HomeMy WebLinkAbout945846
6010817189
REPLACEMENT EASEMENT AGREEMENT
606547
THIS REPLACEMENT EASEMENT AGREEMENT, dated November 25th,
2008, for purposes of reference, is made and entered into by and among ERIC mSTIN
HARRELL and SUZANNE KIERNAN HARRELL, husband and wife as Tenants by the
Entireties ("Harrell"), RYAN J. LAKOVITCH,.a single man ("Lakovitch"), and JOSEPH
WILLIAM MAY and JOYCE MAY, husband and wife, and BRIAN EDWARDS, as
Tenants in Common (collectively, "May").
This Replacement Easement Agreement is made with reference to the following
facts:
A. Harrell owns that part of Section 34, T35N of the 6th P.M., Lincoln County,
Wyoming, commonly known as Salt River Investments Lot 2 and more particularly
described in Exhibit A attached hereto ("Lot 2").
B. Lakovitch owns that part of Section 34, T35N of the 6th P.M., Lincoln
County, Wyoming, commonly known as Salt River Investments Lot 3 and more
particularly described in Exhibit B attached hereto ("Lot 3 ").
C. May owns that part of Section 34, T35N of the 6th P.M., Lincoln County,
Wyoming, commonly known as Salt River Investments Lot 4 and more particularly
described in Exhibit C attached hereto ("Lot 4").
D. Lots 2, 3 and 4 are benefited and/or burdened by (1) a 60 foot-wide access and
underground utility easement granted pursuant to that certain Easement Agreement
recorded February 15, 2005 in Book 579 of Lincoln County Public Records at page 2
("Easement 1 "), (2) a right-of-way easement across the East 60 feet South 1,538 +/- feet
of the SW 1/4 of Section 34, T35N of the 6th P.M., Lincoln County, Wyoming granted by
those certain Warranty Deeds to Harrell recorded February 24, 2005 in Book 579 of
Lincoln County Public Records at pages 581 and 583("Easement 2"), and (3) a right-of-
way easement across the East 60 feet South 1,538 +/ - feet of the east line of the SW 1/4
of Section 34, T35N of the 6th P.M., Lincoln County, Wyoming granted by that certain
Warranty Deeds to Lakovitch recorded June 6, 2006 in Book 622 of Lincoln County
Public Records at page 401 ("Easement 3"). The purposes and locations of Easements 1,2
and 3 are not consistent.
E. In order to resolve the inconsistencies among Easements 1, 2 and 3, the parties
hereto desire to tenninate Easements 1, 2 and 3 and create a single replacement easement
(the "Replacement Easement").
RECEIVED 3/12/2009 at 4:29 PM
RECEIVING # 945846
BOOK: 717 PAGE: 547
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000548
Accordingly, Harrell, Lakovitch and May hereby agree as follows:
1. Termination of Existing Easements. Easements 1, 2 and 3 are hereby
terminated and extinguished, and each of Harrell and Lakovitch release all of their
respective right, title and interest, including any homestead interest, in Easements 1, 2 and
3.
2. Creation of Replacement Easement.
(a) The easement area of the Replacement Easement shall be the portions
of Lots 3 and 4 described by metes and bounds in Exhibit D attached hereto and shown on
the plat attached hereto as Exhibit E. The Replacement Easement shall be a perpetual
non-exclusive easement for underground utilities and for ingress and egress between each
of Lots 2 and 3 and U.S. Highway 89.
(b) May hereby grants the Replacement Easement to Harrell, as an
appurtenance to Lot 2, to the extent the easement area of the Replacement Easement is
located on Lot 4.
(c) May hereby grants the Replacement Easement to Lakovitch, as an
appurtenance to Lot 3, to the extent the easement area of the Replacement Easement is
located on Lot 4.
(d) Lakovitch hereby grants the Replacement Easement to Harrell, as an
appurtenance to Lot 2, to the extent the easement area of the Replacement Easement is
located on Lot 3.
