGE'I'HI.Œ.. with Lhe rjght of ir~gress and egress described 11'1 easement recorded in sa.id
Otllcein 1300k 270 Photostatic lZecorcls on page 593.
. each "corner" [(¡unci as described in the Corner Record nled or to he filed in the Office of
the Cler.k of Un coin county;
each "point" marked by (1 5/W' x 24" steel reinl:è.)t·ciqg rod with a 2» aluminum cap
, '1 . ·1 «S"'1 J··¡'J·\II..··v·()·¡) S'C'·l··¡·[~·lYI3I"'l· "I' '1'·1) \J""'I'O'N \1T,r 1Y[' S C] "8" '1' '
H1SCfuec, ,.. _'- .:.',l .,-, ,.".:.',\:.~',.J ".J. I.'. " ,'\.l ...JXÔI , V{[Ll appropl'late
cletail~;;
an in accordance with the .plat prepared to be :l:ile.clln. the OfT1ce of the Clerk of Lincoln
County titled, (c:F.AIvITL Y. EXEJvfP'I' TRACfFOR GEO.RGE L. LINFORD FAMILY
REVOCABLl2 TRUST DATED 24 AUGUS'I' 2004WITHJN 1'1112 SE\I.¡SEv.1 SECTION 4
T31N ~U 19W LINCO:C;N cour.rry¡· }~NYOMING", elated 16 July 2007, as revised.
. ,//7 // .Y .7 / .
~//' Jr /1'
/ ''''''/,1' /. /1' / / /7'
/ 1" Î?:¡ , / ~f' ,/' tf./ -:? ¿.f tð~.
/ ,,1 .".. // ,/./ / U'\\\!\19' ~4'þ.n, .
,,-w .,.~fr / ..~I -;''' ", :' r ~~¡~r:->, ,,"'" 01" . ',J" . ~;r.,-.4~ 't;
/0f::J."¡.~1::'~C(.~ff-:/;';ý:,.,..tL/'/!.¡¡i/l~/ (D, # ~' (I) ¡t\. fi~ .4JI<w
/~/ I /' ,,~ , 'ß'~' '1'C~ "'þ
/ ~ b ~ (. p
/') A1IO·lJS"'·l· 2" o()r¡ ¿'''-' f~· ,.rt ~8 . ID
/~.. t,.... Q ~ ,( ?' (, "ft
0-J'~) ill ~
~ !~
< .
.. '.\ - .
\..!?l9lfJ~·t_.o I
....,» ",,"
····,..~~!.øT;;(;
'¡jþ''I¡l
1í..j 'IIk
. . )\~
", ¡'I=- _.-'
~:~J1j#~ ~\ ./ . .
.t' ~ 'Ut~~m;i~},~~;o" ",.,,,,,~,,,,,_,,," , . ItI"''''1 !....t'''''II''
. --.- . .. ... ,,-.
II
"Ivloclirication in anv wav of thE) :orf:-1C1oinn døsr,rinlion IHI'ITlinnIAS linhililv n ·lhA Sllr\l(~\lr"¡r"
Prolesslollal Lalld Surveyors
Paul N. Seherbel
Wyo. Roglsfralioll No. 164
Ufah Regislralioll No. 1670
Idaho Regisfralioll No. 3990
Navada Ragislralion No. 6805
Seoll A. Sehe,boi
Wyo. Rogisfralion No. 3869
Idaho Reglsfralioll No. 0026
Ulah Rogisiralioll No. 3i:!11 I
MARLOWE A. SCHERBEL
Wyo. Regislrallon No. 5366
Surveyor Seherbel, LTD.
