HomeMy WebLinkAbout952753AGREEMENT TO ESTABUSH BOUNDARY UNE
AND
QUITCLAIM DEED
000833
This agreement is entered into on the" day of 2009, by
Timothy J Bommer (Bommer) and David C. Hansen (Hansen), i ivid IIy and on behalf
of Black Mountain Ranch"", P.O. Box 5186, Etna, Wyoming 83118 a Wyoming joint
venture, formerly known as Hobo Ventures (Black Mountain) and Jody W. Shumway and
Ranell Shumway, husband and wife, (Shumway(s)
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, (BMR Property).
B. Shumways owns certain real property located in Lincoln County, Wyoming,
located in Section 27, Township 36 North, Range 119 West, (Shumway Property).
C. The BMR Property and the Shumway Property share a common boundary,
which is the east boundary of the BMR 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 BMR
Property and Shumway 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 by and to Bommer and Hansen by and to Shumways, and intending
to permanently fix the common boundary line between the BMR Property and the
Shumway Property, the parties agree that the common boundary is the east fence Tine
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 and be binding upon the parties, their respective heirs and successors, and the
RECEIVED 4/1/2010 at 2:40 PM
RECEIVING 952753
BOOK: 744 PAGE: 833
JEANNE WAGNER
I INCOLN COUNTY CLERK. KEMMERER, WY
000834
assigns or eventual fee simple title owner of any portion or portions of the BMR Property
or the Shumway Property.
3. QUITCLAIM:
In consideration of payment and promises described above, Bommer and
Hansen, individually and on behalf of Black Mountain, do hereby convey to Shumways
any and all right, title and interest which it or they may have in and to any portion of the
real property located east of the boundary line established by this Agreement.
In consideration of the payment and promises described above, Shumways do
hereby convey to the Sommer and Hansen, indidvidually and on behalf of Black
Mountain, any and all right, title and interest which they may have in and to any portion
of the real property located west of the boundary line established by this Agreement.
5. ADDMONAL 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).
6. CONSTRUCTION AND BINDING EFFECT:
This agreement shall be effective on the year and day set forth above, shall be
construed according to the laws of the State of Wyoming, and shall be binding upon the
parties, their heirs, successors and assigns in ownership of the BMR Property and the
Shumway Property.
Timothy J Bommer, individually and as partner of
Black Mountain Ranch, a Wyoming Joint venture
414 -OA_
David C. Hansen, in ividually and as partner of
Black Mountain Ranch, a Wyoming joint venture
2
STATE OF WYOMING
COUNTY OF UNCOLN
The foregoing Agreement to Establish Boundary Une and Quitclaim bid was
acknowledged before me by Jody W. Shumway and Raneli Shumway before me this day
of Hu1/4i LtLlt 2009.
JAMIE DECORA VIDINESS)btiirlitfin nd official seal.
County of State of
f.s Wyoming
W Y g
My Commission Expires June 27, 2010
My commission expires: 010
STATE OF TEXAS
)s
COUNTY OF MIDLAND
The foregoing Agreement to Establish Boundary Une and Quitclaim Deed was
acknowledged before c mer, individually and on behalf of Black Mountain
Ranch, before me this day of 2009.
WITNESS my hand and official seal
DWENDY PENNELL
MY COMMISSION EXPIRES
November 27, 2010
My commission expires: ce a"A.
STATE OF WYOMING
COUNTY OF TETON
)s
KATIE TOOLSON NOTARY PUBLIC
COUNTY OF 1 STATE OF
LINCOLN .IT, WYOMING
MY COMMISSION EMPIRES SEPTEMBER 3, 2012
My commission expires: I 3 30 1 Z
ACKNOWLEDGMENTS
al seal.
000835
The foregoing Agreement to Establish Boundary Une and Quitclaim Deed was
acknowledged before me b David C. Hansen, individually and on behalf of Black Mountain
Ranch, before me this El" day of 'CRL 2009.
Notary Public
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That part of the S1 /2 of Section 2? anu L_ue N1/2 of Section 34 of
T36N, R119W, Lincoln County, Wyoming, described as follows:
BEGINNING at a point at a fence corner, S44 34.1'W, 1883.77 feet
from the northeast corner of said S1/2 found as described in the
Certified Land Corner Recordation Certificate filed in the Office
of the Clerk of Lincoln County;
thence S00 25.1'W, 1305.45 feet along a fence Line to an
intersection with the south line of said Section 27, S89
1331.59 feet from the southeast corner of said Section 27;
thence continuing S00 25.1'W, 16.87 feet along said fence line
t :o a point on an underground pipeline;
thence S89 32.3'W, 2754.33 feet along said underground pipeline
to a spike in the center -.line of the Roberts- Wolfley County Road
No. 12 -109;
thence northerly along said center -line as follows:
thence N01 41.9'W, 33.88 feet to an intersection with the said
south line of Section 27;
thence continuing NO1'- 41.9'W,. 710.47 feet to a spike at the
beginning of a tangent circular curve to the right;
thence northerly, 389.30 feet along the arc of said curve,
through a central angle of 19 45.5', having a radius of 1128.89
feet, to a spike;
thence N18 03.6'E, 124.30 feet to a spike at the beginning of a
tangent circular curve to the left;
thence northerly, 88.31 feet along the arc of said curve, through
a central angle of 08 15.2', having a radius of 613.03 feet, to
a spike, and leave said center -line;
thence N89 43.0'E, 2671.09 feet along a fence line to the POINT
OF BEGINNING;
ENCOMPASSING an area of 83.95 acres, more or less;
the "points" and "spikes" (monuments) called for in the
description take precedence over the calls for the fence lines
and the pipeline in determining the actual boundaries of the
tract herein described;
this survey included a faithful retracement of the said County
Road; should the center -line of the said County Road be shown to
he in a different location than called for herein. then the
center -line of the said County Road shall be the west boundary
line of the above described tract and the monuments called for
herein shall rule for the direction of the north and south lines
of the tract.;
"point" indicates a 5/8" x 24" steel reinforcing
a luminum cap inscribed: "SURVEYOR SCMERBEL LTD.
PLS 3889 and other appropriate details, set this
"spike" indicates a 3/8" x 12" steel spike set this survey;
the section lines as described herein are those established by
Surveyor Scherbel, Ltd. during a survey performed at the request
of the Wyoming Game and Fish Department during 1990 and 1991 as
shown on the plats of said survey to be filed in the said Office;
all in accordance with the plat to
Clerk of Lincoln County titled:
SANDERSON OF TRACT IN S1/2 SECTION
LINCOLN COUNTY, W OMING.
28 March 1991
rod with a 2"
BIG PINEY, WY
survey;
be filed in the Office of the
"PLAT OF SURVEY FOR C. REID
27 N1 /2 SECTION 34 T36N R119W
000836