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HomeMy WebLinkAbout943112 (:0&586 SHARED ROAD RIGHT OF WAY AGREEMENT Agreement made this day between LYDIA H. DABEL, Trustee of the Vernon Dabel and Lydia H, Dabel Family Trust, dated April 4, 1991, of 4282 Wyoming State Highway 238, Afton WY 83110, and LAMONT R. MERRITT, TRUSTEE OF THE LAMONT R. MERRITT REVOCABLE TRUST, DATED SEPTEMBER 10, 1997, ofP.a. Box 125, Afton, WY 83110, who mutually agree to share a road right of way as follows: 1) Both parties established a shared road right of way for mutual benefit of their respective properties lying within Section 28, Township 32 North, Range 119 West, Lincoln County, Wyoming, in the year 2007. The legal description of this original right of way is described on that deed of record executed by Lydia H. Dabel, Trustee, in the Office of the Lincoln County Clerk in Book 645 PR on Page 419, with Receiving No. 925302, as well as on an unrecorded easement document executed by LaMont R. Merritt, Trustee. However, as the physical road was constructed, it became expedient to change the location somewhat and the actual roadway as now constructed does not follow the right of way as originally laid out. 2) Because it is no longer appropriate, the said original right of way is hereby vacated and extinguished. 3) A new shared road right of way, to replace and supercede the original right of way, is hereby created, more specifically described as follows: A Strip of Land, 1691.73 feet in length, 60 feet in width, and ending cul-de-sac with radius of 60 feet, all within the SW1I4SE1/4, the NW1/4SE1I4, and the NE1I4SW1I4 of Section 28, Township 32 North, Range 119 West, Lincoln County, Wyoming, to be used as a road access and underground utilities right-of-way for the benefit of any properties, within the SW1I4SE1/4, the NW1/4SE1/4, the SW1I4NE1I4, and the NE1I4SW1/4 of Section 28, owned by the either of parties specified above or by their heirs, successors or assigns, extending 30 feet to each side of the following described centerline: ...) '- BEGINNING on the west right-of-way boundary of State Highway 238, at a point which is located S 57"10'25" W a distance of63.86 feet, more or less, from the SE 1116 survey corner monument of Section 28; and running THENCE N 60°25'42" W a distance of 68.16 feet, more or less, to the intersection of the road centerline with the boundary line dividing the SW1I4SE1I4 from the NW1/4SE1/4 of Section 28; THENCE continuing N 60'25'42" W a distance of91.48 feet; THENCE N 54°42'16" W a distance of231.55 feet; THENCE N 70'33'20" W a distance of 149.82 feet; THENCE N 84 '31 '49" W a distance of 114.59 feet; THENCE N 63°04'14" W a distance of 139.93 feet; THENCE N 51'51'11" W a distance of 144.67 feet; THENCE N 58'32'34" W a distance of340.89 feet; THENCE N 34'57'55" W a distance of254.70 feet; THENCE N 45'55'32" W a distance of 5.29 feet to the intersection of the road centerline with the boundary line dividing the NW1I4SE1I4 from the NE1I4SW1I4 of Section 28, Page 1 of2 RECEIVED 10/23/2008 at 3:22 PM RECEIVING # 943112 BOOK: 101 PAGE: 586 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY THENCE continuing N 45°55'32" W a distance of 86.79 feet to the center of a cul-de-sac with radius of 60 feet; ûOû587 COMPRISING a total right of way area of2.342 acres, more or less. 4) This new shared right of way shall be perpetual in nature and be unrestricted as to the amount and type of access traffic, except to the extent made necessary for the welfare and safety of those using the physical facility. 5) The intent of this document is to complete the third part of a three part process to accomplish a boundary adjustment between the two parties specified above, and not to create any additional division of land parcels. Witness my hand this ) /P day of val ,2008. ~~~q¿~M LydIa H. Dabel, Trustee STATE OF WYOMING ) ) SS COUNTY OF LINCOLN) The foreg9ing instrument was acknowledged before me by Lydia H. Dabel, this ~ day of () ø /f- , 2008. Witness my hand and official seal: ~"" li~~ , Notary Public My Commission expires: LEE VANKAMMEN - NOtARY PUBLIC COUNTY OF . LINCOLN STATE OF WYOMING My Commission expires July 21, ~10 Witness my hand this I ~ day of ¡J if ,2008. ~7?(4Æ!. Jf ~ LaMont R Merritt, Trustee STATE OF WYOMING) ) SS COUNTY OF LINCOLN) The foregoing instrument was acknowledged before me by LaMont R. Merritt, this ~ day of (fJU" , 2008. Witness my hand and official seal: ~2 ~~_ Notary Public My Commission expires: Page 2 of2 LEE VANKAMMFN . NOTARY r>UU¡ . COUNTY OF .:11" :.' \ STATE C1l LINCOLN \.,: WYOMIN" 1,.'...\ My Commission bplres July 21. 2010