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Home My WebLink About944452 EASEMENT (:0\131.2 1M Land Development LLC, an Idaho Limited Liability Company, of Thayne, Lincoln County, Wyoming, , grantors, for and in consideration ofTen Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grant and convey to Bart F. Merritt and Deanna M. Merritt, husband and wife, PO Box 4478, Bedford, WY 83112 grantee, the following described 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 60-foot wide right-of-way easement for ingress and egress and all underground utilities to the property described in paragraph 3 ITom Muddy String Road 12-117, including the right of to construct and maintain a roadway to provide that ingress and egress and for all underground utilities, and including the right to inspect the easement. 2. Conditions of this Easement. The conditions of this easement are: a. It is a common easement for the mutual benefit of all Grantors and Grantee and their respective lands. b. Grantee, his successors in interest and assigns, hereby waive any and all claims that they may have at the present or in the future against the Grantors related to Grantee's use, operation or maintenance of the herein described easement. By accepting, using or allowing any third parties to use the herein described easement Grantee assumes the risk of any and all damage including property or personal damage. Grantee shall indemnifY and hold Grantors harmless for any danlage, whether property or personal, to any third party whom Grantee allows to use the herein described easement. This indemnification and hold harmless includes the expenses of reasonable attorney fees, court costs, and any damages assessed against Grantors because of the use or maintenance of the easement or any reasonably related matter to the easement. c. Grantor agrees to Construct and Maintain the road. RECEIVED 12/31/2008 at 4:22 PM 1 RECEIVING # 944452 BOOK: 712 PAGE: 312 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ÜOô313 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantee in Lincoln County, Wyoming: See Attached Exhibit A and Exhibit B. 4. Description of Easement. North Forty Drive as described on Plat of North Forty Phase one, Lincoln County, Wyoming, filed as Instrument No. 930990 in the records of the Lincoln County Clerk. Together with the South 60 feet of the NWl/4 NW1/4, of Section 19, T34NR118W, Lincoln County, Wyoming, creating a continuous strip of land trom North Forty Drive to Muddy String County Road 12-117 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 21st day of August, 2008. JM Land Development LL ~~~L~P Bart F. Memtt ß~~.. ~~..~ Deanna M. Merri STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing Easement was acknowledged before me by Joel Merritt Manager of JM Land Development LLC., this 21st day of August, 2008. Witness my hand and official seal. 4/ ~ /'- ~ d&( ær d W< {.:/!¿é.~ ¿^------' NOTARY PUBLIC My Commission expires: S-;:; s-- ;;le' ID 2 ClAUDIA ANDERSON Notorv PuÞlIC ' ~·,n~ounty , MV Cotnml81i1ò1l \!Xplt: S - ~ç' .:Ji..'( \!:) , STATE OF WYOMING ss. COUNTY OF LINCOLN (;Oû3j.4 The foregoing Easement was acknowledged before me by Bart F. Merritt and Deanna M. Merritt, husband and wife, this 21st day of August, 2008. Witness my hand and official seal. My Commission expires: '7-I:J - tJ'7 . .....~--.,'-".'-'~ - NOTARY PUBLIC j JOAN JENSEN.