(e) The costs of maintaining the easement area of the Replacement
Easement shall be borne by the owners of Lots 2, 3 and 4 in proportion to their respective
use of the easement area.
D
3. Successors and Assigns. This Replacement Easement Agreement shall bind
and inure to the benefit of the successors and assigns of the respective parties hereto.
4. Counterparts. This Replacement Easement Agreement may be executed in
separate counterparts, each of which shall constitute an original and all of which together
shall constitute one and the same instrument. This Replacement Easement Agreement
shall be fully executed when each signator has signed _ at least one counterpart, even
though no single counterpart contains the signatures of an- signators.
2
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IN WITNESS WHEREOF, Harrell, Lakovitch and May have executed this
Replacement Easement Agreement as of the date first above written.
ERIC mSTIN HARRELL
SUZANNE KIERNAN HARRELL
JOSE~Y
~\\\~
JO . MA: \ \
BRIAN EDWARDS
CONSENT
The undersigned hereby consent to the within Replacement Easement Agreement
and agree to be bound thereby.
Mortgage Electronic Registration Systems, Inc., a Delaware corporation, acting as
nominee for Bank. of Jackson Hole and its successors and assigns, in respect of those
certain Mortgages made by Eric Justin Harrell and Suzanne Kiernan Harrell as Mortgagor
recorded September 1,2006 in Book 632 of Lincoln County Public Records at page 370
(Loan No. 129425807), and September 1, 2006 in Book 632 of Lincoln County Public
Records at page 381 (Loan No. 124926359).
Mortgage Electronic Registration Systems, Inc.
By
Its
The Jackson State Bank & Trust, in respect of that certain Construction Mortgage made
by Ryan J. Lakovitch as Grantor and recorded June 16, 2008 in Book 697 of Lincoln
County Public Records at page 214.
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RELEASE OF INTEREST IN EASTMENTS 2 AND 3
The undersigned, having reserved the foregoing Easement 2 in those certain
Warranty Deeds to Harrell recorded February 24, 2005 in Book 579 of Lincoln County
Public Records at pages 581 and 583, and the foregoing Easement 3 in that certain
Warranty Deed to Lakovitch recorded June 6, 2006 in Book 622 of Lincoln County
Public Records at page 401, hereby releases such reservations and all right, title and
interest in and to Easement 2 and Easement 3.
Salt River Investments, LLC, also known as
Salt River Investment, LLC, a Wyoming limited
liability company
By ~ &/l.
Colton Behr, Managing Member
---
State of
County of
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) ss:
)
On November _, 2008, before me, the undersigned notary public, personally
appeared Eric Justin Harrell and Suzanne Kiernan Harrell, signers of the within
instrument, who duly acknowledged to me that they executed the same.
WITNESS MY HAND AND OFFICIAL SEAL.
u
Notary Public
My commission expires
,20
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ERIC JUSTIN HARRELL
IN WITNESS WHEREOF, H81Tell. Lakovitch and May have executed this
Replacement Easement Ag¡'eement as of the date first above written.
~
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SUZANNE KIERNAN HARRELL
JOS~Y
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JO ~ \. \
BRIAN EDWARDS
CONSENT
The undersigned hereby consent to the withjn Replacement Easement Agreement
and ag¡ee to be bound thereby.
Mortgage Electr'onic Registration Systems, Inc., a Delaware corporation, . acting as
nominee for Bank of Jackson Hole and its successors and assÍgns, in respect of those
certain Mortgages made by Eric Justin H81Tell and SuZanne Kiernan Harrell as Mortgagor
recorded September 1, 2006 in Book 632 of Lincoln County Public Records at page 370
(Loan No. 129425807), and September I, 2006 in. Book 632 of Lincoln County Public
Records at page 381 (Loan No. 1~926359). \l-"'J
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Mortgage Electronic Registration Systems, Inc.
BYI~~~~
The Jackson State Bank & Trust, in respect of that certain Construction Mortgage made
:by Ryan J. Lakovitch as Grantor and recorded June 16, 2008 in Book 697 of Lincoln
County Public Records at page 214.
