HomeMy WebLinkAbout952643FIRST AMENDMENT TO EASEMENT
1:;010295
COMES NOW, Ralph S. Heiner, Gwen R. Heiner, and Dick R. Heiner, Trustees of The
Ralph S. Heiner Trust February 12, 1990, as amended or restated (the "Ralph S. Heiner Trust
of 3221 Lincoln County Road 12 -123, Bedford, WY 83112, who state as follows:
WHEREAS, the Ralph S. Heiner Trust granted an easement to Carl S. Heiner and
Darlene F. Heiner, Trustees of the Carl S. Heiner Family Revocable Trust dated October, 6, 1992
(the "Carl S. Heiner Trust of 871 Lincoln County Road No. 123, Bedford, WY 83112;
WHEREAS, said easement is recorded in Book 559PR, Page 665, as Document No.
900393 on June 23, 2004 in the Lincoln County Clerk's Office, Kemmerer, Wyoming (the
"Easement A copy of said easement is attached hereto and incorporated by this reference;
WHEREAS, the Ralph S. Heiner Trust, by and through its Trustees, wishes to amend
said Easement at Paragraph 3, to clarify and add additional properties which shall be benefited
by the Easement;
NOW THEREFORE, the Trustees of the Ralph S. Heiner Trust declare as follows:
1. That Paragraph 3 of the Easement is deleted in its entirety and the following language
is substituted therefor:
(a) BEGINNING at the Witnessed Spike marking the Southeast Corner of the NW1 /4NE1 /4 of
said Section 9, said point also marking a point in the North line of the Ralph Heiner property as
referred to in the Deed recorded in Book 50PR, on Page 382 with said Office; thence
S64 °27'35 "W, along said North line, 1,493.89 feet to the B.L.M. type monument marking the
Lloyd B. Baker PE/LS 698, 2004 location of the Southeast Corner of the N1 /2SE1 /4NW1 /4 of
said Section 9; thence N0 °47'05 "E, along the East line of said N1 /2SE1 /4NW1 /4, 666.70 feet to
the Witnessed Spike marking the Lloyd B. Baker PE/LS 698, 2004 location for the Southwest
Corner of said NW1 /4NE1 /4; thence S89 °02'06 "E, along the South line of said NW1 /4NE1 /4,
1,338.97 feet to the Point of Beginning, containing 10.247 Acres of land.
(b) In T33N, R118W of the 6 P M Lincoln County Wyoming
In Section 8: E1 /2NE1 /4
In Section 9: NW1 /4, N1 /2SW1 /4, and NW1 /4NE1 /4
being in all a total of 360 acres of land
(c) BEGINNING at the Lloyd B. Baker PE/LS 698, 2008 location for the
Southeast Corner of the NW1 /4NE1 /4 of said Section 9; thence N0 °36'26 "E,
along the East line of said NW1 /4NE1 /4, 25.00 feet to the Southwest corner of
the Kidd property, as referred to in the Deed recorded with Instrument No.
757889, in Book 321PR, on Page 122, with said Office; thence S89 °02'06 "E,
along the South line of said Kidd property, parallel with the North line of said
SE1 /4NE1 /4 of said Section 9, 350.00 feet; thence S0 36'26 "W, parallel with the East line of the
SW1 /4NE1 /4 of said Section 9, 300.00 feet; thence
RECEIVED 3/23/2010 at 11:07 AM
RECEIVING 952643
BOOK: 744 PAGE: 295
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
N89 °02'06 "W, parallel with the North line of said SE1 /4NE1 /4 of said Section
9, 350.00 feet to a Point in the East line of said SW1 /4NE1 /4 of said Section
9; thence N0 °36'26 "E, along said East line of said SW1 /4NE1 /4 of said
Section 9, 275.00 feet, to the Point of Beginning, Encompassing 2.41± Acres
of land.
(d) A portion of the property, as referred to in the Deed recorded with Receiving
No. 935815, in Book 682, on Page 107, with the Office of the Clerk of
Lincoln County, Wyoming, within the E1/2 of Section 9, T33N, R118W, of
the 6th P M Lincoln County, Wyoming, the Boundary and Encumbrances
being more particularly described as follows: BEGINNING at the Lloyd B.