AIIoll, Wyomillg
Big Piney, Wyomlllg
Jlleksoll, Wyomlllg
Lava 1'10.1 Sprillgs, Idaho
MOlllfJeliar, Idaho
DESCRIPTrON FOR
WILLARD G. HOOPES AND JEAN K. HOOPES
ACCESS AND UTILITY EASEMENT
000787
To-wit: - -
A strip of land within the SWv..SWl¡4 of Section 3, T31N R119W, Lincoln County,
Wyoming, described as follows:
The west twenty-six (26) feet of said SWv..SWv..;
the easterly right-of-way line of the above described easement to be shortened or
lengthened as necessary to create a continuous easement with a minimum width of twenty-
six (26) feet to meet the north line of said SWv..SWv.. and the south line of said
SWl/4SWY4;
a,U in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln
County titled, "CHRIS H. HUNSAKER AND GERALEE L. HUNSAKER AND DOUG
REYNOLDS PLAT OF TRACTS AND ACCESS AND UTILITY EASEMENT WITHIN
THE SWl¡4SWl¡4 SECTION 3 SEl¡4SEl¡4 SECTION 4 T31N Rl19W LINCOLN COUNTY,
WYOMING", dated 16 August 209-7J~"as levised. /':::-"t',t>"",
/~ ~ï ","',fþh:tß' ""4j)¡'~'r.':'''''''
~. " ~ "¿' ~ ~ /.; I~~~':';;'~;-:¡;,\':'"¡'~':;: '~'\'\
Ø/, / I. ~;¡: "f / 7. '~/ ( f l:, I~"P" "5'~f;'¡ 'ì'I';~<:ì '(,.0;, \
// z_/ '/ J .~. ~ ;. ~~ ~~.'l:~ .t1~:\; ~rJ \
,1,1.. ::t (,)". ~~ ""æ.'.
/tb ü,. /, /. ~~ . ç¡0'; '!!. g\
/fseptember 200~,;-/ \~ '~ )
.\ O(~tÐ~-O /
."..... bZ,'~~,,- /
~OIVJlNG ...-/
IX
~
';'
\TR\31-119-4\George Linford
"Modification in any way of the foregoing description terminates liability of the surveyor"
Profossional land Slllveyors
Paul N. Scherbel
Wyo. Regislratlon No. 16,1
Ulah Regislralion No. 1670
Idaho Reglslratlon No. 3990
Nevada 11eglslrallon No. 6805
Scoll A. Scherbel
Wyo. Regislrallon No. 3089
Idaho Regislratlon No. 8026
Ulah RcgisU·olion No. 372111
MARLOWE A. SCHERBEL
Wyo. Roglslrallon No. 5360
SUlvoyor Scherbel, LTD.
AUon, Wyomln9
Big Piney, Wyoming
Jackson, Wyoming
Lava Hol Springs, Idaho
MonllJeller, Idaho
DESCRIPTION FOR
GEORGE L. LINFORD FAMILY REVOCABLE TRUST,
DATED 24 AUGUST 2004,Et al.
RELINQUISHMENT OF ACCESS AND UTILITY EASEMENT
000788
To-wit: - -
A strip of land within the SE\/,¡SEV4 of Section 4, T3lN Rl19W, Lincoln County;
Wyoming, described as follows:
The çast twenty-six (26) feet of said SE1¡4SE1¡4;
the westerly right-of-way line of the above described easement to be shortened or
lengthened as necessary to create a continuous easement with a minimum width of twenty-
six (26) feet to meet the north line of said SE\/,¡SE\/,¡ and the south line of said SEv..SEv..;
a~l in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln
County titled, "CHRIS H. HUNSAKER AND GERALEE 1. HUNSAKER AND DOUG
REYNOLDS PLAT OF TRACTS AND ACCESS AND UTILITY EASEMENT WITHIN
TI-IE SWv..SWv.. SECTION 3 SEv..SEy,j SECTION 4 T31N R119W LINCOLN COUNTY,
WYOMING", dated 16 A. ugust· 2007;1;as reV-ise d) / .
"7 /. ,/,.I I
~/.~ð/%/~ ;;/ //;/;f r¿
/ . ~Ú/7'~¿ ð '- ,//./- 1£?,éP
!/ r{/t/' ,/ _~
./ /". on,9i íL.f1f.~ "''''~
?-7 September 2007'/ , .....~....--..:.fj1,'¡:/'\
~ ~ol/J.~ø A. ~~t'~<;j):!~~..\
~. q} 5.168·;f~· -tv \
,Q,:j~".., 4",f.,)
¡: ' ø Ó
.i . ¢O ~
"
I
.. I
,~:, -I·, /
~Ol'jÌi~~61.....r/·
NtV
t~;
~..
, ~ :"
. ., ..
\TR\31-l19-4\George Linlord
'¡Modification in any way of the foregoing description terminates liability of the surveyor"