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HomeMy WebLinkAbout956398EASEMENT e 0313 Marilyn K. Rainey, Trustee of the L. D. Kennington and Clydia Lamoine Kennington Revocable Trust dated August 3, 1988, of Afton, Lincoln County, Wyoming, grantor, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grants and conveys to Fred Rainey and Marilyn K. Rainey, husband and wife, of PO Box 340, Afton, WY 83110, grantees, the following described non exclusive, perpetual right -of -way easement for the following purpose: 1. Purpose of Easement. This easement is for the purpose of providing a perpetual non exclusive 60 -foot wide right -of -way easement for ingress and egress from grantees' lands described below to lands owned by the United States Forest Service, including the right to construct and maintain a roadway and the right to inspect the easement. However, this Easement is not for the purpose of providing or creating a public right of way or access to any public lands. 2. Conditions of this Easement. The conditions of this easement are: a. It is a nonexclusive easement. b. Grantees assume the risk and any liability from their use of the easement. c. Grantees will not fence the easement without grantor's prior written consent. 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: Township 31 North, Range 119 West, 6th P.M., Lincoln County, Wyoming: Section 27: N1/2SW1/4NW1/4, N1/2S1/2SW1/4NW1/4. Section 28: N1 /2SE1 /4NE1 /4, N1/2S1/2SE1/4NE1/4 RECEIVED 10/28/2010 at 10:50 AM RECEIVING 956398 BOOK: 756 PAGE: 319 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000320 4. Description of Easement. The easement is described as follows: Description: Kennington Rainey Road A portion of the Kennington property, as referred in the Statement of Trust and Identity of Successor Trustee, recorded with Document No. 894574, in Book 539PR, on Page 40, and the Rainey property, as referred to in the Deed recorded with Document No. 899910 in Book 557PR, on Page 748, with the Office of the Clerk of Lincoln County, Wyoming, within the S1/2S1/2 of the SW1 /4NW1/4 and the W1 /2SW1 /4 of Section 27, the E1/2SE1/4 of Section 28, and the NW1 /4NW1/4, the SW1 /4NW1 /4, and the N1/2SW1/4 of Section 34, all in T31N R119W,6PM in Lincoln County, Wyoming, being 30 feet each side of the Center Line, being more particularly described as follows: BEGINNING at Station 0 +00, being a point in the North line of said S1/2S1/2SW1/4NW1/4; said Point of Beginning being N89 22'31 "W, along said North line, 497.29 feet from the Lloyd B. Baker, PE /LS No. 698, 2010 location, for the Northeast Corner of said S1 /2S1 /2SW1 /4NW1 /4, also said Point of Beginning being 823.76 feet S89 22'31 "E, along said North line, from the Lloyd B Baker 2010 location for the Northwest Corner of said S1 /2S1/2SW1/4NW1/4; thence S29 56'19 "W 640.42 feet to Station 6 +40.42; thence S26 13'24 "W 103.54 feet to PC Station 7 +43.97, the beginning of a 207.20 foot radius curve to the left; thence Southwesterly, along said curve, through a central angle of 38 21'34" an arc length of 138.72 feet, said curve having a chord of S7 02'37 "W 136.15 feet, to PCC Station 8 +82.69, the beginning of a 435 foot radius curve to the Left, from which the radius point bears N87 59'50 "E; thence Southeasterly, along said curve through a central angle of 15 28'56" an arc length of 117.54, said curve having a chord of S19 52'39 "E 117.19 feet to PT Station 10 +00.23; thence S27 37'07 "E 58.04 feet to PC Station 10 +58.28, being the beginning of a 169.26 foot radius curve to the right; thence Southeasterly, along said curve through a central angle of 43 27'05" an arc length of 128.37 feet, said curve having a chord of S5 53'34" 125.31 feet to PRC Station 11 +86.64, being the beginning of a 267 foot radius curve to the Left, from Which the radius point bears S74 10'01 "E; thence Southeasterly, along said curve through a central angle of 42 00'42" an arc length of 195.78 feet said curve having chord of S5 10'23 "E 191.42 feet, to PRC Station 13 +82.42, being the beginning of a 108.47 foot radius curve, from which the radius point bears S63 49'17 "W; thence Southwesterly, along said curve, through a central angle of 53 33'36" an arc length of 101.40 feet, said curve having a chord of S0 36'05 "W 97.74 feet to PT Station 14 +83.81; thence S27 22'53 "W 96.69 feet to PC Station 15 +80.50 being the beginning of a 650 foot radius curve to the Left; thence Southwesterly, along said curve, through a central 2 C.00321 angle of 12 40'43" an arc length of 143.84 feet, said curve having a chord of S21 02'31 "W 143.54 feet to PT Station 17 +24.34; thence S14 42'10 "W 30.99 feet to PT Station 17 +55.33 being the beginning of a 42.50 foot radius curve to the right; thence Northwesterly, along said curve, through a central angle of 177 25'37" an arc length of 131.61 feet, said curve having a chord of N76 35'02 "W 84.98 feet to PT Station 18 +86.94; thence N12 07'46 "E 70.40 feet to PC Station 19 +57.34 being the beginning of a 260.00 foot radius curve to the left; thence Northwesterly, along said curve, through a central angle of 36 54'42" an arc length of 167.50 feet, said curve having a chord of N6 19'34 "W 164.62 feet to PT Station 21 +24.84; thence N24 46'55 "W 11.79 feet to PC Station 21 +36.64 being the beginning of a 116 foot radius curve to the left; thence Northwesterly, along