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Home My WebLink About938728 EASEMENT 000685 Frank B. Borden and Kittie L. Borden, as Trustees of the Frank B. and Kittie L. Borden Family Trust dated February 19, 1997, of Afton, Lincoln County, Wyoming, grantors, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grant and convey to Elaine H. Dana, Trustee of the Charles H. Dana Revocable Trust dated August 8, 1990, of PO Box 297, Thayne, WY 83127, grantee, the following described non-exclusive, perpetual right-of-way easement for the following purposes: 1. Purpose of Easement. This easement is for the purpose of providing a perpetual non-exclusive right-of-way easement for ingress and egress and all underground utilities from U.S. Highway 89 for benefit of the property described in Paragraph 3 including the right to install, construct, reconstruct, repair, replace and maintain a roadway and all underground utilities, and including the right to inspect the easement. /] C\ )' 2. Conditions of this Easement. The conditions of this easement are: a. It is a common easement for the mutual benefit of Grantors and Grantee and their respective lands. Grantee shall not fence the easement without Grantors' prior, written consent. Any and all utilities installed in the easement shall be underground. I Grantee shall hold Grantors hi· armless from any liability, injury, damage or claim by any person whomsoever using or traveling upon the easement, whether or no~ such use is with or without the permission, consent or knowledge of the Grantees; excepting, I however, any such claim arising rrom the use of the easement by the Grantors or by persons using the roadway with the express permission of the Grantors. I ,; b. c. d. 3, Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantee in Lincoln countt, Wyoming: ' I i RECEIVED 5/5/2008 at 11 :52 AM RECEIVING # 938728 BOOK: 693 PAGE: 685 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000686 That part of the NE1/4 of Section 23, T34N, R119W, within the Incorporated Limits of the Town of Thayne, Lincoln County, Wyoming, it being the intent to more correctly describe a part of that tract of record in the Office of the Clerk of Lincoln County in paragraph (1) in Book 291 PR, page 663, as more particularly described on the attached "DESCRIPTION FOR CHARLES H. DANA REVOCABLE TRUST, DATED 8 AUGUST 1990 DANA STORE TRACT - REVISED", which is incorporated herein by this reference. 4. Description of Easement. The easement is described as follows: That part of the NE1/4 of Section 23, T34N, R119W, within the Incorporated Limits of the Town of Thayne, Lincoln County, Wyoming, as more particularly described on the attached "DESCRIPTION FOR CHARLES H. DANA REVOCABLE TRUST, DATED 8 AUGUST 1990 FRANK B. AND KITTlE L. BORDEN FAMILY TRUST, DATED 19 FEBRUARY 1997 SHARED ACCESS EASEMENT", which is incorporated herein by this reference. 5. Binding Effect. The terms and conditions of this easement shall be binding upon and inure to the benefit of the heirs, successors in interest and assigns of the parties named in this instrument. 6. 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 the 3rd day of April, 2008. ~k/Þ~ Frank B. Borden, Trustee ~;~.~à-~~,~,,~ Kittfe L. Bord~, Trustee 2 STATE OF WYOMING 000687 ss COUNTY OF LINCOLN On this ;;g¡.-f, day of April, 2008, before me personally appeared Frank B. Borden and Kittie L. Borden who are the trustees of the Frank B. and Kittie L. Borden Family Trust dated February 19, 1997, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustees had the authority pursuant to the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledged said instrument to be the free act and deed of said trust. Given under my hand and notarial seal the day and year first above written in this certificate. ~t'"r,~' GERALD L. GOULDING· NOTARY PUBLIC County of Lincoln State of Wyoming ~cY~ NOTARY PUBLI My Commission Expires May 2, 2011 My commission expires: j~ ;).- d-tJ 1/ 3 Profesllonall.nd Survevon PaulN.ScheIbeI Wyo. RegIaIr'IIon No, 16' U~h RovItll1ollon No, 1870 Idaho RegIaIr,lIon No, 3990 Nov"'. R..