Loading...
HomeMy WebLinkAbout939851 · ''''''~I ......., 'WI I ., _V,",V '..n I......,u I IV. RECEIVING # 939 <¡I; I BOOK: 697 PAGE: 499 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY BOUNDARY AND FENCE AGREEMENT Ü00499 7-<' ~" ,,' THIS BOUNDARY AND FENCE AGREEMENT is by and between VIRGINIA SHUMWAY, a single woman, of Freedom, Wyoming (hereafter referred to as "Shumway") and LOYD F. LAKER, of Blackfoot, Idaho, DARLA MAE NELSON, of Grover, Wyoming, LOA JUNE NIELD, of Afton, ¡Wyoming, and VIRGINIA SHUMWAY, of Freedom, Wyoming, as tenants in common, (hereafter referred to as "Laker et a1."). I WHEREAS, Shumway is the owner of the property that was described in the Warranty Deed that was recorded on November 3, 1981 in Book 182 PR at Page 174 as Instrument No. 567992 in Office of the Clerk of Lincoln County, Wyoming, a copy of which is attached hereto and incorporated herein by reference (hereafter the "Shumway Property"); and !{ '*'¡ , '11 WHEREAS, Laker et 801. is the owner of the property that was described in the Warranty Deed that was recorded Quitclaim Deed that was recorded on July 7, 2003 in Book 526 PR at Page 84 as Instrument No. 891351 in Office of the Clerk of Lincoln County, Wyoming, a copy of which is attached hereto and incorporated herein by reference (hereafter the "Laker et 801. Property"); and WHEREAS, Shumway and Laker et 801. agree that the common property boundaries between the Shumway Property and the Laker et 801. Property are those established by the above- referenced Warranty Deed to the Shumway Property; and WHEREAS, Shumway and Laker et al. agree that the fences that exist between the Shumway Property and the Laker et al. Property near that common property boundaries are not necessarily erected on the common property boundaries; and WHEREAS, Shumway and Laker et 801. have reached agreement regarding confirming the common property boundary and maintaining the existing fences. NOW, THEREFORE, for good and valuable consideration, receipt of wruch is hereby acknowledged, including but not limited to the mutual promises made herein, Shumway and Laker et 801., for themselves and their heirs and/or successors and assigns, hereby agree as follows: I. That the common property boundaries between the Shumway Property and the Laker et al. Property are and shall remain, until mutually agreed upon in writing otherwise, those established by the above-referenced Warranty Deed to the Shumway Property. 2. That the fences that exist between the Shumway Property and the Laker et a1. Property are not necessarily erected on the common property boundaries. AFFIDAVIT REGARDING TERMINATION OF LIFE ESTATE OF FRANK J. LAKER PAGEIOF8 000500 3. That until such time as either the owner of the Shumway Property and/or the Laker et 801. Property moves or rebuilds said fences, the fences may remain and be maintained where they are erected. 4. That unless there is mutual written agreement otherwise between the owner of the Shumway Property and the Laker et 801. Property, the location of the fences shall in no manner whatsoever determine any matter regarding the common property boundaries of the Shumway Property and the Laker et 801. Property, or the ownership of the lands within the fences, and no claim shall be raised by adverse possession or otherwise for the land lying within the fences and outside of the common property boundaries. 5. Until such time as the fences are rebuilt or new fences are built, neither the owner of the Shumway Property nor the owner of the Laker et a1. Property shall be liable to the other for the use and enjoyment of that land that lies on that owner's side of the fences as a result of the location of the fences, and the owners shall indemnify and save and hold hannless the other owner for any claim that arises from and as a result of use of the land that lies in the area on that owner's side of the fences. 