Baker PE/LS 698, 2007 location for the Northwest Corner of the S1 /2NW1 /4
of Section 10, of said T33N, R118W; thence S0 °25'34 "W, along the West line
of said S1 /2NW1 /4, 1,329.14 feet to the Charles V. King PE/LS 590, 1989
location for the Northwest Corner of the SW1 /4 of said Section 10; thence
S0 °25'36 "W, along the West line of said SW1/4, 1,070.68 feet to a Point, said
Point being 1,588.03 feet N0 °25'36 "E, along said East line from the Paul N,
Scherbel RLS 164, 1980 location for the Southwest Corner of said SW1 /4;
thence S28 °51'47 "W 235.09 feet; thence S40 °08'03 "W 193.00 feet; thence
S45 °08'09 "W 183.45 feet; thence S39 °32'12 "W 176.57 feet to the Beginning
of a 250.00 feet Radius Curve to the Right; thence Southwesterly, along said
Curve to the Right, through a Central Angle of 18 °08'48 an arc length of
79.18 feet, said curve having a chord of S48 °36'36 "W 78.85 feet; thence
S57 °41'00 "W 104.41 feet to the Beginning of a 500.00 feet Radius Curve to
the Right; thence Southwesterly, along said Curve to the Right, through a
Central Angle of 12 °56'37 an arc length of 112.95 feet, said curve having a
chord of S64 °09'18 "W 112.71 feet; thence S70 °37'36 "W 82.40 feet; thence
S73 °55'50 "W 161.18 feet; thence S81 °41'29 "W 102.13 feet; thence
S75 °36'53 "W 116.30 feet; thence S83 °39'09 "W 274.04 feet; thence
S85 °09'12 "W 221.83 feet; thence N88 °10'20 "W 398.14 feet; thence
S78 °57'43 "W 133.17 feet; thence S63 °27'05 "W 184.74 feet; thence
S71 °07'47 "W 255.55 feet; thence S76 °08' 15 "W 107.75 feet to a Point in the
East line of the SW1/4 of said Section 9, said Point being 253.35 feet
N0 °47'15 "E, along said East line, from the Lloyd B. Baker PE/LS 698, 2003
location for the Southeast Corner of said SW1 /4; thence N0 °47'15 "E, along
said East line 2255.91 feet to the southeast corner of the NW'% section 9
Lloyd B Baker PE/698, thence N0 °47'15 "E, along said East line, 666.94 feet
to the Southwest corner of the Heiner property, (CSN 1/64 section 9, 2004
Lloyd B Baker PE/LS 698) as referred to in the Deed recorded with Receiving
No. 935816, in Book 682, on Page 110, with said Office; thence
N64 °27'12 "E, along the South line of said Heiner property, 1,494.10 feet, (NE
1/16 section 9, 2008 Lloyd B Baker PE/LS 698) thence S0 °3626 "W, 275 feet,
thence S89 °02'06 "E, 350 feet thence N0 °36'26 "E, 300 feet, thence
S89 °02'06 "E, along the South line of said Kidd property, parallel with the
North line of the SE1 /4NE1 /4 of said Section 9, 250 feet to the Southeast
corner thereof; thence S80 °33' 11 "E 169.50 feet to a Point in said North line of
(Ou'296
said SE1 /4NE1 /4; thence S89 °02'06 "E, along said North line, 571.56 feet, to
the Point of Beginning, Encompassing about 187.49± Acres of land.
(e) The Heiner property, as referred to in the Deed recorded with Receiving No.
935818, in Book 682, on Page 116, and a portion of the Heiner property, as
referred to in the Deed recorded with receiving No. 935815, in Book 682, on
Page 107, all with the Office of the Clerk of Lincoln County, Wyoming,
within the NE1 /4NE1 /4 of Section 9, and the NW1 /4NW1/ 4 of Section 10,all
in T33N, R118W, of the 6th P.M., Lincoln County, Wyoming, the Boundary
and Encumbrances being more particularly described as follows:
BEGINNING at the Lloyd B. Baker PE /LS 698, 2 007 location for the
Northeast Corner of the SE1 /4NE1 /4 of said Section 9; thence N89 °02'06 "W,
along the North line of said SE1 /4NE1/ 4, 571.56 feet; thence N80 °33'11 "W
169.50 feet to the Southeast corner of the Kidd property, as referred to in the
Deed recorded with Document No. 757889, in Book 321PR, on Page 122
with said Office; thence N47 °04'02 "E, along the Easterly line of said Kidd
property, 788.64 feet to a Point in the Westerly line of the Heiner property, as
referred to in the Deed recorded with Document No. 902092, in Book 565, on
Page 308, with said Office; thence S49 °01'58 "E, along said Westerly line,
46.36 feet to the Southwest corner thereof; thence N48 °59'32 "E, along the
Southerly line of last said Heiner property, 98.17 feet to a Point in the
Westerly Right -of -Way line for Bedford Turnerville County Road 12 -123, as
referred to in the Right -of -Way, recorded with Document No. 229566, in
Book 24PR, on Page 130, with said Office, said Point being a Point in a 1, 3
97.22 feet Radius Curve to the Right, from which the Radius Point bears
S68 °56'25 "W; thence Southeasterly, along said Right -of -Way, the following:
Southeasterly, along said Curve to the Right, through a Central Angle of
4°19'55", an arc length of 105.64 feet, said curve having a chord of S18°5
3'37 "E 105.62 feet; S16°43'39"E 276.67 feet to the Beginning of a 198.59 feet
Radius Curve to the Left; Southeasterly, along said Curve to the Left, through
a Central Angle of 44 °11'00 an arc length of 153.14 feet, said curve having a
chord of S38 °4 9'09 "E 149.38 feet; and S60 °54'39 "E 265.50 feet to a Point in
the North line of the SW1 /4NW1 /4 of said Section 10; thence N89 °44'47 "W,
along said North line, 387.30 feet, to the Point of Beginning, Encompassing
7.17± Acres of land.
