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Home My WebLink About948293ACCESS EASEMENT rJ&&50jL Forest Dell Ranch, LLC, hereinafter referred to as "Grantors," for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, GRANT AND CONVEY to Aaron D. Lancaster and Anna L. Lancaster, husband and wife, as tenants by the entireties, of P.O. Box 72, Smoot, Wyoming 83126 ; hereinafter referred to as "Grantees", the following described non-exclusive perpetual right of way and access easement for the following purposes: 1. Purpose of Easement: This easement is for the purpose of providing a perpetual nonexclusive Sixty (60) foot wide right of way and access easement for ingress and egress to the property described in paragraph (3), including the right to construct and maintain a roadway to provide said access including ingress and egress. However, this easement is not for the purpose ofproviding or creating a public right- of-way or access to a future division, subdivision, plot division, multiple residences or ownership by virtue of a corporation, trust, partnership, limited liability company or any other development of the lands benefitted by the easement without the prior written consent of the Grantor. This easement is also not for the purpose of providing or creating a public right-of- way or access to the Bridger National Forest or any other public lands. 2. Conditions of Easement: The conditions of this easement are as follows; (a) It is a nonexclusive easement and the Grantor reserves the right use the easement property for all uses not inconsistent with the grant of the easement provided for herein and further reserves the right to grant easements to additional parties at its sole discretion and to reserve the access easement for its own use. (b) The easement may not be fenced by the Grantee without the prior written consent of the Grantor. (c) Grantee may only use the described easement for access to the property described in paragraph 3 in the size and shape said property is currently owned. The described RECEIVED 7/15/2009 at 11:45 AM RECEIVING # 948293 BOOK: 727 PAGE: 501 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY *IVV502 easement may not be used by the Grantee for access or any other use as part of any future division, subdivision, plot division, creation of multiple residents or ownership by virtue of common ownership through an association, corporation, trust, partnership, limited liability company or any other entity or any other development of the lands benefitted by the easement without the prior written consent of the Grantor. (d) The Grantee shall be responsible for any and all costs of construction and maintenance of a road upon the easement that benefits the Grantees' property described in paragraph 3. (e) Grantee shall be responsible for the construction of any gates, cattle guards or other similar type control measures that are necessary across said easement at the point where the easement accesses from Forest Dell County Road # 155 and also at the point where the easement accesses the Grantee's property described in paragraph 3. 3. Property Benefitted by Easement: This easement is for the benefit of the following described real property of the Grantees located in Lincoln County, Wyoming: The property as is more fully described in Exhibit "A" which by this reference is made a part hereof. 4. Description of Easement: The easement is described as follows: The property as is more fully described in Exhibit "B" which by this reference is made a part hereof. 5. Binding Effect: The terms and conditions of this easement shall be binding upon and inure to the benefit of the heirs, successors and interest and assigns of the parties named in this instrument. 6. Waiver of Homestead Rights: The Grantor hereby waives and releases all rights to the described easement under and by virtue of the Homestead Exemption Laws of the State of Wyoming to the extent that any such rights may interfere with the purposes of this easement. 