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HomeMy WebLinkAbout954367RECEIVED 7/14/2010 at 10:37 AM RECEIVING 954367 BOOK: 750 PAGE: 404 JEANNE WAGNER QUITCLAIM DEED LINCOLN COUNTY CLERK, KEMMERER, WY O X4® KNOW ALL PERSONS BY THESE PRESENTS, that A. VERDEAN JENSEN and VERNA R. JENSEN, TRUSTEES of the A. Verdean and Verna R. Jensen Family Trust dated 18 July 2002, 110 East Twin Cliffs, Afton, Wyoming 83110, and COLIN C. JENSEN and KAREN JENSEN, husband and wife, as tenants by the entireties, 258 Greenfield Circle, Fruit Heights, Utah 84037, GRANTORS, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, have hereby remised, released, and forever quitclaimed unto COLIN JENSEN and KAREN JENSEN, TRUSTEES of The Colin Jensen and Karen Jensen Joint Living Trust dated January 22, 2008, 258 Greenfield Circle, Fruit Heights, Utah 84037, GRANTEES, and their successors and assigns forever, all such right, title, interest in property, possession, claim, and demand as they may have or ought to have in and to all of the following described property, to wit: See the property description titled "DESCRIPTION FOR A. VERDEAN AND VERNA R, JENSEN FAMILY TRUST, DATED 18 JULY 2002 AND COLIN C. JENSEN AND KAREN JENSEN COLIN JENSEN TRACT" dated 17 December 2008, attached hereto and incorporated herein by reference, hereafter referred to as the "C. C. K. Jensen Property". Together with all buildings, improvements, and appurtenances thereon situate or in anywise appertaining thereto, and any water rights associated therewith. Subject to any easements, reservations, restrictions, or rights -of -way of record, of sight, or in use. And also conveying unto Grantees an undivided one -half (1/2) interest in and to the following described property, to wit: See the property description titled "DESCRIPTION FOR A. VERDEAN AND VERNA R, JENSEN FAMILY TRUST, DATED 18 JULY 2002 AND COLIN C. JENSEN AND KAREN JENSEN ACCESS TRACT" dated 17 December 2008, attached hereto and incorporated herein by reference, hereafter referred to as the "Access Tract And also conveying a non exclusive right for ingress and egress in and to the following described property within the NW1 /4SE1/4 of Section 11, T32N R119W, Lincoln County, Wyoming, hereafter referenced as the "Easement Tract Beginning at the northwest corner of the Access Tract; thence N00 16' -26 "E, 620.35 feet, along a line parallel with the east line of the NW 1 /4SE 1 /4, to a point on the north line of the property described in the property description titled "DESCRIPTION FOR A. VERDEAN AND VERNA R, JENSEN FAMILY TRUST, DATED 18 JULY 2002 AND COLIN C. JENSEN AND KAREN JENSEN VERDEAN JENSEN TRACT (2)" dated 17 December 2008, attached hereto and incorporated herein by reference, hereafter referenced as the "A. V. V. R. Jensen Property thence N89 43' -44 "E, 20.00 feet along said north line to the northeast corner of said A. V. V. R. Jensen Property; thence S00 16'26 "W, 620.35 feet, along a line parallel with said east line to a position on the north line of said Access Tract; thence S89 43' -35 "W, 20.00 feet, along said north line to the corner of beginning. Grantors and Grantees agree that the Access Tract and the Easement Tract shall be subject to the following covenants, conditions, and restrictions: a. The Access Tract and the Easement Tract shall provide a nonexclusive right -of- way for ingress, egress, and underground utilities from Pole Line Road to the A. V. V. R. Jensen Property and to the C. C. K. Jensen Property. QUITCLAIM DEED JENSEN, TRUSTEES JENSEN JENSEN, TRUSTEES PAGF. 1 (IF 3 QUITCLAIM DEED JENSEN, TRUSTEES JENSEN JENSEN, TRUSTEES PAGE 2 OF 3 b. Except for temporary obstructions required for the purposes of maintaining and improving the Access Tract and the Easement Tract rights -of -way, and installing and maintaining underground utilities therein, the Access Tract and the Easement Tract shall not be obstructed in any manner