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Home My WebLink About938729 RECEIVING # 938729 BOOK: 693 PAGE: 690 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY EASEMENT 000690 Elairie H. Dana, as Trustee of the Charles H. Dana Revocable Trust dated August 8, 1990, of Thayne, Lincoln County, Wyoming, grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grants and conveys to Frank B. Borden and Kittie L. Borden, Trustees of the Frank B. and Kittie L. Borden Family Trust dated February 19, 1997, of 1532 Crow Creek Road 141, Afton, WY 83110, grantees, 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. 2. Conditions of this Easement. The conditions of this easement are: -7 '-I '-" a. It is a common easement for the mutual benefit of Grantor and Grantees and their respective lands. Grantees shall not fence the easement without Grantor's prior, written consent. Any and all utilities installed in the easement shall be underground. Grantees shall hold Grantor harmless from any liability, injury, damage or claim by any person whomsoever using or traveling upon the easement, whether or not such use is with or without the permission, consent or knowledge of the Grantees; excepting, however, any such claim arising from the use of the easement by the Grantor or by persons using the roadway with the express permission of the Grantor. Cr ¡ vi...J b. c. d. 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: 000691 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 that tact of record in the Office of the Clerk of Lincoln County in Book 200PR, page 167, as more particularly described on the attached "DESCRIPTION FOR FRANK B. AND KITTlE L. BORDEN FAMILY TRUST, DATED 19 FEBRUARY 1997 BORDEN REPAIR SERVICE TRACT - REVISED", which is incorporated herein by this reference. 4. Description of Easement. The easement is described as follows: A strip of land thirty (30) feet in width within the NE1/4 of Section 23, T34N, R119W, within the Incorporated Limits of the Town of Thayne, Lincoln County, Wyoming, with the northerly line 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 BORDEN THIRTY (30) FOOT 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 grantor 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. t~"j If ~ Elaine H. D~na, Trustee 2 000692 STATE OF WYOMING ss. COUNTY OF LINCOLN On this dJn.d. day Ø;:¡'2008, before me personally appeared Elaine H. Dana, to me personally known, who, being by me duly sworn and put upon her oath, did say that she is the trustee of the Charles H. Dana Revocable Trust dated August 8, 1990, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustee had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustee 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. ....,""tØ"'~.. GERALD L. GOULDING - NOTARY PUBLIC County of Lincoln State of Wyoming !I~oY.~ NOTARY PUBLIC My Commission Expires May 2. 2011 -- My commission expires: S-:-)-;lCII 3 Professional Land SUl'Yeyorl PeIAN. Sc:hetbel Wyo, ROItIr_ No, 164 Ulah Regillrallon No. 1610 IdJlho R.glslrBllon No. 3990 N""". Rogs..1Ion No, 6805 Sea" A. Scherbel Wyo. RegI.tralion No. 3889 Idaho Reglllrallon No. 8026 Utah Registration No. 37211\ MARLOWE A, SCHERBEl Wyo. Raglslrlllon No. 53&8 Survayor &herbel, lTD. Mon. WyomIng B~ Piney, Wyoming Jackaon. WyomIng laYI Hoc Springs. Idaho Monlpelier.ldaho DESCRIPTION FOR FRANKB. AND KITTlE L. BORDEN FAMILY TRUST, DATED 19 FEBRUARY 1997 BORDEN REPAIR SERVICE TRACT· REVISED 00 693 To-wit: - - That part of the NEV. of Section 23, T34N R119W, within the fucorporated Limits of the Town of Thayne, Lincoln