Loading...
HomeMy WebLinkAbout952453QUITCLAIM DEED 00059' Gale L. Haderlie as Sole Trustee of the Gale L. and Shirley R. Haderlie Family Trust dated December 28, 1999, Shirley R. Haderlie being deceased, of Afton, Lincoln County, Wyoming, grantor, for and in consideration of Ten and No /100 Dollars ($10.00), and other valuable considerations, in hand paid, receipt whereof is hereby acknowledged, CONVEYS and QUITCLAIMS to Alan R. Haderlie and Valerie J. Haderlie, husband and wife, as tenants by the entireties, of PO Box 373, Afton, WY 83110, grantees, all interest in the following described real estate, situate in Lincoln County, and State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State, to -wit: That part of the N1/2SW1/4 of Section 31, T32N, R118W, and that part of the NE1 /4SE1/4 of Section 36, T32N, R119W, within the incorporated limits of the Town of Afton, Lincoln County, Wyoming, being all of that tract of record in the Office of the Lincoln County Clerk in Book 563, page 451, and part of that tract of record in said office in Book 583, page 646, as more particularly described on the attached Description for Alan R. Haderlie and Valerie J. Haderlie Parcel B Adjusted, which is incorporated herein by this reference. TOGETHER WITH a 40 -foot wide, nonexclusive easement for ingress and egress and all underground utilities, for the benefit of the land conveyed to Grantees herein and described as the south 40 feet of the tract designated on the Plat of Boundary Adjustment for Grantor and Grantees as "Future Location of Thirteenth Avenue" and the north 40 feet of the land designated on said plat as the Haderlie Remainder Tract. EXCEPTING and RESERVING unto Grantor and his successors in interest, a 40- foot wide, nonexclusive easement for ingress and egress and all underground utilities, for the benefit of Grantor's land designated as the Haderlie Remainder Tract on the Plat of Boundary Adjustment for Grantor and Grantees, being a tract of land containing 18.53 acres, more or less, and located generally south of the lands conveyed herein to Grantees. The easement reserved herein by Grantor is described as the north 40 feet of the tract designated on said plat as "Future Location of Thirteenth Avenue" and the south 40 feet of the land conveyed herein to Grantees. 1 RECEIVED 3/10/2010 at 11 :34 AM RECEIVING 952453 BOOK: 743 PAGE: 597 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY COVENANTS GOVERNING EASEMENTS GRANTED AND RESERVED HEREIN The easement granted to Grantees and reserved to Grantor are granted and reserved subject to the following covenants which bind them and their respective successors -in- interest: 1. Grantor and Grantees agree that the 80 -foot wide Future Thirteenth Avenue "the street is intended to eventually be dedicated as a public street to the Town of Afton "the Town and they agree to cooperate in and execute all documents required and to each pay 1/2 of the costs to improve the street to Town specifications for a public street when the Town agrees to accept the dedication. 2. Until the street is dedicated to the Town, Grantor and Grantees shall each have full use of the entire 80 -foot width thereof. However, neither Grantor nor Grantees may compel the other party to participate in improving the street unless such improvement is for securing the Town's approval for dedication of the street to the Town, or the other party has improved their respective parcel of land resulting in increased traffic on the street. 3. Grantor and Grantees assume all risk for the use, improvement, operation, and maintenance of their easements and hereby agree to indemnify and hold each other harmless from any and all liability in connection therewith. This provision applies to Grantor and Grantees and their guests, invitees, and all other third parties allowed or requested by them to use, improve, operate, or maintain the easement. 4. Until the street is dedicated to the Town, Grantor and Grantees each shall be responsible for a reasonable and fair share of the maintenance of the street according to their respective use thereof. 5. The easement may not be fenced without the prior written consent of Grantor and Grantees. SUBJECT TO all covenants, conditions, easements, exceptions, restrictions, reservations and rights of way of sight or record. WITNESS my hand as of this 1st day of March, 2010. 2 GSA_ ct., 0 Gale L. Haderlie, Trustee STATE OF WYOMING COUNTY OF LINCOLN ss. On this 8th day of March, 2010, before me personally appeared Gale L. Haderlie, to me personally known, who, being by me duly sworn and put upon his oath, did say that he is the trustee of the Gale L. and Shirley R. Haderlie Family Trust dated December 28, 1999, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustee had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustee acknowledged said instrument to be the free act and deed of said trust. Given under my hand and notarial seal the day and year first above written in this certificate. My commission expires: May 2, 2011. 