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HomeMy WebLinkAbout952805cow N 0 1n Q 01 a. EASEMENT AGREEMENT JOHNSON ET AL./HAND ET AL. 1 of 11 000141 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is entered into this day of March, 2010, between CHARLEY R. JOHNSON and SUSAN K. JOHNSON, AS TRUSTEES of the C.R. Johnson Trust dated July 14, 1992, as owners of an undivided three- quarters (3/4) interest in certain property in Lincoln County, Wyoming, do 2727 South Rainbow Boulevard, Las Vegas, Nevada 89146, hereinafter jointly, "Johnson LOUISE R. KRAMETBAUER, VICKI HAINSWORTH KING, GENE D. KRAMETBAUER and DENE E. KRAMETBAUER, as joint tenants, as owners of an undivided one quarter (1/4) interest in certain property in Lincoln County, Wyoming, do 2727 South Rainbow Boulevard, Las Vegas, Nevada 89145, hereinafter jointly, "Krametbauer and DWAYNE HAND, JR., KELI LYNN HAND, and DWAYNE K. HAND, as joint tenants of certain property in Lincoln County, Wyoming, and residing at 11822 South 51st Street, Phoenix, Arizona 85044, hereinafter jointly "Hand all referenced together as the "Parties WHEREAS, Johnson is the record owner of the following described real property located in Lincoln County, Wyoming: That land described in the Grant, Bargain, Sale Deed that was recorded in the land records of Lincoln County, Wyoming on July 25, 2001, in Book 467 PR at Page 195 as instrument No. 874097, a copy of said deed being attached hereto; said property hereafter the "Johnson Property and WHEREAS, Krametbauer is the record owner of the following described real property located in Lincoln County, Wyoming: That land described in the Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on December 8, 2008, in Book 710 at Page 691 as instrument No. 944051, a copy of said deed being attached hereto, said property hereafter the "Krametbauer Property and WHEREAS, Hand is the record owner of the following described real property in Lincoln County, Wyoming: That land described in the Quitclaim Deed that was recorded in the land records office of Lincoln County, Wyoming on August 27, 2008, in Book 703 at Pages 286 and 287 as Instrument No. 941637, a copy of said deed being attached hereto; said property hereafter the "Hand Property and WHEREAS, the Parties have agreed to the establishment of an easement for the mutual benefit of the above identified properties. NOW, THEREFORE, the Parties, for themselves and their heirs and /or successors and assigns, hereby establish the following easement: 000142 A. EASEMENT ESTABLISHED. The Parties, for themselves and their heirs and/or successors and assigns, hereby reserve and /or grant and convey a perpetual non exclusive easement for ingress, egress, and underground utilities across a portion of the Johnson/Krametbauer Property as designated in the property description titled "Description: Johnson/Krametbauer Hand Easement" which is attached hereto, and incorporated herein by this reference. B. CONSIDERATION. For and in consideration of Ten Dollars ($10.00) and the mutual promises and agreements of the Parties, and other valuable consideration, the receipt of which is hereby acknowledged, the Parties state and declare that consideration has been provided to each of them for this Agreement. C. EASEMENT COVENANTS. The Parties, for themselves and their heirs and/or successors and assigns, hereby agree: i. That except for temporary obstructions required for the purpose of maintaining and improving the easement, and installing and maintaining, repairing, and replacing underground utilities therein, the easement