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State of ~, ~r
County of ~
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000552
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On We~.'~mger l, 2008, before me, the undersigned notary public, personally
appeared Ryan J. Lakovitch, a signer of the within instrument, who duly acknowledged to
me that he executed the same.
WITNESS MY HAND AND OFFICIAL SEAL.
~~
N ary PublIc
My commission expires ,;)..{ ß
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JULIE L. FAUPEL - NOTARY PUBLIC
COUNTY OF STATE OF
TETON WYOMING
MY COMMISSION EXPIRES FEBRUARY S, 2009
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State of úfcJjlUt~t1
County of t....tlVf7
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On November d5.., 2008, before me, the undersigned notary public, personally
appeared Joseph William May and Joyce May, signers of the within instrument, who duly
acknowledged to me that they executed the same.
WITNES~ MY HAND AND ?FFI~ SEAL.
~MfIÚ. ~-J'
otary PublIc
My commission expires cr /10 , 2 OJ/
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JUDITH M. CRAWFORD
Wyoming
Notary Public, County of Teton
My Commission Expires
SeptemÞer 10, 2011
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TRANSNATION TITLE 9286849513
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MY' Commission Expires
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( KATHLEEN BENZ NOTARY PUBLIC
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MY COMMISSION EXPIRES JAN. 6. 2010
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00&554
On 1)J~vember Z? , 2008, before me, the un~ned notary public, personally
appeared fele/" tIiu.~ ' the f~Çt/&~~ of The Jackson State
Bank & Trust, a Wyoming banking corporation, a signer of the within instrument, who
duly acknowledged to me that he executed the same on behalf of said corporation.
WITNESS MY HAND AND OFFICIAL SEAL
. kí{l4dc~'
Notary Public .
My commission expires 1//;'.-- , 20!Q.
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State of
County of
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On November _, 2008, before me, the undersigned notary public, personally
appeared Colton Behr, Managing Member of Salt River Investments, LLC, a Wyoming
limited liability company, a signer of the within instrument, who duly acknowledged to
me that he executed the same on behalf of said limited liability company.
WITNESS MY HAND AND OFFICIAL SEAL
Notary Public
My commission expires
,20_
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State of~
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County of Jv~ )
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On November~, 2008, before me, the undersigned notary public, personally
appeared LfM'\ .x ~ov¡'{'/k..., , the of The Jackson State
Bank & Trult, a Wyommg banking corporation, a signer of the withm instrument, who
duly acknowledged to me that he executed the same on behalf of said corporation.
WITNESS MY HAND AND OFFICIAL SEAL
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N ry PublIc
My commission expires tfLlV
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JULIE L. ¡-,Ct:)'''- "<JIA~i'( PUBLIC '"
COUNn' Of .i " ,
T STATE OF
ETON "'"e'·)MING
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MY COMMISSIOr,¡ C',;.< "r'·p"! 'ARY
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County of
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State of
On November~, 2008, before me, the undersigned notary public, personally
appeared Colton Behr, Managing Member of Salt River Investments, LLC, a Wyoming
limited liability company, a signer of the within instrument, who duly acknowledged to
me that he executed the same on behalf of said limited liability company.