6. That at such time as the fences are rebuilt, not including minor repairs, or new fences are erected, the rebuilt or new fences shall be erected on the above-defined common property boundaries between the Shumway Property and the Laker et al. Property. 7. That either the owner of the Shumway Property or the Laker et al. Property may move the fences to the above-defined common property boundaries or erect new fences on the common property boundaries at any time; provided, however, that the owner moving the fences to the common property boundaries or erecting new fences on the common property boundaries shall be solely responsible for the costs of moving the fences or erecting the new fences unless there is a written agreement to share the costs of moving the fences or erecting new fences. WITNESS our hands this lá day of June, 2008. [Separate signature pages follow.] BOUNDARY AND FENCE AGREEMENT SHUMWAY /LAKERET AL. PAGE 2 OF 8 jL FOR SHUMWAY: (;00501. ¿¿--~ V~MWAY STATEOFWYOMING ) ) SS. COUNTY OF LINCOLN ) SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED before me on this, the ~ t}... day of June, 2008, by Virginia Shumway. WITNESS my hand and official seal. M. KEVIN VOYLES - NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES JULY 16, 2011 My Commission expires: ð1/16 /Il AFFIDAVIT REGARDING TERMINATION OF LIFE ESTATE OF FRANK J. LAKER PAGE 3 OF 7 ] I FOR LAKER ET AL,: 000502 ~ 'I ~/L ~t> F. LAKER :" STATE OF IDAHO ) ) SS. COUNTY OF BINGHAM ) SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED before me on this, the _ day of June, 2008, by Loyd F. Laker. WITNESS my hand and official seal. r;(~É~~ OT PUBLIC My ColD1DÎSsion expires: ~ß AFFIDAVIT REGARDING TERMINATION OF LIFE ESTATE OF FRANK J. LAKER PAGE.40F7 Û00503 c ;1~ ';øf, ~~ DARLA MAE NELSON STATE OF WYOMING) ) SS. COUNTY OF LINCOLN ) SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED before me on this, the / c:< day of June, 2008, by Daria Mae Nelson. WITNESS my hand and official seal. ...---=---= NOTARY PUBLIC ~LUA.NN EPPLER STATE OF COUNTY OF wYOMING LINCOLN , "... COMMISSION EXPIRES M^RCfl25, 2011 .~._~ ~MY Commission expires: o/~ ~~ (¡fAfi) AR PUBLIC AFFIDAVIT REGARDING TERMINATION OF LIFE ESTATE OF FRANK J. LAKER PAGE 5 OF 7 000504 I, "~___- //:~ ~~~ /;//4' STATE OF WYOMING ) ) SS, COUNTY OF LINCOLN ) SUBSCRIBED, SWORN TO, AND ACKNOWLEDGED before me on this, the /fJ.J, day of June, 2008, by Loa June Nield. WITNESS my hand and official seal. GERALD L. GOULDING - NOTARY PUBLIC County of Lincoln State of Wyoming My Commission ExpIres May 2, 2011 My Commission expires: Mar J{ d{)1 I AFFIDAVIT REGARDING TERMINATION OF LIFE ESTATE OF FRANK J. LAKER PAGE60F7 000505 J..~ ~I~~WAY STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) SUBSCRIBED, SWORN TO, AND ACKNO~LEDGED before me on this, the "3 ß- day of June, 2008, by Virginia Shumway. WITNESS my hand and official seal. My Commission expires: 6"1/ ir./ if I I M. KEVIN VOYLES - NOTARY PUBUC COUNTY OF STATE OF UNCOLN WYOMING MY COMMISSION EXPIRES JULY 16, 2011 AFFIDAVIT REGARDING TERMINATION OF LIFE ESTATE OF FRANK J. LAKER PAGE 7 OF 7 mARRAN~\1 DEED FRANK J. LAKER and GRACE LAKER, Husband and Wife, , GRANTORS, of Lincoln County, Wyoming, for and in consideration of Ten ($10.00) Dollars and other valuable considerations in hand paid, receipt whereof is hereby acknowledged, CONVEY AND WARRANT TO: ROBERT H. SHUMWAY and VIRGINIA SHUMWAY, Husband and Wife, as joint tenants and not as tenants in common with full rights of survivorship, GRANTEES, of Lincoln County, Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State, to-wit: Beginning at a point which is 200 feet South from the Southwest Corner of the SE~NE~ of said Section 27, Township 35 North, Range 119 West of the 6th P.M. and running thence South 17 rods, thence East 10 rods, thence North 17 rods, thence West 10 rods to the point of beginning. Said tract to include said home, , improvements and out buildings and also a right of way for ingress and egress upon the existing roadway and to a width of 60 feet along the West boundary of the NE~SE~ of Section 27, Township 35 North, Range 119 West of the 6th" P. M" Wyoming. WITNESS our, hands this ~7~day of ~~ , 19B1. F~f~~~~~ ~~ PaL/ù GRACE LAKER :.,...... ., $~ATE:QF, WYOMING '. ' -" I N.DEXltP 5S. J~ ~1,.:~~!