shall not be obstructed in any manner that would impede free ingress and egress of the Parties, or of any other person or persons with right of ingress and egress in the easement. Easement maintenance and improvement, and utility installation, maintenance, repair, and replacement shall be done in a manner that minimizes any inconvenience to all who are authorized to use the easement for ingress and egress. ii. That the easement shall be used by the Parties for private ingress and egress, but such use shall not occur in such manner that interferes with any party's or any other person's right to use of the easement nor shall it unreasonably interfere with Johnson's and /or Krametbauer's use and enjoyment of their property. iii. That any improvements made within the easement shall be at the sole expense of the Party making the improvements unless otherwise agreed to in writing. The Party making any improvements or installing any utilities shall be solely responsible to maintain, repair and replace such improvements and utilities. iv. The Parties agree to indemnify and hold each other harmless from any and all liability, claims, damages and/or injuries to persons, property or property rights caused by or arising out of a Party's negligent or intentional acts omissions and defaults in the use, improvement, maintenance and/or repair of the easement or for breach of any duty contained herein. v. That the road within the easement shall be maintained as a private road and not as a county road unless otherwise agreed in writing by the Parties. EASEMENT AGREEMENT JOHNSON ET AL. /HAND ET AL. 2 of 11 D. EASEMENT RUNS WITH LANDS. The easement created herein shall run with the lands identified herein, and shall be binding on and shall inure to the benefit of the Parties, and their heirs and/or successors and assigns. E. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties, and any prior understanding or representation of any kind preceding the date of this Affidavit shall not be binding except to the extent incorporated in this Affidavit. F. MODIFIDICATION OF EASEMENT. Any modification of the easement shall be binding only if evidenced by agreement in writing signed by the Parties or their heirs and/or successors and assigns. WITNESS our hands this e CHARLEY R. HNST TRUSTEE of the C.R. Johnson Trust dated July 14, 1998 day of 2010. EASEMENT AGREEMENT JOHNSON ET AL. /HAND ET AL. 3 of 1 1 000143 SUSAN K. JOHNSON, TRUSTEE of the C.R. Johnson Trust dated July 14, 1998 STATE OF NEVADA ss: COUNTY OF CLARK ACKNOWLEDGED before me this 3rcA day of 11narCh 2010, by CHARLEY R. JOHNSON, as Trustee of the C.R. Johnson Trust dated July 14, 1998, acting pursuant to authority provided to him in said Trust. MARTHA S. RAMON Notary Public State of Nevada No. 03- 82021 -1 My appt. exp. May 9, 2011 My Commission expires: STATE OF NEVADA ss: COUNTY OF CLARK MARTHA S. RAMON Notary Public State of Nevada No. 03- 82021 -1 My appt. exp. May 9, 2011 My Commission expires: 9 to 1OI, ACKNOWLEDGED before me this day of YY1arch 2010, by SUSAN K. JOHNSON, as Trustee of the C.R. Johnson Trust dated July 14, 1998, acting pursuant to authority provided to her in said Trust. WITNESS my hand and official seal. NOTARY PUBLIC EASEMENT AGREEMENT JOHNSON ET AL. /HAND ET AL. 4 of 11 OOF144 NOTARY PUBLIC STATE OF NEVADA ss: COUNTY OF CLARK G00145 o-u.444 .eticy00 LOUISE R. KRAMETBAUER ACKNOWLEDGED before me this 16 day of 010-40/ 2010, by LOUISE R. KRAMETBAUER. WITNESS my hand and official seal. MARTHA S. RAMON Notary Public State of Nevada No. 03- 82021 -1 My appt. exp. May 