County, Wyoming, it being the intent to more correctly describe that tract of record in the Office of the Clerk of Lincoln County in Book 200 of Photostatic Records on page 167, as follows: BEGINNING at a spike on the west line of said NEV., SOO°·03'-18"W, 913.61 feet from the northwest comer of said NE v.; thence NOoo-03'-18"E, 62.00 feet, along said west line, to a spike; thence S88°-49' -22"E, 177.16 feet to a point; thence NOoo-1O'-19"E, 114.21 feet to a point on the westerly extension of the north line of that tract of record in said Office in Book 189 of Photostatic Records on page 614; thence S88°-48' -OO"E, 113.00 feet, along said extension, to the northwest pipe of said tract; thence SOoo-1O'-19"W, 176.16 feet, along the west line of said tract, to a pipe at the southwest comer, thereof; thence N88°·49'-22"W, 290.04 feet, along an existing fence line, in part, to the SPIKE OF BEGINNING; ENCOMPASSING an area of 0.71 acre, more or less; the BASE BEARING for this survey is the west line of the NEV. of Section 23, T34N R119W, being NOO°·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 AFTON WY PLS 5368", with appropriate details; each "pipe" marked by a 1" black iron pipe with a yellow plastic cap inscribed "PE/LS 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 KITTlE L. BORDEN FAMILY TRUST, DATED 19 FEBRUARY 1997 IN THE NEV. SECTION T34N RIl9W )Vft~.JJN THE INCORPORATED LIMITS OF THE TO~/O - ff E LIN~JJ',.~.'~'T!-N.,'~'Ý' WYOM,ING", dated 19 April 2006, as revised. /;/7; ~ /j('>:"'>'/ . ~ (a¡l')~~ /~h ~¿ ~~ r~tIè~%.\ ~e~20r I~ . ~)) "Modification in any way of the fOregoU:1~~dAltfliì'miI1~s liability of the surveyor" PfoIees;onellønd SUfYayon PiI....N. SctIerbctl Wyo. Reglllr8Uon No, 164 Ulah Regl.._ No, 1670 Id8ho Regllll'aUon No. 3990 Nev'" Reglllrltion No. 81HJ5 ScoI1A,_ Wyo, Rogi1l1aUon No, 3689 Idaho RegillrlUon No. 8026 lnah Raglllrllion No. 372111 MARLOWE A, SCHERBEl Wyo, Reglllr_ No, 5366 Surveyo< Scheibel, LTD, Mon, Wyominv 8Iø Piney, Wyomln hellIOn. Wyoming Lavll Hoc Springl, Idaho Monl""..., Idaho DESCRIPTION FOR CHARLES H. DANA REVOCABLE TRUST, DATED 8 AUGUST 1990 FRANKB. AND KITTlE L. BORDEN FAMILY TRUST, DATED 19 FEBRUARY 1997 BORDEN THIRTY (30) FOOT EASEMENT To-wit: - - A strip ofland thirty (30) feet in width within the NEv.. of Section 23, T34N RI19W, within the Incorporated Limits of the Town of Thayne, Lincoln County, Wyoming, with the northerly line described as follows: COMMENCING at a spike on the west line of said NEv.., SOoo-03'-18"W, 614.32 feet from the northwest comer of said NEv..; thence S88°-47' -41 "E 52,84 feet, to a point on the easterly right-of-way line of U.S. Highway 89; thence SOoo-13'-47"E, 123.02 feet, along said easterly right-of-way line to the POINT OF BEGINNING; thence S88°-48' -OO"E, 123.94 feet, to the northern most northwest point of that Borden Repair Service Tract as depicted on that plat of record in the Office of the Clerk of Lincoln County with Instrument No. 860125; 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 AFTON WY PLS 5368", with appropriate details; 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 KITTlE L. BORDEN FAMILY TRUST, DATED 19 FEBRUARY 1997 IN THE NEv.. SECTION 23 T34N Rl W WITHIN THE INCORPORATED LIMITS OF THE TOWN OF THAYNE LINC OUNTY, WYOMING", dated 8 April 1998 and revised ~9,þ~! 006. Lt" /,/ I . q\Ii!"'~tøf1G' /.' .,' / -......., t,9~ /,;ßý'" I ¡ ~C'J A. 'S1t"~~",,. t#' h ~ r¡ 536.!~ '~~. \ 4 February 200 I ~,ß~' ¡~,\ It!) , '-- fór ~UIIolG -t.. .. "Modification in any way of the foregoing description terminates liability of the surveyor" 00 694