that would impede free ingress and egress from Pole Line Road to the property described in the above property descriptions. Maintaining a gate or gates shall not be considered an obstruction; provided, however, that if any gate is maintained within the Access Tract and/or the Easement Tract and any lock is maintained thereon, the lock combination or key shall be provided to the owners of both the A. V. V. R. Jensen Property and the C. C. K. Jensen Property. c. The costs of ordinary maintenance of the Access Tract and the Easement Tract, including occasional re- grading to maintain a reasonably passable right -of -way, shall be divided equally among the persons entitled to use of the Access Tract and the Easement Tract and their rights -of -way. Ordinary maintenance shall not include snow removal. d. Any improvements made within the Access Tract and the Easement Tract shall be at the sole expense of the person(s) making the improvements unless otherwise agreed to in writing. e. The Access Tract and the Easement Tract and the rights -of -way they provide shall run with A. V. V. R. Jensen Property and the C. C. K. Jensen Property, as described in the above property descriptions, and the covenants, conditions, and restrictions herein shall be binding on and shall inure to the benefit of Grantors and Grantees, and their successors or assigns forever. The C. C. K. Jensen Property and the Access Tract and the Easement Tract shall be subject to the following right of first refusal: a. If Grantee or Grantee's successor(s) receive a bona fide offer from a third party other than any lineal descendent of Colin Jensen and Karen Jensen for the purchase of said property, Grantee or Grantee's successor(s) shall provide the owner of the adjacent property, which is the property described in the property description titled "DESCRIPTION FOR A. VERDEAN AND VERNA R, JENSEN FAMILY TRUST, DATED 18 JULY 2002 AND COLIN C. JENSEN AND KAREN JENSEN VERDEAN JENSEN TRACT (2)" dated 17 December 2008, attached hereto and incorporated herein by reference, with written notice thereof to said owner's address then of record in the Office of the County Assessor for Lincoln County, Wyoming, said notice to include the sale price and the sale terms and conditions of said offer. b. The owner of said property shall then have ten (10) days from receipt of said written notice, Saturdays, Sundays, and legal holidays excluded, in which to match or exceed said bona fide offer by providing written notice to Grantee or Grantee's successor(s) of said owner's intent to purchase said property, and thereafter said owner shall have not more than ninety (90) days from the date of such notice in which to complete the purchase of said property. c. If the owner of said property fails to provide Grantee or Grantee's successor(s) with a written response in the time provided, or if said owner fails to match the bona fide offer, or if said owner fails to timely complete the purchase of said property, then this first right of refusal shall automatically terminate. d. Upon the filing in the land records in the Office of the Clerk of Lincoln County Wyoming by Grantee or Grantee's successor(s) of an affidavit stating that said owner has failed to exercise said owner's first right of refusal, this first right of refusal shall be null and void, and of no further effect whatsoever. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming WITNESS our hands this day of ,7;4 2010. VERDEAN JENS TRUSTEE VERNA R. JENSE USTEE of the A. Verdean Verna R. Jensen of the A. Verdean and erna R. Jensen Family Trust dated 18 July 2002 Family Trust dated 18 July 2002 COLIN C. DENS 'N STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on the day of JLt l Verdean Jensen and Verna R. Jensen, acting as Trustees of the A. Verde Family Trust dated 18 July 2002 pursuant to authority provided to them in WITNESS my hand and official seal. MINDY LYMAN COUNTY OF LINCOLN NOTARY PUBLIC STATE OF WYOMING MY COMMISSION EXPIRES FEBRUARY 1, 2011 My Commission expires: STATE OF UTAH COUNTY OF DAVIS SS. WITNESS my hand and official seal. My Commission expires: O1 ,2 o I /i/4 J 2010, by A. and Verna R. Jensen said Trust. ACKNOWLEDGED before me on this, the LO day of \i 2010, by Colin C. Jensen and Karen Jensen. NOTARY PUBLIC QUITCLAIM DEED JENSEN, TRUSTEES JENSEN JENSEN, TRUSTEES PAGE 3 OF 3 NOTARY S EARLE 1344 West 4675 South Riverdale, Utah 84405 My Commission Expires November 01, 2011 STATE OF UTAH Professional Land Surveyors Paul N. Scherbel Wyo. Registration No 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A. Scherhel Wyo. Registration No. 3889 Idaho Registration No. 8026 UIah Regislralion No. 372111 NARLOWE A. SCHERBEL Wyo Registration No. 5368 Surveyor Scherbel, LTD Afton, Wyoming 3ig Piney, Wyoming Jackson, Wyoming .ova Hot Springs. Idaho '.lonluelier, Idaho DESCRIPTION FOR A. VERDEAN AND VERNA R. JENSEN FAMILY TRUST, DATED 18 JULY 2002 AND COLIN C. JENSEN AND KAREN JENSEN COLIN JENSEN TRACT To -wit: That part of the NW/SPA of Section 11, T32N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 680 of Photostatic Records on page 487 and in Book 708 of Photostatic Records on page 534, described as follows: BEGINNING at the northwest corner of said NW1/4SE1/4; thence N89 43' -29 "E, 1272.26 feet, along the north line of said NW' /4SE1/4, to the northeast point of said tract in Book 680 of Photostatic Records on page 487; thence S00 16' -26 "W, 676.66 feet, along the east line of said tract, to a point; thence S89 43' -44 "W, 1273.14 feet, along a line parallel with the south line of said NW' /ASE' /4 to a point on the west line thereof; thence N00 20' -54 "E, 676.58 feet, along said west line to the CORNER OF BEGINNING; ENCOMPASSING an area of 19.77 acres, more or less; TOGETHER with a twenty (20) foot access easement described as follows: BEGINNING at the northwest comer of the ACCESS TRACT as depicted on the below referenced plat; thence N00 16' -26 "E, 620.35 feet, along a line parallel with the east line of the NW'/4SE'/4, to a point on the north line of the Verdean Jensen Tract as depicted on the below referenced plat; thence N89 43' -44 "E, 20.00 feet, along said north line to the northeast corner of said Verdean Jensen Tract; thence S00 16' -26 "W, 620.35 feet, along a line parallel with said east line to a position on the north line of said ACCESS TRACT; thence S89 43' -35 "W, 20.00 feet, along said north line to the CORNER OF BEGINNING the BASE BEARING for this survey is the North line of the NW' /4SE'/4 of Section 11, T32N R119W, being N89 43' -29 "E; each "corner" found as described in the Corner 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" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details. each "position" is a calculated position with no monument found or set; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "A. VERDEAN AND VERNA R. JENSEN FAMILY TRUST, DATED 18 JULY 2002 AND COLIN C. JENSEN AND KAREN JENSEN PLAT OF FAMILY EXEMPT TRACTS WITHIN THE N1/4SE1/4 SECTION 1 132 R119W LINCOLN COUNTY, WYOMING" dated 5 September 2018, as revised. December 2008 6YO AO "Modification in any way of the foregoing description terminates liability of the surveyor" 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 Surveyor Scherbel, LTD. 4800, Wyoming Sig Piney. Wyoming Jackson. Wyoming .ava Hot Springs. Idaho Montpelier. Idaho DESCRIPTION FOR 408 A. VERDEAN AND VERNA R. JENSEN FAMILY TRUST, DATED 18 JULY 2002 AND COLIN C. JENSEN AND KAREN JENSEN ACCESS TRACT To -wit: That part of the N %2SE' /4 of Section 11, T32N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 680 of Photostatic Records on page 487 and in Book 708 of Photostatic Records on page 534, described as follows: BEGINNING at the southeast corner of said N1/2SE1/4; thence S89 43' -35 "W, 1328.31 feet, along the south line