(f) BEGINNING at a Cotton Gin Spike marking the Point of Beginning
for the Easement recorded in Book 559PR, on Page 665, with said Office, also being
a Point in the Center Line of Bedford- Turnerville County Road No. 12 -123,
said point being 695.55 feet S2 °42'39 "W, NOT along the Section line, from
the B.L.M. type Monument marking the Lloyd B. Baker PE/LS 698, 1981
location for the Northeast Corner of said NE1 /4NE1 /4; thence S48 °59'32" W,
along the Center Line of said Easement, 135.89 feet to a Cotton Gin Spike;
thence N49 °01'58 "W 46.36 feet to an Aluminum Cap on Iron Pipe marking a
Point in the East line of the Kidd property, as referred to in the Deed recorded
in Book 321PR, on Page 122, with said Office; thence N0 °54'31 "E, along said
OO529'7
East line, 264.63 feet to an Aluminum Cap on Iron Pipe; thence N58 °26'26 "E
27.05 feet to a Cotton Gin Spike marking a point in said County Road Center
Line; thence Southeasterly, along said Center Line, along a 1432.22 feet
Radius Curve to the Right having a central angle of 9 °5126 an arc length of
246.40, and a chord of S26 °37'51 "E 246.10, to the Point of Beginning
containing 0.583 Acres of Land.
2. The Easement(s) created herein shall run with the lands identified herein.
3. The parties hereto and their spouses, for themselves and their heirs and successors
and assigns, hereby waive any and all rights 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 the Easement.
4. The remainder of the Easement is hereby approved and confirmed in all other
respects.
000298
IN WITNESS WHEREOF, each party to this FIRST AMENDMENT TO EASEMENT
caused it to be signed on the dates indicated below:
RALPH S. HEINER TRUST
RALP N alef,91 4 `erte 4s
Ao-e-x/
S. HEINER, TR TEE GWEN R. HEINER, TRUSTEE
1!"
DICK R. 1 INE
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me on the day of March, 2010, by RALPH S.
HEINER, GWEN R. HEINER, and DICK R. HEINER, who each acknowledged further that
each signed the foregoing as TRUSTEE of the RALPH S. HEINER TRUST DATED
DECEMBER 3, 2007, pursuant to authority provided to each therein.
and
NOTARY UBLIC
My Comm'.sion expires:
/L//?%o/.
UBl.1
o
BOOK 5 5 kIPAGEL 5
9003
Ralph S. Heiner ard R. Heiner, Trustees:of the 1ph SF Heiner Revocable Trust
dated February 12, 1990, cf 3221 Lincoln County ROad tiec{G•d, WY 83112,
grantors,
RECEIVED
LINCOL JTy CLERK
EASEMENT
2:; in: 1;1
for and in consideration o Ten Dollars ($10.00) and other valuable consideration, in hand paid,
receipt of which is acknowledged, grants and conveys to Carl S. Heiner and Darlene F. Heiner,
Trustees of the Carl S. Feiner Family Revocable Trust dated October 6, 1992, of 871 Lincoln
County Road No, 123, BectfOrd, WY 83112,
grantees,
the following described perpetual right-of-way easement for the following purposes:
(.70Cp299
1. Purpose of Easement. This easement is for the purpose of providing a perpetual,
nonexclusive 60-foot wide right-of-way easement for ingress and egress and all underground
utilities to the property described in paragraph 3 from the Bedford—Turnerville Lincoln County Road
No. 12-123, including the right to .construct and maintain a roadway to provide, that ingress and
egress and for all undergro And utilities.