WITNESS MY HAND AND OFFICIAL SEAL
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NO~;,~cSÚ0~
My commission expires \\ Ö\~, \~ ' 20~
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ê.i NOTARIALì.i NOTARYPUBU~OHTANA
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ffl," My Comm. Exp/nle Nov. 13, 2011
7
EXHIBIT A
ÜOú556
Legal Description of Salt River Investments Lot 2
The real property situated in the State of Wyoming, County of Lincoln, described
as follows:
A portion of the property as referred to in the Deeds recorded in Book 497PR on
Pages 808 thru 811, with the Office of the Clerk of Lincoln County, Wyoming,
within the Southwest Quarter of the Northwest Quarter and the North Half of the
Southwest Quarter of Section 34, Township 35 North, Range 119 West of the 6th
P.M., Lincoln County, Wyoming, the metes and bounds being more particularly
described as follows:
BEGINNING at the B.L.M. type Monument marking the Lloyd B. Baker PE/LS
698, 2002 location for the Northwest Comer of the Southeast Quarter of the
Northwest of said Section 34 and running thence South 0°45'30" West, along the
West line of said Southeast Quarter of the Northwest Quarter, 1329.04 feet to the
B.L.M. type Monument marking the Lloyd B. Baker PE/LS 698, 2002 location for
the Southwest Comer of said Southeast Quarter of the Northwest Quarter;
Thence South 89°05 '02" East, along the South line of said Southeast Quarter of
the Northwest Quarter, 1334.57 feet to the B.L.M. type Monument marking
the Northwest Comer of the Southeast Quarter of said Section 34;
Thence South 1 °14'32" West, along the West line of said Southeast Quarter,
1135.08 feet to an Aluminum Cap on Iron Pipe;
Thence North 65°18'55" West, 135.51 to an Aluminum Cap on Iron Pipe;
Thence North 69°58'47" West, 125.75 feet to an Aluminum Cap on Iron Pipe;
Thence North 53°13'28" West, 61.47 feet to an Aluminum Cap on Iron Pipe;
Thence North 64°12'43" West, 46.21 feet to an Aluminum Cap on Iron Pipe;
Thence North 70°06'29" West, 103.92 feet to an Aluminum Cap on Iron Pipe;
Thence North 80°06' 17" West, 196.16 feet to an Aluminum Cap on Iron Pipe;
Thence North 65°46'26" West, 69.71 feet to an Aluminum Cap on Iron Pipe;
Thence South 89°08'36" West, 43.98 feet to an Aluminum Cap on Iron Pipe;
Thence North 88°47'01" West, 86.00 feet to an Aluminum Cap on Iron Pipe;
Thence North 38°57'46" West, 1078.35 feet to an Aluminum Cap on Iron Pipe;
Thence South 89°10'19" West, 39.94 feet to a Point in the calculated thread line of
the existing Salt River;
Thence Northerly along said thread line the following:
North 9°48'29" West, 104.16 feet;
8
North 0°46'20" East, 70.40 feet; 00&557
North 8°36'34" West, 28.22 feet;
North 28°56' 19" West, 75.91 feet;
North 59°12'51" West, 139.16 feet;
North 57°08'37" West, 53.96 feet;
North 70°47'52" West, 94.76 feet;
North 58°21 '45" West, 13.61 feet;
North 30°00'43" West, 52.62 feet;
North 33°09'25" West, 62.59 feet;
North 30°00'43" West, 41.37 feet;
North 46056'02" East, 45.52 feet;
North 48°22'27" East, 128.77 feet;
North 59°48'27" East, 104.38 feet;
North 54°34'45" East, 148.21 feet;
North 52°11 '44" East, 129.49 feet;
North 36°54'54" East 96.09 feet;
North 25°53'53" East, 43.32 feet;
North 15°39'16" East, 59.70 feet;
North 15°27'45" East, 81.34 feet;
North 21047' 11" East 44.30 feet;
North 2°54'24" West, 55.11 feet;
North 2°38'48" East, 66.82 feet;
North 3°33'54" West, 35.12 feet;
North 8°22'06" West, 47.01 feet and North 20°24'02" West, 24.04 feet to a
Point in the South line of the Northwest Quarter of the Northwest Quarter of
said Section 34;
Thence South 89°11 '56" East, along said South line, 90.76 feet to the Point of
Beginning.