3 NOTARY PUBLIC 000599 Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utan 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 Surveyor Scherbel, LTD. Afton. Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Rot Springs. Idaho Montpelier. Idaho DESCRIPTION FOR ALAN R. HADERLIE AND VALERIE J. HADERLIE PARCEL B ADJUSTED To -wit: That part of the NI /2SW% of Section 31, T32N R1 18W, and that part of the NE %4SEV4 of Section 36, T32N R119W, within the incorporated limits of the Town of Afton, Lincoln County, Wyoming, being all of that tract of record in the Office of the Clerk of Lincoln County in Book 563 of Photostatic Records on page 451 and part of that tract of record in said Office in Book 583 of Photostatic Records on page 646, described as follows: BEGINNING at a point on the north line of said N %2SW'/, N89 51' -06 "E, 440.90 feet from the northwest corner thereof; thence N89 51' -06 "E, 525.08 feet, along said north line, to the northwest point of that tract of record in said Office in Book 570 of Photostatic Records on page 390; thence S00 41' -57 "E, 316.39 feet, along the west line of said tract in Book 570, to the southwest point thereof; thence N89 51' -06 "E, 1344.15 feet, along the south line of said tract in Book 570, to a point on the west line of that tract of record in said Office in Book 268 of Photostatic records on page 58; thence S11°-00'-00"W, 354.37 feet, along said west line, to a point; thence S03 29' -59 "W, 223.99 feet, along said west line, to a point; thence N89 36' -01 "W, 2259.12 feet, to a point on the westerly right -of -way line of U.S. Highway 89; thence N00 49' -12 "W, 40.01 feet, along said .westerly right -of -way line, to the southwest point of Lot 1 of the Haderlie First Addition to the Town of Afton, of record in said Office with Accession No. 878202; thence S89 36' -01 "E, 467.06 feet, along the south line of said Lot 1, to the southeast point thereof; thence N00 03' -18 "E, 382.69 feet, along the east line of said Lot 1, to the northeast point thereof, identical with the southwest point of said tract in Book 563; thence continuing N00 03' -18 "E, 447.77 feet, along the west line of said tract in Book 563, to the POINT OF BEGINNING; ENCOMPASSING an area of 27.82 acres, more or less; the BASE BEARING for this survey is the west line of the NW'/4SW1/4 of Section 31, T32N R118W, being N00 00' -00 "E; TOGETHER with a right of ingress, egress and utilities over, under and across a strip of land forty (40) feet in width with the northerly line described as follows: BEGINNING at the southwest point of the above described Parcel B Adjusted; thence S89 36' -01 "E, 1933.78 feet, to a point; \Town\Arlon \32 I 18 -31 /Alan Haderlie /6dry A1Ij "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors Paul N. Scheroel Wyo. Registration No. 164 Utah Regislrolion N. 1670 Idaho Registration No. 3990 Nevada Registration No. 6905 Scott A. Scheroel Wyo. Registration N. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scheroel. LTD. Mon, Wyoming Big Piney, Wyoming Jackson. Wyoming Lava Hot Springs. Idaho Montpelier. Idaho DESCRIPTION FOR ALAN R. HADERLIE AND VALERIE J. HADERLIE PARCEL B ADJUSTED PAGE TWO the southerly line of the above described easement to be shortened or lengthened as necessary to create a strip of land forth (40) feet in width to meet the easterly right -of -way line of U. S. Highway 89 and the westerly line of the future extension of Madison Street, as depicted on the below referenced plat; RESERVING unto the grantors, their heirs, successors and assigns a right of ingress, egress and utilities over, under and across a strip of land forty (40) feet in width with the southerly line described as follows: BEGINNING at the southwest point of the above described Parcel B Adjusted; thence S89 36' -0l "E, 1933.78 feet, to a point; the northerly line of the above described easement to be shortened or lengthened as necessary to create a strip of land forth (40) feet in width to meet the easterly right -of -way line of U. S. Highway 89 and the westerly line of the future extension of Madison Street, as depicted on the below referenced plat; SUBJECT to that access easement of record in said Office in Book 479 of Photostatic Records on page 799; SUBJECT to easements of record; 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" or "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT FOR ALAN R. HADERLIE AND VALERIE J. HADERLIE AND GALE L. HADERLIE AND SHIRLEY R. HADERLIE FAMILY TRUST, DATED 28 DECEMBER 1999 WITHIN THE N1/4SW1/4 SECTION 31 T32N R118W NE' /4SE1/4 SECTION 36 T32N R119W LINCOLN COUNTY, WYOMING dated 20 January 2010, as revised. 27 January 2010 \Town\ Alton \32 -1 18 -31 /Alan I- laderlie /Bdry Adj "Modification in any way of the foregoing description terminates liability of the surveyor"