- N~ 8805 ScoCtA.Sd>efbo' Wyo., RogiIlI1ollon No, W9 Idaho RovIt_ No, 8026 U~h Regi"'_ No, 372111 MARLOWE A, SCHERBEL Wyo., Regill'''IIon No, 5388 Surveyor Scherbel,lTD. Anon, Wyoming B~ PkMy, Wyomông Jackaon, Wyo.ming LIVI HoI SprIngs, Idlho Monlpeller, ldlho DESCRIPTION FOR CHARLES H. DANA REVOCABLE TRUST, DATED 8 AUGUST 1990 DANA STORE TRACT - REVISED 00068 To-wit: - - That part of the NEY. of Section 23, T34N RI19W, within the Incorporated Limits of the Town of Thayne, Lincoln County, Wyoming, it being the intent to more correctly describe a part of that tract of record in the Office of the Clerk of Lincoln County in paragraph (I) in Book 291 of Photostatic Records on page 663, as follows: BEGINNING at a spike on the west line of said NEY., SOoo-03'-18"W, 614,32 feet ITom the northwest corner of said NE Y.; thence S88°-47' -41 "E, 290.20 feet to a point on a west line of that tract of record in said Office in Book 281 of Photostatic Records on page 358; thence SOoo-02' -06"E, 122.99 feet, along said west line, to the northwest pipe of that tract of record in said Office in Book 189 of Photostatic Records on page 614; thence N88°-48'-00"W, 113.00 feet, along a westerly extension of the north line of said tract, to a point; thence SOoo-IO'-19"W, 114.21 feet to a point; thence N88°-49'-22"W, 177.16 feet to a spike on the west line of said NEY.; thence NOoo-03'-18"E, 237.29 feet, along said west line, to the SPIKE OF BEGINNING; ENCOMPASSING an area of 1.28 acres, more or less; the BASE BEARING for this survey is the west line of the NEY. of Section 23, T34N R119W, being NOoo-03'-18"E; SUBJECT to an easement for U.S. Highway 89; each "corner" found as described in the Corner Record filed in the Office of the Clerk of Lincoln County; each "spike" marked by a 3/8" X 12" steel spike and referenced by a 5/8" X 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "point" marked by a 5/8" X 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "pipe" marked by a 1" black iron pipe with a yellow plastic cap inscribed "PElLS 698"; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT' OF BOUNDARY ADJUSTMENT AND REVISED EASEMENT FOR CHARLES H. DANA REVOCABLE TRUST, DATED 8 AUGUST 1990 FRANK B. AND KITTIE L. BORDEN FAMILY TRUST, DATED 19 FEBRUARY 1997 IN THE NEY. SECTION 23 T34N R119 WITHIN THE INCORPORATED LIMITS OF THE TOWN 8F T A YNE:àIN ,/' ,,c,. , "OM. ING", dated 19 April 2006 as revised. ~/ / ~'"' (('1 . ,,' A ~ '~G ' V· "'.....4.' :) /, /.', 5368 ",~ '". /i A// : ~' (;\~: ~ //./ !it\ ,,:\ , '. February 20" l . ¡ ¡ '\...~ / "Modification in any waypf th~f1esefrPtion terminates liability of the surveyor" Professional Lend Surveyors Paul N. Scheibel Wyo. RlIgfllratlon No. 164 U1ah RogIs"1Ion No. 1670 Idaho Regillr8110n No. 3990 N"'d RtgistrllIon No. 6105 Scot. A. Scheobol Wyo, RogIs..1Jon No, 3889 Id.ho Regi1lrot1on No, 8026 Utah Reglslratlon No. 312111 MARLOWE A. SCHER BEL Wyo, Regl.".lIon No. 5388 5.....,.,5_,l1O, AIIon, WyomIng Big Pine,,_ Jackson, Wyomrng leYI HoI Springs, Idaho __,Id'ho DESCRIPTION FOR CHARLES H. DANA REVOCABLE TRUST, DATED 8 AUGUST 1990 FRANK B. AND KITTlE L. BORDEN FAMILY TRUST, DATED 19 FEBRUARY 1997 SHARED ACCESS EASEMENT 0006 9 To-wit: - - That paJ1 of the NEY.. of Section 23, T34N RI19W, within the Incorporated Limits of the Town of Thayne, Lincoln County, Wyoming, described as follows: COMMENCING at the westerly most northwest spike of that Borden Repair Service Tract as depicted on that plat of record in the Office of Clerk of Lincoln County with Instrument No. 860125 on the west line of said NEY.., SOoo-03'-18"W, 851.61 feet from the northwest comer of said NEY..; thence S88°-49'-22"E, 54.02 feet, to the POINT OF BEGINNING, on the easterly right-of-way line of U.S. Highway 89; thence S88°-49'-22"E, 123.14 feet, along the north line of said tract, to a point; thence NOoo-10'-19"E, 114.21 feet, along a west line of said tract, to a point; thence S88°-48'-00"E, 30.00 feet, along a north line of said tract, to a point; thence SOoo-IO'-19"W, 115.84 feet, along a line parallel with a west line of said tract, to a point; thenceS60o-27'-54"W, 45.74 feet, to a point; thence N88°-49'-22"W, 113.24 feet, to a point on said easterly right-of-way line; thence NOoo-13'-47"W, 25.01 feet, along said easterly right-of-way line, to the POINT OF BEGINNING; the BASE BEARING for this survey is the west line of the NEY.. of Section 23, T34N Rl19W, being NOoo-03'-18"E; each "comer" found as described in the Comer Record filed in the Office of the Clerk of Lincoln County; each "spike" marked by a 3/8" X 12" steel spike and referenced by a 5/8" X 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; 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;