2. Conditions of this Easement. The conditions of this easement are:
a. The easement may not be fenced by Grantees without the prior
written consent of Grantors.
b. Grantors have no duty to construct, operate, or maintain any roadway
or underground utilities constructed in the described easement. Grantees are
responsible for the cost of construction of any road or utilities and the cost of the
subsequent operation and maintenance of such improvements.
3 Property Benefited by Easement. This easement is for the benefit of the following
described real property of the grantees in Lincoln County, Wyoming:
(a) NE1/4NW1P, NW1/4NE1/4, and commencing at a point 40 rods North of the
SW Corner of the NE1/4 of Section 9, thence North 40 rods, thence East 80 rods,
thence in a Southwysterly direction to the point of beginning, containing 10 acres of
land; all of the aforedescribed lands being located in Section 9, T33N, R118W of the
6th P.M. Lincoln Cainty, Wyoming.
0900393
(b) In T33N, R1-18W of the 6th P.M., Lincoln County, Wyoming:
In Section 8: NW1 ;4NE114 and E1/2NE1/4.
In Section 9: W1 /2NIW1 /4, SE1 /4NW1 /4, and N1/2SW1/4.
being in all, a total o 320 acres of land.
4. Descriptior of Easement. The easement is described as follows:
666
A portion of the pr )perty, as referred to in the Deeds recorded in Book 50PR, on
Page 382, in Book 292PR, on Page 328, and in Book 292, on Page 230 with the
Office of the Clerk 2f Lincoln County, Wyoming, within the E1 /2NE1 /4 of Section 9,
T33N, R118W, of the 6 P.M., Lincoln County, Wyoming, being 25.00 feet on the
Right and 35.00 feet -on the Left of the following described Center Line:
BEGINNING at a Cotton Gin Spike marking a point in the Center Line of Bedford
Turnerville County Road 12 -123, said Point of Beginning, being 695.55 feet
S2 °42'39 "W, not akung the Section line, from the B.L.M.. type monument marking the
Baker Engineers PE/LS 698, 1981 location for the Northeast Corner of said
E1 /2NE1 /4; thence S48 °59'32 "W 135.89 feet to a Cotton Gin Spike; thence
S59 °49'41 "W 95.45 feet to a Cotton Gin Spike; thence S47 03'20 "W 489.85 feet to
a Cotton Gin Spike marking the beginning of a 100.00 feet Radius Curve to the Left,
thence Southwesterly, along said Curve to the Left having a central angle of
39 °03'02 an arc length of 68.16 feet, and a chord of S27 °31'49 "W 66.85 feet to a
Cotton Gin Spike marking the beginning of a 68.97 feet Radius Curve to the Right;
thence Southwesterly, along said Curve to the Right having a central angle of
59 °04'50 an arc length of 71.12 feet, and a chord of S37 °32'43 "W 68.01 feet to a
Cotton Gin Spike; thence S67 °05'08 "W 96.39 feet to a Cotton Gin Spike marking a
point in the East West Center line of said E1 /2NE1 /4; thence N89 °02'06 "W, along
said Center line, 613.73 feet to the B.L.M. type Monument marking Lloyd B. Baker
PE/LS 698, 2004 location for the Southeast Corner of the NE1 /4NW1 /4 of said
Section 9, also being a point in an East line of the property, as referred to in the
Deed recorded in Biiok 321 PR, on Page 125, with said Office.
5. Binding Effnct. 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 H )mestead 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.
2
2004.
STATE OF WYOMING
COUNTY OF LINCOLN
ss.
GERALD L. GOULDING NOTARY PUBLIC
County of State of
Wyoming
My Commission Expires May 2, 2007
My commission expires: May 2, 2007.
3
00
301
00039:3; 667
IN WITNESS WHEREOF, we have hereunto set our hands as of the 21st day of June,
Ralp S. Heiner, Trustee
R c.o .rOh 2
Gwen R. Heiner, Trustee
On this 21st day of June, 2004, before me personally appeared Ralph S. Heiner and Gwen
R. Heiner to me personally known, who, being by me duly sworn and put upon their oath, did say
that they are the trustees of the Ralph S. Heiner Revocable Trust dated February 12, 1990,
described in and which e:cecuted the foregoing instrument; that said instrument was signed and
sealed on behalf of said t ust; that said trustees had the authority under the terms of the written
trust instrument to execute the instrument on behalf of the trust; and said trustees 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.
NOTARY PUBLIC