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HomeMy WebLinkAbout954379Grantors, for and in consideration of TEN ($10.00) DOLLARS and other Good and Valuable Considerations in hand paid, receipt whereof is hereby acknowledged, CONVEY AND WARRANT TO: Grantee, whose mailing address is PO Box 340, Wilson, WY 83014, 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: See attached EXHIBIT A "DESCRIPTION FOR KENNETH W. COOK OF SANDER TRACT" and attached EXHIBIT B "DESCRIPTION FOR KENNETH W. COOK OF ACCESS EASEMENT TO SANDER TRACT" prepared by Scott A. Scherbel, Professional Land Surveyor Subject to any easements, reservations, restrictions and right -of -ways of record, of sight or in use. WITNESS OUR hand this y da of 2010. RECEIVED 7/14/2010 at 4:44 PM RECEIVING 954379 BOOK: 750 PAGE: 424 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY The foregoing instrument was acknowledged before me, a notary public in and for said County and State, by Oris K. Cook and Kenneth W. Cook, the Managers/Members of Oris Cook Ranch, LLC, a Wyoming Limited Liability Company, and Kenneth W. Cook and Nanette Cook, husband and wife, this pr—day of 2010. Witness my hand and official seal. Warranty Deed Oris Cook Ranch, LLC A Wyoming Limited Liability Company And Kenneth W. Cook and Nanette Cook Husband and Wife as Tenants by the Entireties ss. Gary L. Sander Sole Owner NaDene Dana County of y Cb15Ii�sion My Commission NOTARY PUBLIC State of c�yx oming Expires May 20, Oris Cook Ranch, LLC A Wyoming Limited Liability Company Oris K. ook, Mana C r gp r/Member w By: Kenneth W. Cook, Manager /1'tember 1 �W Kenneth W. Cook C Oi." 4 4 Nanette Cook Notary Public 1 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. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR KENNETH W. COOK OF SANDER TRACT To wit: EXHIBIT A That part of Tracts No. 48 and 61 of T25N, RI19W, Lincoln County, Wyoming, described as follows: BEGINNING at the intersection of the southwesterly line of that tract of record in the Office of the Clerk of Lincoln County in Book 25 of Deeds on page 460 as conveyed to the Union Pacific Railroad Company and the centerline of the Bear River, S44 °26'36 "E, 633.68 feet, more or less, of Corner No. 6 of said Tract 61; thence continuing S44 °26'36 "E, 486.33 feet, more or less, along said southwesterly line, to the southeast point of said tract on the westerly right -of -way line of the Oregon Short Line Railroad; thence S08 °54' 12 "E, 1957.54 feet, along said right -of -way line, to a point at a fence corner; thence N89 °45' 15 "W, 1981.96 feet, more or less, to the centerline of the Bear River; thence northeasterly, 3770! feet, more or less, along said centerline to the INTERESECTION OF BEGINNING; ENCOMPASSING an area of 47.43 Acres, more or less; that the acreage shown hereon is based upon an approximation of the current centerline of said Bear River; that there is no warranty expressed or implied as to the actual acreage of this tract due to the dynamic nature of the river boundary; each "corner" marked as described in a Corner Record on file or to be filed in said Office for corner found or set this survey; each "point" marked by a 24" steel reinforcing rod with an aluminum cap inscribed: "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS3889" and other appropriate details, set this survey; each "intersection" being a calculated position with no monument found or set; all in accordance with that map prepared to be filed in said Office and titled: "MAP OF SURVEY FOR KENNETH W. COOK OF TRACTS AND EASEMENTS WITHIN TRACTS 45, 48, 61 AND 62 WITHIN SECTIONS 27, 28, 33 AND 34 T25N R119W LINCOLN COUNTY, WYOMING" dated 7 May 2010, as revised. Sander des 5.24.10.doc "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. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR KENNETH W. COOK OF ACCESS EASEMENT TO SANDER TRACT To wit: EXHIBIT B 42 Main Access A strip of land, thirty (30) feet in width, within Tract 45 of T25N, R119W, Lincoln County, Wyoming, with the northeasterly and northerly line of said strip described as follows: BEGINNING on the southwesterly right -of -way line of Highway 30, southeasterly, twenty (20) feet, of the centerline of the highway access approach near Station 118 +15 of said Highway, approximately S40 °W, 175 feet, of Corner No. 4 of Tract 61 of said T25N; thence northwesterly, 161.29 feet, along said right -of -way line to the north line of said Tract 45; thence westerly, 2480.68 feet, along said north line and the north line of Tract 48 of said T25N, R119W, to the easterly right -of -way line of the Oregon Short Line Railroad; And, Primary Railroad Crossing Access A strip of land, thirty (30) feet in width, within Tract 61 of T25N, R119W, Lincoln County, Wyoming, with the westerly line of said strip described as follows: BEGINNING at the intersection of said easterly right -of -way line and the north line of said Tract 48; thence N08 °54'09 "W, 126.44 feet, along said right -of -way line to a position northerly, 20 feet, of the center line of that existing Farm Crossing of said Railroad shown on the Railroad Plans at Station 4538 +48; Or, Secondary Railroad Crossing Access A strip of land, thirty (30) feet in width, within Tracts 45 and 48 of T25N, R119W, Lincoln County, Wyoming, with the westerly line of said strip described as follows: BEGINNING at the above described intersection of the north line of said Tract 48 and the easterly right -of -way line of said Railroad; thence S08 °54'09 "E, 2688.78 feet, along said easterly right -of -way line of said railroad to a position southerly, 20 feet, of the centerline of that existing Farm Crossing of said Railroad shown on said Railroad Plans at Station 4510 +68, said crossing being easterly, 405 feet, more or less, of Corner No. 4 of said Tract 48; And, a strip of land, thirty (30) feet in width, within Tract 45 and Tract 48 of T25N, R119W, Lincoln County, Wyoming, with the easterly line of said strip described as follows: BEGINNING on the westerly right -of -way line of said railroad, southerly, 20 feet, of the centerline of said Farm Crossing at station 4510 +68 described above, N88 °42'20 "E, 206.17 feet, of Corner No.4 of said Tract 48; thence N08 °54'09 "W, 2718.36 feet, along said northwesterly right -of -way line to the south line of the tract described on attached Exhibit A; that the opposites line of the above described strips are to be lengthened or shortened as necessary to create a continuous strip of land, thirty (30) feet in width, from said southwesterly highway right -of -way line to said Farm Crossings and to the south line of the tract described on attached Exhibit A; "Modification in any way of the f g description terminates liability of th -.ror" 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. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR KENNETH W. COOK OF ACCESS EASEMENT TO SANDER TRACT PAGE TWO OF TWO 1..T427 TOGETHER with a shared interest in the rights that the Grantor now enjoys in the use of the described Farm Crossings of said Railroad; SUBJECT to the following restrictions: 1. That the Grantee will use the above described "Main Access" to reach the Oregon Short line Railroad right -of -way; 2. That the Grantee will, as far as practical, make use of the above described "Primary Railroad Crossing Access" rather than the "Secondary Railroad Crossing Access" to cross said Railroad right -of -way and will make a good faith effort to obtain the necessary permission and /or easement from said Railroad to physically and legally upgrade that crossing as needed for his permanent use; should said efforts to upgrade be successful, the right of use of the secondary access is automatically terminated and will no longer be used; 3. That the grading and development of a roadbed within the easement will occur as far as practicable away from the adjoining fields of the Grantor; 4. That the above described right -of -way lines shall not be fenced other than as already fenced or as the Grantor may, in the future, decide to fence; file: Tract 61 access des 5.24.10.doc "Modification in any way of the foregoing description terminates liability of the surveyor"