9
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OOûSSB
EXHIBIT B
Legal Description of Salt River Investments Lot 3
The real property situated in the State of Wyoming, County of Lincoln, described
as follows:
A portion of the property as referred to in the Deeds recorded in Book 497PR on
Pages 808 thru 811, with the Office of the Clerk of Lincoln County, Wyoming
within the Southeast Quarter of the Southwest Quarter and the North Half of the
Southwest Quarter of Section 34, Township 35 North, Range 119 West of the 6th
P.M., Lincoln County, Wyoming, the metes and bounds being more particularly
described as follows:
BEGINNING at the B.L.M. type Monument marking the Lloyd B. Baker PE/LS
698, 2002 location for the Northeast Comer of the Southwest Quarter of the
Southwest Quarter of said Section 34 and running thence North 89°06'09" West,
along the North line of said Southwest Quarter of the Southwest Quarter, 651.11
feet to a Point in the calculated thread line of the existing Salt River;
Thence Northerly along said thread line, the following:
North 73°30'51" West, 150.48 feet;
North 54°53'43" West, 29.64 feet;
North 58°32"08' West, 67.60 feet;
North 46°31 ' 51 " West, 107.45 feet;
North 37°42'52" West, 71.79 feet;
North 12°38'38" West, 28.70 feet;
North 1044'09" West, 69.10 feet;
North 5°20'15" East, 89.37 feet;
North 20°43'43" East, 78.88 feet;
North 42°31' 18" East, 67.68 feet;
North 64°45'39" East, 125.30 feet;
North 82°19'26" East, 83.31 feet;
South 76°29'08" East, 73.05 feet;
North 82°10'31" East, 99.48 feet;
North 58°51'42" East, 95.12 feet;
North 38°12'27" East, 142.78 feet;
North 35°36'21" East, 148.73 feet;
10
North 20°55'44" East, 134.26 feet; ûOv559
North 20°14'29" East, 129.36 feet;
North 4°18'33" East, 125.32 feet;
Thence North 89°10'19" East, 39.94 feet to an Aluminum Cap on Iron Pipe
marking a Point in the Easterly Bank of said existing Salt River;
Thence South 38°57'46" East, 1078.35 feet to an Aluminum Cap on Iron Pipe;
Thence South 88°47'01" East, 86.00 feet to an Aluminum Cap on Iron Pipe;
Thence North 89°08'36" East, 43.98 feet to an Aluminum Cap on Iron Pipe;
Thence South 65°46'26" East, 69.71 feet to an Aluminum Cap on Iron Pipe;
Thence South 80°06' 17" East, 196.16 feet to an Aluminum Cap on Iron Pipe;
Thence South 70°08'29" East, 103.92 feet to an Aluminum Cap on Iron Pipe;
Thence Súuth 64°12'43" East, 46.21 feet to an Aluminum Cap on Iron Pipe;
Thence South 53°13'28" East, 61.47 feet to an Aluminum Cap on Iron Pipe;
Thence South 69°56'47" East, 125.75 feet to an Aluminum Cap on Iron Pipe;
Thence South 65°18'55" East, 135.51 feet to an Aluminum Cap on Iron Pipe
marking a Point in the West line of the Southeast Quarter of said Section 34;
Thence South 1 °14'32" West, along said West line, 361.67 feet to an Aluminum
Cap on Iron Pipe;
Thence North 89°07'13" West, 1328.42 feet to an Aluminum Cap on Iron Pipe
marking a Point in the East line of said Southwest Quarter of the Southwest
Quarter;
Thence North 1 °00'23" East, along said East line, 173.79 feet to the Point of
Beginning.
11
ûOû560
EXHIBIT C
Legal Description of Salt River Investments Lot 4
The real property situated in the State of Wyoming, County of Lincoln, described
as follows:
A portion of the property, as referred to in the Deeds recorded in
Book 497PR, on Pages 808 through 811, with the Office of the Clerk
of Lincoln County, Wyoming, within the SoÜtheast Quarter of the
Southwest Quarter of Section 34, Township 35 North, Range 119
West, of the 6th P.M., Lincoln County, Wyoming, the metes and
bounds being more particularly described as follows:
BEGINNING at the B.L.M. type Monument marking the Marlowe A.