- . STATE OF COUNTY OF . WVÖMING UNQOLN 1-/6-ðj-. " MY COMMISSlOO exPIRES , ~ 3 ~~~ OTARY LIC ~ Proflulonel und SuI'Y.,cn Peul N. Schlrbll Wyo. R'IIIa'..""" No, 184 LhM RIgIlÞaIlorl No. 1&10 Idoho R.gIolralion No, 3HO fWvldl, Reglllrdøn No. 1105 ScoIIA,SchlobII Wyo, RIIahIion N¡" 3I8g ldlho RogIII..1Ion No. 8028 U1ah Rtgbilrallon No. 372111 MARLOWE A, IICHERIIEL WI". RlIIIratlon No. 5.188 Su""""SchlobII,L1D, ~, Wyomng Slg Plnoy, WyomIng Jldcson, Wyorm; ~:~~~I~~::' Idaho :~¡;~;t~~(6~:! DESCRIPTION FOR ] EXlDBIT A ,BART F. MERRITT AND DEANNA M. MERRITT MERRITT REMAINDER TRACT To-wit: - - 00\)31.5 That part of the S Y;¡NWy. of Section 19, T34N Rl18W, Lincoln County, Wyoming, being part of that 1ract of record in the Office of the Clerk of Lincoln County in Book 104 of Photostatic Records on page 306, described as follows: ' BEGINNING at the nòrthwest comer of said S~NWy.; thence N89°-40'-13"E, 2241.15 feet, along the north line of said SY;¡NWy. to the northwest spike of that Merritt Tract A of record in said Office in Book 571 of Photostatic Record on page 527; thence SOoo-17'-03"W, 1338.54 feet, along the west line of said 1ract, and along the west line ofthat Merritt Tract B of record in said Office in Book 569 of Photostatic Record on page 015, to the southeast spike of said 1ract in Book 569, on the south line of said SY;¡NWy.; thence N89°-56'-41"W,109.51 feet, along said south line, to the southeast of spike nail of that Alan Merritt Tract - Revised, as depicted OD the below referenced plat; thence NOoo-39'-48"E, 1057.35 feet, along the east line of that tract of record in said Office in Book 264 of Photostatic Record on page 404 and the southerly extension thereof; thence S89°-41'-OO''W, 1674,93 feet, along the north line of said tract, to the northwest position of said tract; thence SOoo-OO'-OO"W, 872.42 feet along the west line of said tract, to a point on the north line of that 1ract of record in said Office in Book 590 of Photostatic Record on page 855; thence N89°-56'-41"W, 137.31 feet along said north line, parallel with the south line of said S Y;¡NWy., to the northwest point of said tract; thence SOoo-OO'-OO"W, 24,00 feet, along the west line of said tract, parallel with the west line of said SY;¡NWy., to the northeast point of that tract of record in said Office in Book 589 of Photostatic RecordoD page 578; thence N89°-56'-41"W, 225.00 feet, along the north line of said 1ract, parallel with the ,south line of said SY;¡NWy., to the northwest spike thereof, on the west line of said S Y;¡NWy.; thence NOoo-OO'-OO"E, 702.00 feet, along said west line, to the southwest spike of that tract of record in said Office in Book 345 of Photostatic Record on page 55; thence N89°-40'-13"E, 110,00 feet, along the south line of said tract, parallel with the north line of said S ~NWy., to the southeast point thereof; thence NOoo-OO'-OO"E, 363.00 feet, along the east line of said tract, parallel with the west line of said S y~y. to the northeast point thereof; thence S89°-40'-13"W, 120.00 feet, along the north line of said tract, parallel with the north line of said SY~Y., to the northwest spike of said tract, on the west line of said SY~Y.; f]]ill:r::' , , , " , r:''f:i~, "Modification in any way of the ':::~::'::::':'::')g,descnptlon terminates liability of th . :&;':"::'4'01" Prol.utlnal Lind SUN.yon PauIN:Sc:hocl>.1 Wyo., RevIS"".... No.1" Ullh R.lflltIon No. 1m Idoho·R.gi>'raUan No, 3980 N.vada "1II"1rIIføn ~o. 8105 SIXIIIA.!IdI.cI>oI Wyo, RotI""'Uon Nò. 3199 Idlho AlgIIlnltIon No. 802t IJ1&h RIi....lIon No. 372111 MARLDWE A. SCHER8E1. Wyo. RogiInllon No. ..&8 SUNI)'Of' Schlrblt. l.TD. Anon, Wyoming Big P~OY. WyomIng JackJon. Wyom«Jg Løva Hal SpringJ. Idlho ""'onlo.lI,r. Idlho ¡.¡.i",....';",..!..... ·.:.:.:.!I:o'.ot.!i:'o:.o' " . ..."..:,·.:I:,~",'i;'i· DESCRIPTION FOR BART F. MERRITT AND DEANNA M. MERRITT MERRITT REMAINDER TRACT PAGE TWO (;Oû31.6 thence NOoo-OO'-OO"E, 108.57, along said west line, to the POINT OF BEGINNING ENCOMPASSING an area of25,76 acres, more or less; the BASE BEARING for this survey is the west line of the NW~ of Section 19, T34N R1l8W, being NOoo-OO'-OO"E; 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 "spike" marked by a 3/8" x U" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTDAFTON WY PLS 5368", with appropriate details; each "P-Knail" marked by a ~"diameter hardened survey nail inscribed, "P-K" on top; each '~position" is a calculated position with no monument found or set; "Modification in any way of the foreooino-descriotlon terminfltF!!'