· :. t (t~.·..~ .,;' :'t~ ',::" CqUN';t'X::O;t¡'",LINCÒJ:,~ , ;.\' I ).:. . ,! -: ...,Þ,,/ ',. ,'.....~::..".....~' itlii'~ foregoing instrument was ack~~ledged before me :. þy r.~K J"::"'A!\~d GRACE LAKER, Husband and Wife, this :;. :' U!!:;;d~ Q! t~ ' 19B1. ,..., ~ "..t I : Þ......::: ',', ,,'. \ -/\li f",'. WtTNESS my hand and official seal. .': >;':i:,; <~, ·¡:~~;'Y PI'KHOi-filFc; r¡1!..~;~~!'I My commission ~~ eXPire:~T7'; k, /t:rJ / '.'.".; UUV5Ub tll- ;1- IV!-¡ LINCOLN COUNTY CŒRK BOOK 5~~~RPAOB....Q!! QUIT CLAI~f§~f 03 JII1. -1 f;:I g! I: KNOW ALL MEN BY THESE PRESENTS, that FRANK J. LAKER, g~arttX ~ :~[. Linco'Ií': 1 ~ . " . .., ~ - : .'.: ':. .... . . 00050'(· County. Wyomin !, for and in consideration ofTEN DOLLARS ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, have hereby renúsed, released and forcver quit claimed unto the said VIRGINIA SHUMWAY of Freedom, Wyoming, LOYD 1'; LAKER of Jackson, Wyoming, DARLA MAE NELSON of Grover, Wyoming, LOA JUNE NIELD, of Afton, Wyoming, and LANE l~. LAKER of Thayne, Wyoming, as tenants in common, grantees, their heirs and assigns forever, all such right, title, interest, property, possession, claim and demand, as they may have or ought to have, in or to all the following described property, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to-wÍl; The East half of the Southeast Quarter a.nd the Southeast QU81'ter of Ùle Northeast Quarter of Section Twenty S~en in Township Thirty-Five, North ofRlII1ge 119 West of the 6,h Principal Meridian, Wyoming. Reserving however unto Grantor a Life Estate in the following described property: BegilU1ing at a point which is 200 feet South from the Southwest Corner of the S£1/4 NE 1/4 of said Section 27, Township J5 North, Range 119 East of the 6'" P.M. and nml1Íl1g thence South 17 rods, thence East 17 rods, thence North 17 rods, thence West 17 rods to the point of beginning. LESS THAN: Beginning at a Point in \he South line of said 8El/4 SEI/4, being the Cotton Gin Spike marking the South corner ofthe Sanders property referred to in tbe Deed recorded in Book 442PR, on Page 248, ofsl1id record, said point being 208,71 feet S89' J 8'55"E, along said South line, fro'm Cotton Gin Spike marking the Lloyd B. Baker PElLS 698 2000,Iocation for the Southwest Comer of said SEl/4 SBI/4; thence NO'4J'19"E, along the East line of said Sanders properly, 323.81 teet: thence S86'29'ZO"E 424.57 feet; thence 80'34' 19"W 302.87 feet to a point in said South line; thence N89'18'S5"W, along said South line, 424.85 feet, to the Point of Beginning, containing 3.053 Acres ofland, ' SUBJECT TO: A 33-feet wide Right-of-Way Easemcmt, along the South line of the above described property, being Wyoming State Highway 239. TOGETHER with all improvements and appurtenances thereOIl. Subject, however, to 1IU reservations, restrictions, exceptions, easements and rights-of-way of record. THE STATE OF WYOMING) ) S8. COUNTY OF I.INCOLN ) WITNESS my hand thisclÉ\!ay of July, 2002. ,¡f ~ C-J. .-r. JI FRANK ,~R :J I/o. )_1 The foregoing instrument was acknowledged before me by FRANK J. LAKER this~day of June, 2002. My Commis 'In,"... mv hand and officiaJ seal. CHmsrrNA K. AU.ÆO. HOTNlYPUBUC ~nct _ Slalt.ct ~~"'~n~ ~ . f~};C¡n ~ (){}&~¡ NOTARY PUBLIC Frank J. Lltker D..II Page J vI 1 .. U~t:ì(i(tb~ 285 W" JlIUi'rTV ¡¡EED r.AKt:R/SANDEIU fAGE 1 OF 1 STATE OF WYOMING ) J S8. COUNTY OF LINCOLN ) , The foregoing Warranly Deed was ~nowlcdged beforo mc by FRANK J. LAKER and ORACB LAKER on this 232:. day ofFcbruary, 2000. , ' WITNESS my hand an,d official scal. lm~~ ~ My CommissionEXPires:~~ ~ ......... .' 000508 ... . 'f .... . . ., " ..