HomeMy WebLinkAbout947825AGREEMENT TO ESTABLISH BOUNDARY LINE
AND , ilu-
QUITCLAIM DEED
This agreement is entered Into on the 20th day of October, 2008, by Timothy J
Bommer (Sommer) and David C. Hansen (Hansen), individually and on behalf of Black
Mountain Ranch TM, P.O. Box 5186, Etna, Wyoming 83118 a Wyoming joint venture,
formerly known as Hobo Ventures (Black Mountain) and Three Rivers Development, a
Wyoming Corporation, P.O. Box 3773, Alpine, Wyoming 83128 (Three Rivers).
1. RECITALS:
A. Bommer and Hansen own certain real property located in Lincoln County,
Wyoming, located in Section 27, Township 36 North, Range 119 West, (Black Mountain
Property).
B. Three Rivers owns certain real property located In Lincoln County, Wyoming,
located in Section 27, Township 36 North, Range 119 West, (Three Rivers Property).
C. The Black Mountain Property and the Three Rivers Property share a common
boundary, which is a portion of the north boundary of the Black Mountain Property and a
portion of the south boundary of the Three Rivers Property. There is a common fence
separating the properties. The parties and/or their predecessors have for a number of
years treated the fence as their mutual boundary, without respect to where the actual
surveyed boundary of the Property owned by the parties may be located. The purpose of
this Agreement Is to permanently fix a common boundary line between the Black
Mountain Property and Three Rivers Property. The parties execute this agreement to
carry out that purpose and to avoid litigation to quiet title to any of the described
property.
2. ESTABLISHMENT OF PERMANENT FIXED BOUNDARY:
In consideration of the mutual covenants and conditions set forth in this
agreement and the sum of $10.00 (Ten dollars) and other good and valuable
consideration paid to Bommer and Hansen by Three Rivers, and intending to
permanently fix the common boundary line between the Black Mountain Property and
the Three Rivers Property, the parties agree that the common boundary shall be the
RECEIVED 6/18/2009 at 10:40 AM
RECEIVING # 947825
BOOK: 725 PAGE: 675
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
0,061676
fence line more specifically referred to and described in Exhibit "A," annexed hereto.
The boundary established herein shall be a permanent, fixed boundary between the
respective lands. The parties agree that this agreement shall be recorded in the office
of the County Clerk of Lincoln County, Wyoming, and that the benefits and burdens of
this Agreement shall inure to the be binding upon the parties, their respective heirs and
successors, and the assigns or eventual fee simple title owner of any portion or portions
of the Black Mountain Property or the Three Rivers Property.
3. QUITCLAIM:
In consideration of the consideration described above, Bommer and Hansen,
individually and on behalf of Black Mountain, do hereby convey to Three Rivers any and
all right, title and interest which it or they may have in and to any portion of the real
properly located north of the boundary line established by this Agreement.
In consideration of the consideration described above, Three Rivers does hereby
convey to the Bommer and Hansen any and all right, title and interest which it or they
may have in and to any portion of the real properly located south of the boundary line
established by this Agreement.
4. PIPELINE EASEMENT.
Each party grants to the other an easement for the use, operation, maintenance,
repair and replacement of the underground irrigation line which is located north of the
fence line, which easement is 1 (one) rod or 16.5 (sixteen and one half) feet in width.
This easement granted herein is subject to and in addition to all other easements
regarding the underground irrigation line. Neither party nor any successors in interest to
the property described in Exhibit "A" shall do or cause anything to Interfere with the use
of and access to the easement.
5. ADDITIONAL DOCUMENTS:
In the event that any additional document(s) are necessary for permanently
fixing the boundary describe herein, each party agrees to execute such document(s).
9
6. CONSTRUCTION AND BINDING EFFECT:
000677
This agreement shall be effective on the year and day set forth above, shall be
construed according to the law of the State of Wyoming, and shall be binding upon the
parties, their heirs, successors and assigns in ownership of the Black Mountain Property
and Three Rivers Property.
THREE RIVERS DEVELOPMENT
a Wyoming Corporation
By:
Shawn M. Bard, resid nt
f +I.