Scherbel PLS 5368, 2000 location for the Northeast Comer of the
Northwest Quarter of Section 3, Township 34 North, of said Range
119 West;
thence North 89°07'16" West, along the North line of said Northwest
Quarter, 1323.68 feet to the B.L.M. type Monument marking the
Lloyd B. Baker PEILS 698, 2002 location of the Southeast Comer of
the Southwest Quarter of the Southwest Quarter of said Section 34;
thence North 1 °00'23" East, along the East line of said Southwest
Quarter of the Southwest quarter, 1150.00 feet to a Referenced Point
in the Salt River, said point being 173.79 feet North 1 °00'23" East,
along the East line from the B.L.M. type Monument marking the
Lloyd B. Baker PEILS, 2002 location for the Northeast Comer of said
Southwest Quarter of the Southwest Quarter;
thence South 89°07'13" East, 1328.42 feet to an Aluminum Cap on
Iron Pipe marking a Point in the West line of the Southeast Quarter
of said Section 34;
thence South 1 °14'32" West, along said West line, 1150.00 feet, to
the Point of Beginning.
12
ûO&561.
EXHIBIT D
Legal Description of Replacement Easement
The real property situated in the State of Wyoming, County of Lincoln,
described as follows:
A strip of land 60 feet wide, being a portion of the May property, as referred
to in the Deed recorded with Receiving No. 919995, in Book 625, on Page
679, and a portion of the Lakovitch property, as referred to in the Deed
recorded with Receiving No. 919079, in Book 622, on Page 401, all with
the Office of the Clerk of Lincoln County, Wyoming, within the SWl/4 of
Section 34, T35N, R119W, of the 6th P.M., Lincoln County, Wyoming, the
Boundary being more particularly described as follows:
BEGINNING at the Marlowe A. Scherbel PLS 5368, 2000 location for the
Northeast Comer of the NWl/4 of Section 3, T34N, R119W, of said 6th
P.M.;
thence N89°07'16"W, along said North line, 60.00 feet;
thence N1°14'32"E, parallel with the West line of the SE1/4 of said Section
34, 1,538.07 feet to a Point in the South line of the Harrell property, as
referred to in the Deeds recorded with Receiving No. 906715, in Book 579,
on Page 581, and with Receiving No. 906716, in Book 579, on Page 583, all
with said Office;
thence S65°18'55"E, along said South line, 65.40 feet to a Point in said
West line;
thence SI°14'32"W, along said West line, 1,511.67 feet, to the Point of
Beginning, Encompassing 2.1 O± Acres of land~
13
EXHIBIT E
Plat of Showing Location of Replacement Easement
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LEGEND
Road Nail set
Road Nail found
- P.K. Nail sel
- P.K. Neil/ound
Spike set
Spike found
o Iron Pipe set
. Iron Pipe found
o Reber lound
@ BLM type Monument set
@ BLM type Monument found
® Aluminum Cap on Rebar found
1><1 Quarter Corner set
~ Quarter Corner found
® Section Comer set
III Section Corner found
Harrell
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CERTIFICATE OF SURVEYOR
State of Wyoming)
County of Lincoln) SS...
In conformance with the requirements of the Professional
Land Surveyor's Act 2008 at the request of Joseph William
May Authorizing Surve;, on the 16th Day of December, 2008, I
Lloyd B. Baker, PE/LS 698 certify that this map was made by
me or under my direction and correctly represents the
positions of the lines and points as demarcated at the time
of said survey to the best of my knowledge and belief.
60'
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53
LINE TABLE
LINE BEARING HORIZ DIS
L 1 N89°07'16"W 60.00'
L2 S65° 18'55"E 65.40
-'" ~ " (?
::XI [I ¿. I ,')
EASEMENT
of
A portion of the SW1/4 of Section 34
of the 6th P.M., Lincoln County, Wyoming.
for
Joseph William May and Joyce M. May
AND
Ryan J. Lakovitch
AND
Erick Justin Harrell and Suzanne Kiernan Harrell
by
Lloyd B. Baker and Associates
Box 210, 501 North Main
Thayne, Wyoming 83127
Phone:~307)883-2194
Fax: 307) 883-3194
16 December, 008 Scale 1" = 200'
0200 Drawing.' Data\T35N119\Freedoms\FreedomS.trv & S341May 12·08 "cd