2 .000503 IN WITNESS WHEREOF, the undersigned as Operating Manager of Forest Dell Ranch, LLC, does hereby execute this document for and on behalf of Forest Dell Ranch, LLC as of the 1411' day of July, 2009. Forest Dell By: & 4`'^-- Dennis W. Lanc, THE STATE OF WYOMING ) )ss. COUNTY OF LINCOLN ) The above and foregoing instrument was acknowledged before me by Dennis W. Lancaster, Operating Manager, Forest Dell Ranch, LLC, this 14`1' day of July, 2009. WITNESS my hand and official seal. BECKY BARBER - NOTARY PUBLIC FLinon nty of State of cls ` Wyoming Notary Publ'c My Commission+Expires August 31, 2010 3 DESCRIPTION FOR FOREST DELL RANCH, LLC TRACT A V - To-wit: - - Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWEA.SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho That part of the SE'/4SW%4 of Section 33, T30N RI 18W, Lirico.hl County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 595 of Photostatic Records on page 391, described as :follows: BEGINNING at a point, N18°-37'-36"W, 814.62 feet, from the S%4 corner of said Section 33; thence N32°-12'-33"W, 269.28 feet, to a point; thence N26°-54'-24"W, 239.65 feet, to a point on an existing fence line; thence N38°-02'-33"E, 32.36 feet, along said fence line, to a point; thence S77°-47'-43"E, 137.38 feet, to a point; thence S63°-08'-40"E, 195.13 feet, to a point; thence S35°-20'-02"E, 242.63 feet, to a point; therice S54°-57'-46"W, 264.60 feet, to the POINT OF BEGINNING; ENCOMPASSING an area of 2.40 acres, more or less; the BASE BEARING for this survey is the west line of the NW`/4 of Section 33, T30N R118W, being N02°-02'-00"W; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across the westerly fifteen (15) feet of the above described tract; it is the intent of this description that the called-for monuments, and not the existing fence times, control the location of the property limes; 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" alum.inutn cap inscribed, "SURVEYOR SCHE.RBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF FAMILY EXEMPT TRACT AND ACCESS EASEMENT FOR FOREST DELL RANCH, LLC ITHIN SECTION 33 T30N R118W LINCOLN COUY, OMING", dat l R)4 09, as revised. ~iD aT .t£M July 2009 1.- ^ z.. -7 Colo \'I"&R\30-1 IB-33\Dcnnis Lancaster "Modification in any way of the foregoing description terminates liability of the surveyor" DESCRIPTION FOR FOREST DELL RANCH, LLC Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 ACCESS EASEMENT To-wit: - - WQ ~qq (1,400505 A strip of land sixty (60) feet in width within the W;!2 of Section 33, T30N R118W, Lincoln County, Wyoming, thirty (30) feet on each side of the centerline described as follows: BEGINNING at a point on the south right-of=way line of the Forest Dell County Road No. 12-155, S48°-14'-20"W, 45.23 feet, from the northeast corner of the SW%4NW'/4 of said Section 33; thence S21°-31'-20"E, 160.97 feet, to apoint; thence S12°-15'-38"E, 308.30 feet, to a point; thence S23°-43'-15"E, 173.74 feet, to a point; thence S15°-03'-24"E, 163.85 feet, to a point; thence S10°-46'-56"E, 369.42 feet, to a point; thence S06°-24'-05"E, 97.54 feet, to a point; thence S02°-00'-48"E, 164.04 feet, to a point; thence S07°-42'-32"E, 73.32 feet, to a point; thence S18°-08'-15"E, 112.65 feet, to a point; thence S06°-46'-44"E, 185.98 feet, to a point; thence S23°-20'-50"E, 227.63 feet, to a point; thence S26°-44'-57"E, 302.80 feet, to a point; thence S 1 V-31'-10"E, 105.24 feet, to a point; thence S26°-54'-24"E, 427.12 feet, to a point on the northwesterly line of Tract A, as depicted on the below referenced plat; the BASE BEARING for this survey is the west line of the NW%4 of Section 33; T30N RI 18W, being N02°-02'-00"W; the northerly and southerly right-of-way lines of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of sixty (60) feet to meet the southerly right-of-way line of said Forest Dell County Road No. 12-155 and the northwesterly boundary line of the said Tract A; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Cleric of Lincoln County; 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 12" steel spike; all in accordance with the plat prepared titled, "PLAT OF FAMILY EXEMP RANCH, LLC WITHIN SEC ~O 33' 1 Jul 09-', s revised.' 7July 2009 - 0 July 2009 to be filed in the Office of the Clerk of Lincoln County XCT AND ACCESS EASEMENT FOR FOREST DELL 3ON R118W LINCOLN COUNTY, WYOMING", dated Surveyor Scherbel, LTD. Afton, Wyoming y Big Piney, Wyoming , 7. 0 Jackson, Wyoming Lava Hot Springs, Idaho M. Montpelier, Idaho "Modification in any wa)rQ-f the ` 0 f \l&R\30-118-33\Dei:nis Lancaster terminates liability of the surveyor"