Attest:
I
Secretary
David C. Hansen, indiVidualiy and as partner of
Black Mountain Ranch, a Wyoming joint venture
I
Timothy J Bommer, individually and as partner of
Black Mountain Ranch, a Wyoming joint venture
oe X1618
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
The foregoing Agreement to Establish Boundary Line and Quitclaim Deed was
acknowledged before me by Shawn M. Bard, as PresidQqnt of Three Rivers Development, a
Wyoming Corporation, before me this I day of X~ttJE~r~ , 2008.
- .hand,an&alff ial seal.
MARLENE FISHER NOTARY PUBLIC
COUNTY OF 0 STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES JANUARY 10, 2000
My commission expires:
/I
C
Notary Obbilc
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
The foregoing Agreement to Establish Boundary Line and Quitclaim Deed was
acknowledged beforothy J Bolmmer, individually and on behalf of Black Mountain
R---'~~Zn of 2008.
,U EE . GRIFFI000Nr11 icial seal.
LINCOLN Mf COMMISSI
Notary Public
My commission expires: 1C'//6j-//f
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN j
The foregoing Agreement to Establish Boundary Line and Quitclaim Deed was
acknowledged before me David C. Hansen, individually and on behalf of Black Mountain
Ranch, before me this day of , 2008.
SUE E. GRIFFIN _ NVIM
CoUNN OFD a official seal.
LINCQLN WYOMING
i~
MY COMMIS310R E%I'IREB 00MER 18, 2011
Notary Public
to ~Gl I
My commission expires:
A
DESCRIPTION FOR
THREE RIVERS DEVELOPMENT
To-wit: - -
That part of the SW%SE%A of Section 27, T36N RI 19W, Lincoln County, Wyoming, being
part of that tract of record in the Office of the Clerk of Lincoln County in Book 386 of
Photostatic Records on page 625, lying and being situate southerly of the north line of said
SW'/,SE'/, and northerly of an existing east-west fence line, said fence line being identical
with the north line of that tract of record in said office in Book 386 of Photostatic Records
on page 627, described as follows:
BEGINNING at the northeast corner of said SW'/,SE%4;
thence SOW-09'-05"E, 18.68 feet, along the east line of said SW%SE'/4, to a point on the
north line of said tract in Book 386 on page 627;
thence S89°-42'-40"W, 1330.40 feet, along the north line of said tract, to a point on the
west line of said SW'/ASE'/4,
thence N00°-18'-57"W, 23.83 feet, aloe; said west line, to the northwest comer of said
SW'/4SE%4;
thence NW-55'-59"E, 1330.65 feet, along the north line of said SW%4SE'/4, to the
CORNER OF BEGINNING;
ENCOMPASSING an area of 0.65 acres, more or less;
the BASE BEARING for this survey is the east line of the SE'/~ of Section 27, T36N
RI 19W, being NO0°-00'-06"W;
it is the intent of this description that the called-for monuments, and not the existing fence
lines, control the location of the property lines;
each "comer" 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 LTD BIG PINEY WY PLS 3889", with appropriate
details;
each "position" is a calculated position with no monument found or sct;
all in accordance with that plat filed in the Office of the Clerk of Lincoln County titled,
"DON M. CORSI, REX M. CORSI, McMENAMY CORSI, AND ROY CORSI PLAT OF
TRACTS WITHIN E-,NFU/4SWl/4 SETA SECTION 27 T36N R119W, LINCOLN
COUNTY, WY t.a 9Q'02 January 2001, as revised, with Accession No. 892433.
1/810
Protaaswal Land SumeyMs
Peal N. Snherhel
Wyo. Reglsballan No. 164
Utah Reglsbation No. 1676
Idaho Regloallon No. 3960
Nevada ReglslrMllon No. 6605
Swit A. 6eherbel
Wyo. RegietreU. No. 3669
kleho Reoshalbn No. 6026
Uleh Regislraltan Na. 372111
MARLOWE A. SCHERGEL
Wyo. Regisin lion No. 5366
Sure- Scherbel, LTD.
Aft- Wyomng
ag Piney. WIIMrkno
,a.kw,l"-g
lava Hoh Spdnye, Idaho
Menlpellw. Idaho
13 October 2N8 22 August 200 Wy6MtNO
"Modification in any way of the foregoing description terminates liability of the surveyor"
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