of said N '/2SE1/4, to the southwest corner of the NE' /4SE1/4; thence S89 43' -44 "W, 75.01 feet, along the south line of the NW1/4SE1/4 to a point; thence N00 16' -26 "E, 20.02 feet, to a point; thence N89 43' -35 "E, 1403.30 feet, to a point on the east line of said N %2SE /4; thence S00 12' -55 "W, 20.03 feet, along said east line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 0.64 acres, more or less; the BASE BEARING for this survey is the North line of the NW'/4SE1/4 of Section 11, T32N R1 19W, being N89 43' -29 "E; each "corner" found as described in the Corner 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" aluminum cap inscribed, "SURVEYOR SCHERBEL 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, "A. VERDEAN AND VERNA R. JENSEN FAMILY TRUST, DATED 18 JULY 2002 AND COLIN C. JENSEN AND KAREN JENSEN PLAT OF FAMILY EXEMPT TRACTS WITHIN THE %2 1/4 SECTION 11 T32N RI19W LINCOLN CO OMING" dated S t�ri er 2008, as revised. 7 6ecember 2008 t "Modification in any way of the for description terminates liability of the 'rolessional Land Surveyors 'ad N. Scherbel Vyo, Registration No. 164 Rah Registration No, 1670 Jaho Registration No. 3990 levada Registration No 6805 ;colt A. Scherbel Vyo, Registration No. 3889 iaho Registration No. 8026 Itch Registration No. 372111 4ARLOWE A. SCHER8EL Vyo Registration No 5368 dlrveyor Scherbel, LTD. ,tton, Wyoming lig Piney, Wyoming ackson, Wyoming ava Hot Springs, Idaho 4ontpelier, Idaho DESCRIPTION FOR A. VERDEAN AND VERNA R. JENSEN FAMILY TRUST, DATED 18 JULY 2002 AND COLIN C. JENSEN AND KAREN JENSEN VERDEAN JENSEN TRACT (2) To -wit: 00 409 That part of the N' /2SE' /4 of Section 11, T32N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 680 of Photostatic Records on page 487 and in Book 708 of Photostatic Records on page 534, described as follows: BEGINNING at the southwest corner of said N'ASE1/4; thence N00 20' -54 "E, 640.39 feet, along the west line of said N %2SE' /4, to a position; thence N89 43' -44 "E, 1273.14 feet, along a line parallel with the south line of said N %2SE'/4, to a point on the east line of said tract in Book 680; thence S00 16' -26 "W, 431.37 feet, along the east line of said tract, to a point; thence N89 54' -36 "E, 243.70 feet, to a point; thence S00 15' -06 "W, 188.21 feet, to a point; thence S89 43' -39 "W, 263.78 feet, to a point; thence S00 16' -26 "W, 20.02 feet, to a point on the south line of said N %2SE %4; thence S89 43' -44 "W, 1253.96 feet, along said south line to the CORNER OF BEGINNING ENCOMPASSING an area of 19.77 acres, more or less; SUBJECT to a twenty (20) foot access easement described as follows: BEGINNING at the northwest corner of the ACCESS TRACT as depicted on the below referenced plat; thence N00 16' -26 "E, 620.35 feet, along a line parallel with the east line of the NW'ASE1/4 to a point on the north line of the above described Verdean Jensen Tract (2); thence N89 43' -44 "E, 20.00 feet, along said north line to the northeast corner of said Verdean Jensen Tract (2); thence S00 16' -26 "W, 620.35 feet, along a line parallel with said east line to a position on the north line of said ACCESS TRACT; thence S89 43' -35 "W, 20.00 feet, along said north line to the CORNER OF BEGINNING the BASE BEARING for this survey is the north line of the NW'/4SE1/4 of Section 11, T32N R1 19W, being N89 43' -29 "E; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "position" is a calculated position with no monument found or set; 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. all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "A. VERDEAN AND VERNA R. JENSEN FAMILY TRUST, DATED 18 JULY 2002 AND COLIN C. JENSEN AND K1R JENSEN PLAT OF FAMILY EXEMPT TRACTS WITHIN THE N %2SE'/4 SECTI 11 '32N R119W LINCOLN COUNTY, WYOMING" dated 5 Septep er 2008, as revised ..f' i "Modification in any way of the fo A. 1169 e iptigfter inates liability of the surveyor" 1l l_7 r'C'