9, 2011 My Commission expires: NOTARY PUBLIC EASEMENT AGREEMENT JOHNSON ET AL./HAND ET AL. 5 of 11 STATE OF NEVADA COUNTY OF CLARK ACKNOWLEDGED before me this ib day of On o� 2010, by VICKI HAINSWORTH KING. WITNESS my hand and official seal. MARTHA S. RAMON Notary Public State of Nevada No. 03- 82021 -1 My appt. exp. May 9, 2011 My Commission expires: s s: J c VICKI HAINSWORTH KING EASEMENT AGREEMENT JOHNSON ET AL./HAND ET AL. 6 of 1 1 C-- NOTARY PUBLIC 000146 STATE OF NEVADA ss: COUNTY OF CLARK WITNESS my hand and official seal. MARTHA S. RAMON Notary Public State of Nevada No. 03- 82021 -1 My appt. exp. May 9, 2011 My Commission expires: EASEMENT AGREEMENT JOHNSON ET AL. /HAND ET AL. 7 of 1 1 GENE D. KRAMETBAUER ACKNOWLEDGED before me this 3 day of cil 2010, by GENE D. KRAMETBAUER. NOTARY PUBLIC DENE E. KRA ETBAUER STATE OF NEVADA ss: COUNTY OF CLARK ACKNOWLEDGED before me this 15 day of rY\c rc�-, 2010, by DENE E. KRAMETBAUER. WITNESS my hand and official seal. MARTHA S. RAMON Notary Public State of Nevada No. 03- 82021 -1 My appt. exp. May 9, 2011 My Commission expires: A 9 ao 1 EASEMENT AGREEMENT JOHNSON ET AL./HAND ET AL. 8 of 1 1 NOTARY PUBLIC 000148 STATE OF f ?l) Xi COUNTY OF Pd(1) ACKNOWLEDGED before me this HAND, JR. IOTA ,p A y e t.. B WITNESS my hand and official seal. My Commission expires SS. )01( EASEMENT AGREEMENT JOHNSON ET AL. HAND ET AL. PAGE 4OF l day ofd 2009 by DWAYNE 06149 O T4 9' r• STATE OF________ COUNTY OF Ed SS. 16X*0 IX ACKNOWLEDGED before me this 4 141 day of -August, 2009 by KELI LYNN HAND. WITNESS my hand and official seal. My Commission expire EASEMENT AGREEMENT JOHNSON ET AL. I HAND ET AL. PAGE/00F t/ KELI LYNN HAND 000150 STATE OF fl Dln Q 200n COUNTY OF F9, l Y ACKNOWLEDGED before me this day of 2009 by DWAYNE K. HAND. WITNESS my hand and official seal. My Commission expire 'Y.� E`ps 1.ar SS. EASEMENT AGREEMENT JOHNSON ET AL. HAND ET AL. PAGE II OFJI 00a ;151 r THIS INDENTURE WITNESSETH: CHARLEY R. JOHNSON GRANTOR(S, °do (es) hereby Grant, Bargain, and Sell to C.R. Johnson Trust dated July 14, 1998, Charley R. Johnson Trustee and Susan K. Johnson Trustee, as to an undivided three- fourth (3/4) interest in the real property situated in the County of Lincoln, State of Wyoming bounded and described as follows: A portion of Lot 2, also being a part of Homestead Entry Survey No. 128, Section 30, Township 35 North, Range 118 West of the 6 principal Meridian, County of Lincoln, State of Wyoming, more particularly described as follows: Beginning at the Southeast Corner (SE -cor) of aforementioned Lot 2, also being corner No. 5 of aforementioned Homestead Entry No. 128; thence N00 °23'46 "W along the East boundary line of said Lot 2, 440.02 feet; thence N 89 °57'47 "W, 990.17 feet; thence S00 °02' 13 "W, 440.00 feet to a point on the South boundary line of said Lot 2, also being the South Line of Homestead Entry No. 128; thence S 89 °57'47" E, along said South boundary line, 993:50 feet to the Point of Beginning. Containing 10 acres, more or less. Together with all tenements, hereditaments, and appurtenances including easements and water rights, if any thereto belonging or appertaining. and any reversions, remainders, rents, issues or profits thereof. Witness my /our hand(s) this /C4 day of in q 2001. Charley R. Johnson STATE OF NEVADA SS COUNTY OF CLARK On this day o j!,.� 0 2001, before me, a notary public, rsonally appeared Charley R. Johnson, known or proved to me to be the person who executed the above instrument.. C°..6TA)' No)ary Public ti e AR' PUBLI STATE OF NEVADA CHRISTINEROTH Ap I. No. 96. 