said curve, through a central angle of 60 08'34" an arc length of 121.76 feet, said curve having a chord of N54 51'12 "W 116.25 feet to PT Station 22 +58.40; thence N84 55'29 "W 61.01 feet to PC Station 23 +19.41 being the beginning of a 137 foot radius curve to the right; thence Northwesterly, along said curve, through a central angle of 48 02'18" an arc length of 114.86 feet, said curve having a chord of N60 54'20 "W 111.53 feet to PT Station 24 +34.27; thence N36 53'10 "W 37.72 feet to PC Station 24 +71.99 being the beginning of a 180.00 foot radius curve to the left; thence Southwesterly, along said curve, through a central angle of 141 14' 2 4" an arc length of 443.72 feet, said curve having a chord of S72 29'37 "W 339.60 feet to PT Station 29 +15.71; thence S1 52'25 "W 371.92 feet to Station 32 +87.63; thence S8 59'47 "W 167.16 feet to PC Station 34 +54.79 being the beginning of a 434 foot radius curve to the left; thence Southeasterly, along said curve, through a central angle of 24 22'47" an arc length of 184.67 feet, said curve having a chord of S3 11'36 "E 183.28 feet to PT Station 36 +39.46; thence S15 23'00 "E 124.88 feet to PC Station 37 +64.34 being the beginning of a 526 foot radius curve to the right; thence Southeasterly, along said curve, through a central angle of 17 13'21" an arc length of 158.11 feet, said curve having a chord of S6 46' 19 "E 157.52 feet to PT Station 39 +22.45; thence S1 50'22 "W 576.63 feet to PC Station 44 +98.84 being the beginning of a 70 foot radius curve to the left; thence Southeasterly, along said curve, through a central angle of 91 02'25" an arc length of 111.23 feet, said curve having a chord of S43 40'51 "E for 99.89 feet to PT Station 46 +10.31; thence S89 12'04 "E 150.03 feet to PC Station 47 +60.09 being the beginning of a 30 foot radius curve to the right; thence Southeasterly, along said curve, through a central angle of 89 51'23" an arc length of 47.05 feet, said curve having a chord of S44 16'22 "E 42.37 feet to PT Station 48 +07.14; thence S0 39'19 "W 603.28 feet to Station 54 +10.67 being the Intersection of a 60 foot easement to the East; thence 3 S0 39'19 "W 720.29 feet to Station 61 +30.96, being a point in the North line of the SW1 /4NW1 /4 of Said Section 34, said point being 30.00 feet S89 30'52 "E, along said North line from the Lloyd B. Baker Associates PE /LS 698, 2010 location for the Northwest Corner of the SW1 /4NW1/4 of said Section 34; said point also being1,297.32 feet N89 30'52 "W, along said North line, from the Lloyd B. Baker Associates PE /LS 698, 2010 location for the Northeast Corner of said SW1 /4NW1 /4; thence S0 39'19 "W 320.11 feet to PC Station 64 +51.08 being the beginning of a 293 foot radius curve to the left; thence Southeasterly, along said curve, through a central angle of 49 45'52" an arc length of 254.49 feet, said curve having a chord of S24 13'37 "E 246.56 feet to PT Station 67 +05.56; thence S49 06'33 "E 271.85 feet to PC Station 69 +77.17 being the beginning of a 253.00 foot radius curve to the right; thence Southeasterly, along said curve, through a central angle of 45 07'54" an arc length of 199.29 feet, said curve having a chord of S26 32'36 "E 194.18 feet to PT Station 71 +76.70; thence S3 58'39 "E 823.58 feet to PC Station 80 +00.28, being the beginning of a 747 foot radius curve to the left; thence Southeasterly, along said curve, through a central angle of 33 55'45" an arc length of 442.35 feet, said curve having a chord of S20 56'31 "E 435.92 feet to PT Station 84 +42.63; thence S37 54'23 "E 552.49 feet to PC Station 89 +95.12, being the beginning of a 30 foot radius curve to the right; thence Southwesterly, along said curve, through a central angle of 128 33'31" an arc length of 67.31 feet to PT Station 90 +62.19, said curve having a chord of S26 22'23 "W 54.06 feet; thence N89 20'52 "W 975.28 feet to Station 100 +37.71, being a point in the East line of the SE1 /4 of Section 33 of said T31N, R119W, also BEGINNING at Station 54 +10.67; thence S89 20'41 "E 658.65 feet to End Station 60 +69.32. eOu322 5. 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. 6. Waiver of Homestead Rights. The grantor hereby waives and releases all rights to the described easement under and by virtue of the homestead exemption laws of the State of Wyoming to the extent that such rights may interfere with the purposes of this easement. IN WITNESS WHEREOF, Grantor has executed this easement as of the 15th day of October, 2010. 4 STATE OF WYOMING COUNTY OF LINCOLN County of Lincoln State of Wyoming My Commission Expires May 2, 2011 ss. GERALD L. GOULDING NOTARY PUBLIC My commission expires: May 2, 2011. L. D. Kennington and Clydia Lamoine Kennington Revocable Trust dated August 3, 1988 5 C0u323 By Marily Rainey, Trustee On this 26th day of October, 2010, before me personally appeared Marilyn K. Rainey, to me personally known, who, being by me duly sworn and put upon her oath, did say that she is the trustee of the L. D. Kennington and Clydia Lamoine Kennington Revocable Trust dated August 3, 1988, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustee had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustee acknowledged said instrument to be the free act and deed of said trust. Given under my hand and notarial seal the day and year first above written in this certificate. NOTARY PUBLI