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HomeMy WebLinkAbout955244JEAN MARIE ANNALA, SUCCESSOR TRUSTEE OF THE CARL A. ANNALA LIVING TRUST, DATED SEPTEMBER 4,1996 and JEAN MARIE ANNALA, TRUSTEE OF THE JEAN MARIE ANNALA LIVING TRUST, DATED SEPTMEBER 4,1996, P.O. Box 44, Diamondville, WY 83116, grantor, for and in consideration of ten ($10) dollars and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, grants and conveys to RUDY KOCI, JR., AND JANICE KOCI, husband and wife, and to the survivor as tenants by the entirety, and their heirs and assigns, of P.O. Box 423, Diamondville, WY 83116, grantee, the following described, non exclusive, perpetual right -of -way easement for the following purposes and under the following conditions: 1. Purpose of Easement This easement is for the purpose of providing a non exclusive perpetual right -of -way easement thirty (30) feet in width as described in Paragraph 3, for only an access road easement that allows egress and ingress across land owned by grantor so grantee and their heirs and assigns have access to the property described in Paragraph 3 below. 2. Conditions of Easement. The conditions of this easement are: 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantee: NON EXCLUSIVE PRIVATE ROAD EASEMENT Commencing at the S1 /4 Corner of Section 4, T2ON, R116W, 6 th P.M., thence N. 00°17'23"W., a distance of 1282.84 feet to the point of beginning, thence N. 02 °51'37 "E., a distance of 1059.77 feet, thence S.85 °44'19 "E., a distance of 324.80 feet, more or less, to the Westerly line of the Oregon Short Line Railroad right -of -way, thence S. 25 °59'51 "E., along said right -of -way line a distance of 1106.58 feet, thence S87° 19'42 "W, a distance of 861.47 feet to the point of beginning, and containing 14.00 acres, more or less. This property is that same property identified in the Warranty Deed from Carl A. Annala and Jean Maire Annala to Rudy Koci, Jr. And Janice Koci dated July 12, 1973 and recorded in the Office of the Lincoln County Clerk as instrument number 448940 in Book 105PR at page 569 on July 20, 1973. 000863 a. The access provided by this easement is a non exclusive private right -of -way for the use of grantee and his agents only and is not for the use of the general public. Grantee shall not have the right to enter into any agreement with third parties relative to the use of said road without the prior written consent of Grantor which may be withheld with or without cause. b. Grantor reserves the right to use the road and easement without charge. c. This easement is anon- exclusive easement. Grantor specifically reserves and retains for itself and its heirs, successors and assigns the right to enter into agreements to allow others to use the Road without compensation to Grantee. A parcel of land situate within the SE1 /4 of Section 4, Township 20 North, Range 116 West of the Sixth Principal Meridian, in Lincoln County, Wyoming, and more particularly described as follows: 4. Description of Easement. An access road easement for egress and ingress across a portion of the N1 /2SE1 /4 of Sec. 4 of the resurvey of T.20N., R.116W., 6t P.M., Lincoln County, Wyoming Said easement being along an existing graded road known as Willowood Road. Said easement being 30.00 feet in width, 15.00 feet each side the following described centerline. The offset and parallel boundary lines extending to and truncating at the south right of way boundary of U.S. Highway 30 and the north boundary line of that particular parcel of land conveyed from Carl A. Annala and Jean Marie Annala by warranty deed to the Oregon Short Line Railroad as described and recorded in book 136 on page 616 on file in the Lincoln County Clerk's Office (said parcel herein after referred to Oregon Short Line Railroad parcel). Commencing at comer number 2 of tract 37 of the resurvey of T.21N., R.116W., 6 P.M., Lincoln County, Wyoming where is found a standard U.S.G.L.O. brass cap; thence N89 °49'53 "E, 636.63 feet to the NE comer of Sec. 4 of the resurvey of T.20.N., R.116W., 6 t P.M., Lincoln County, Wyoming where is found a standard U.S.G.L.O brass cap; thence S38 °09'42 "W, 1520.5 feet more or less to the Point of Beginning. Said point of beginning being a point on a curve on the south right of way boundary of U.S. Highway 30. Thence S24° 17'44 "W, 74.28 feet; Thence S28 °26'31 "W, 180.19 feet; Thence S21 °48'58 "W, 766.21 feet; Thence S18 °21'02 "W, 78.4 feet more or less to the point of terminus. Said point being a point on a curve on the north boundary line of the Oregon Short Line Railroad parcel. Said point being S31 °44'13 "W, 2595.5 feet more or less from the NE corner of said Section 4. Said easement being 1099.1 feet in length more or less. 5. Consideration. The consideration set forth above and a road maintenance agreement constitutes full and final payment for the easement and right of way granted. WITNESS my hand this ,29 day of August, 2010. 6. Binding Effect. 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. STATE OF WYOMING COUNTY OF LINCOLN CARL A. ANNALA LIVING TRUST, DATED SEPTEMBER 4,1996 By: JE ARIE ANNALA, Successor Trustee of the Carl A. Annala Living Trust, Dated September 4, 1996 '(.9864 JEAN MARIE ANNALA LIVING TRUST, DATED SEPTMEBER 4,1996 By: JE ARIE ANNALA, Trustee of the Jean Marie Annala Living Trust, Dated September 4, 1996 ss The foregoing easement was acknowledged before me by JEAN MARIE ANNALA, Successor Trustee of the Carl A Annala Living Trust, Dated. September 4, 1996 and JEAN MARIE ANNALA, Trustee of the Jean Marie Amnia Living Trust, Dated September 4, 1996, this 2 q a day of August, 2010. ess in hand and official seal. JOSEPH B. BLUEMEL NOTARY PUBLIC COUNTY OF STATE OF LINCOLN r s WYOMING MY COMMISSION EXPIRES 3 Lon My commission expires: f'`r4,4. -7 17 2 Oil -2-