1631 -1 M IresA.tt 1. 2004 GRANT, BARGAIN, SALE DEED WHEN RECORDED MAIL TO: VTN NEVADA CHARLEY R. JOHNSON 2727 S. RAINBOW BLVD. LAS VEGAS, NV. 89102 FOR RECORDERS USE ONLY 8 74097 BOOK 1167 PR PAM 1 5 RECEIVE .INCOLAI COUN7 CLERK Of AIN 25 4 O: 1,,. 55 JI_A v A R K EMMERER, INY N 0M) 1111111 WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO: GENE D. KRAMETBAUER 4450 Palisades Canyon Circle Las Vegas, Nevada 3 9 12 9 RECEIVED 12/8/2008 at 12:131' RECEIVING 9440 BOOK: 710 PAGE: 691 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY QUITCLAIM DEED By this instrument dated December 2006, and for a valuable consideration, receipt of which is hereby acknowledged, LOUISE R. KRAMETBAUER does hereby remise, release and forever quitclaim all her right, title and interest in the following real property to LOUISE R. KRAMETBAUER, VICKI HAINSWORTH KING, GENE D. KRAMETBAUER and DENE E. KRAMETBAUER, as Joint Tenants with the Right of Survivorship, in the following described real property in the City of Thayne, County of Lincoln, State of Wyoming: A portion of Lot 2, also being a part of Homestead Entry Survey No. 128, Section 30, Township 35 North, Range 118 West of the 6th Principal Meridian, County of Lincoln, State of Wyoming, more particularly described as follows: Beginning at the Southeast Corner (SE -cor) of aforementioned Lot 2, also being corner No. 5 of aforementioned Homestead Entry No. 128; then N00°23'46" W, along the East boundary line of said Lot 2, a distance of 440.02 feet; thence N89 °57'47 "W, 990.17 feet; then S00 °02' 13 "W, 440.00 feet to a point on the South boundary line of said Lot 2, also being the South line of said Homestead Entry No. 128; then S89 °57'47 "E, along said South boundary line, 993.50 feet to the point of beginning. The property is more commonly described as Lot 2 Prater Canyon Estates, Unit No -3, City of Thayne, County of Lincoln, State of Wyoming, 83127. t e 0- L/,4 ii eJ rs1-cJ LOUISE R. KRAMETBAUER 0,Ou69i STATE OF NEVADA ss: COUNTY OF CLARK On this ,day of December, before me the undersigned, a Notary Public in and for said County and State, personally appeared LOUISE R. KRAMETBAUER, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. Notary Public NOTARY PUBLIC STATE OF NEVADA County of Clark KATHLEEN DANCHO No. 96. 3704 -1 E 3, 2000 000692 0i 0: 1 File No.: QUITCLAIM DEED Ov2SG Dwayne Hand Jr. and Jean F. Hand, Husband and Wife as joint tenants grantor(s) of Lincoln County, State of Wyoming, for and in consideration of Ten Dollars and Other Good and Valuable Consideration (410.00-), in hand paid, receipt whereof is hereby acknowledged, hereby Convey(s) and Quitclaim(s) To whose address is: 11822 South 51" Street, Phoenix, Az. 85044 all interest in the following described real property, situate in Lincoln County and State of Wyoming, to wit: e6 e 3 Xi sid atiblinKlindi Mblfaillii:NXIil6FxIxlfEx&x a 14 H Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Dwayne State of Wyoming County of Lincoln Dwayne Hand Jr, Keli Lynn Hand, and Dwayne K. Hand as Joint Tenants grantee(s), That portion of the Northwest Quarter of Section 30, Township 35 North, Range 118 West, of the 6'' principal meridian, County of Lincoln, State of Wyoming, as described as Schedule "A" attached hereto and made a part hereof. Witness my/our,... d(s is August 26, f ah �d� The foregoing instrument was acknowledged before me thiscb day of t. cfilA4 20 OR by axial-a- p h 4 Witness my hand and official seal. O My commission expires: I,- a. p a 0 1 1 JILT H. 1 ARS a 4y PUIJLIC County of t'` l State of Lincoln '.x 1N omint My Commis^ioti 20, 2011 SlreamLine Deed Quit Claim WY Rev. 8/26/2008 ss. Public Page 1 of 6 RECEIVED 8/27/2008 at 12:07 PM RECEIVING 941637 BOOK: 703 PAGE: 286 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY G00155 T" SCHEDULE "A" attachment •Beginning at the NortheaSt corner of the Northwest Quarter of. said Section 30, said point also being corner No. '4 of Homestead Entry Survey No.. 128; thence South .00'23!46!!.East along the !East line of aforesaid Northwest Quarter, 876.21 feet; thence North 89 parallel to the' South line of aforementioned Homestead Entry Survey 'NO. 128, 990.17 feet; thence North 00 East, 99.31 feet; thence North !20 230.28 feet; thence North 69 East, 53.86 tangent to the last namedhearing, curving to the right'along a curve having a radius Of 20.00 feet thru a central angle of 74!00'.00", 'an arc distance of 25.83 feet.r.tence North 53 East, 40.00%feet; thence North 36°35'.06" West, 54.74 fee'itj thence due East, 149.51 feet; thence North 76 East, 412.15 feet; thence; South 70 East, 40.00 feet;' thence tangent to a bearing of North 19 East, curving to the left along a curve having a radius of 95.00 feet thru: a central angle of 47 an arc distance of 79.45 feet...to a point,. a radial bearing to said point bears North 62°00'00" East; thence North 22°52'32" East,• 3461.36 feet. to a point on the North line of the aforesaid Northwest QUarter of Section 30; thence due East along said. North line, 275,42 feet to'the•Point of beginning .0 Containing 13,6082 acres More or less. Timber and TOGETHER with all Seller/Orantor'd Mineral rights, i all water claims or rights to water in or under the hereinabove described real property. That portion of the Northwest Quarter of Section .30, Township 35 North, Range 118 West, of the 6th principal meridian, County' of Lincoln, State of Wyoming, described as follows: Description: Johnson Krametbauer Hand Easement A portion of the C.R. Johnson Trust property, as referred to in the Deed recorded with Document No. 874097, in Book 467PR, on Page 195, with the Office of the Clerk of Lincoln County, Wyoming, within HES No. 128 of Section 30, T35N, R118W, of the 6 P.M., Lincoln County, Wyoming, the Boundary and Encumbrances being more particularly described as follows: BEGINNING at the Southwest corner of the Hand property, as referred to in the Deed recorded with Receiving No. 941637, in Book 703, on Page 286, with said Office, said Point of Beginning being 1,835.89 feet S60 °51'45 "E from the Charles V. King PE /LS 590, 1970 location for the Northeast Corner of the NE1 /4, of Section 25, T35N, R119W, of said 6 P.M., also said Point of Beginning being 2,414.50 feet N43 °39'31 "E from the U.S. Department of the Interior, Bureau of Land Management, 1966 location for the Southeast Corner of said NE1 /4, being Identical with Corner No. 2 of HES 62, of said Section 30; thence S89 °22'19 "E, perpendicular to the East line of Prater Canyon Estates Unit 1, as delineated on the Plat recorded with Document No. 404249, on Map No. 166, with said Office, along the South line of said Hand property, 40.00 feet; thence S0 °37'41 "W, parallel with said East line, 240.00 feet; thence N89 °22'19 "W, parallel with said South line, 40.00 feet to a Point in said East line; thence N0 °37'41 "E, along said East line, 240.00 feet, to the Point of Beginning, Encompassing 0.22± Acres of land. TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions, Restrictions, Reservations, Rights -of -Way, Improvements, including but not limited to Conditions of sight and or record. 00C-)157