\ IiAhilitll nf thl> ell ,n,.,,,nr" f'mlUlSonal laind SUIVIJycn P.~ N, SChorbal Wyo, AogilhUon No. '14 Utah RIgiII"Uon No. 1610 ldlho R.gIs....llan No. 38IJO Hn_ A8gi111a11on No. S805 _I._obll Wyo RtgltlrlUon No, 3818 ldlho R.gllntløn No. aaz' Ullh Aeglalralion No. 372111 MIRLOWE I. SCHERSB. Wyo, R.g~IrIUon No. 5381 SUMlyor Scta.Ib.I, LTD. Anon. W)'OfYWng Big """'y, Wy""*'!! J.cklon. Wyomtng lay. HoI Spring., Idaho MonlpIK.r, Idlho I EXHIBIT B DESCRIPTION FOR BART F. MERRITT AND DEANNA M. MERRITT BART MERRITT TRACT - REVISED (;:Oû31.7 To-wit; -- That part of the SY:iNW~ of Section 19, T34N R118W, Lincoln County, Wyoming, it being the intent to more correctly describe part of that tract of record .in the Office of the Clerk of Lincoln County in Book 264 of Photostatic Records on page 404, as follows; BEGINNING at the southwest spike of that tract of record in said Office in Book 590 of Photostatic Records on page 855, on the south line of the NW~ of said Section 19, S89°- 56'-41"E, 414.00 feet from the southwest corner of said NW~; thence NOoo-OO'-OO"E, 174.00 feet, along the east 1i:lle of said tract, parallel with the west line of said NW~, to the northeast point thereof; thence N89D-56'-41 "W, 51.69 feet, along the north line of said tract, parallel with said south line;to a point on the west line of said tract in Book 264; thence NOoo-OO'-OO"E, 872.42 feet, along said west line, parallel with the west line of said NW~, to the northwest position thereof; thence N89°-41 '-OO"E, 1674.93 feet, along the north line of said tract, to the northeast position thereof; thence SOoo-39'-48"W, 860,81 feet, along the east line of said tract, to the northeast bathey of that tract of record in said Office in Book 264 of Photostatic Records on page 434; thence S89°-41 '-OO"W, 356.28 feet, along the north line of said tract, to the northwest bathey thereof; thence SOoo-39'-48"W, 194.23 feet, along the west line of said tract, to a spike on said south line; , , thence N89°-56'-41"W, 1254,72 feet, along said south line, to the SPIKE OF BEGINNING; ENCOMPASSIN'G an area of38.49 acres, more or less; the BASE BEARIN'G for this survey is the west line of the NW~ of Section 19, T34N R118W, being NOoo-OO'-OO"E; SUBJECT to an easement for Thayne-Bedford County Road No. 12-122; each "corner" found as described in the Comer Record filed or to be filed .in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LID AFION WY PLS 5368", with appropriate details; each "spike" marked by a 3/8" x 12" steel spike; each ''bathey'' marked by a steel T-shaped stake 24" long with a metal cap .inscribed, "PAUL N. SCHERBEL RLS 164 SURVEY POINT"; each "PK nail" marked by a y." diameter hardened survey nail inscribed, "P-K" on top; "Modific~tlon in any way of the foregoing description terminates liability of the surveyor" ProlllliDnll.Land SulVtlycn P..ufN.9~ Wyo. Regit....tian No, 11M U\l.h Reglllnlüon No. 1110 Idaho Reglttr.lIon No. 3990 N....adI R-VIlInUon No. 68D5 Scoll A. Sd1erbtl Wyo. R.gitl1.lIon No. 3MB Idaho Rlgllltalion No. BalS ULlh R.gklnllion No, 372111 MARLOWE A. SCHERBEL Wyo. Rt¡Iw.b't No. 5368 Survqor 8chlrb".liD. Mon, Wyoming Big-Piney, Wyoml"V .ø:CUDr1, WyomIng La.... Hal Sprl"g., Idlloho " ' , ~' MOl1lpe[iør, Idaho ¡m~¡m!;:~¡¡;~;i~;~ DESCRIPTION FOR BART F. MERRITT AND DEANNA M. MERRITT BART MERRITT TRACT - REVISED PAGE TWO . 00&318 each "position" is a calculated position with no monument found or set; "M d'f' ¡' I ~::·:':~;~~t:( ~'I;"':':':"'ii'! o Ilca Ion n any way of 1he ';':':"':"':':'::: ng description terminates liability of t¡:~;::~:;:;:};,jyor"