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HomeMy WebLinkAbout956545Ic\sal wy cokevillc, wy\2G 14 -84 deeddocx RECEIVED 11/5/2010 at 12:18 PM RECEIVING 956545 BOOK: 756 PAGE: 713 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY QUITCLAIM DEED 000713 2614 -84 UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, Grantor, (successor in interest by merger to Union Pacific Railroad Company, a Utah corporation, successor to Oregon Short Line Railroad), in consideration of the sum of Ten Dollars ($10.00), and other valuable consideration to it duly paid, the receipt whereof is hereby acknowledged, does hereby REMISE, RELEASE and forever QUITCLAIM unto JASON JOHN THORNOCK, Grantee, whose address is P.O. Box 161, Cokeville, Wyoming 83114 and unto his heirs and assigns forever, all of Grantor's right, title, interest, estate, claim and demand, both at law and in equity, of, in, and to the real estate (hereinafter the "Property situated in Lincoln County, State of Wyoming, as more particularly described in Exhibit A, hereto attached and hereby made a part hereof. i EXCEPTING from this quitclaim and RESERVING unto Grantor, its successors and assigns, forever, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the Property, including without limiting the generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to the Grantor, its successors and assigns, but without entering upon or using the surface of the Property, and in such manner as not to damage the surface of the Property, or to interfere with the use thereof by the Grantee, his heirs and assigns. The Property is quitclaimed by Grantor subject to the following covenants, conditions and restrictions, which Grantee by the acceptance of this Deed covenants for himself, his heirs and assigns, faithfully to keep, observe and perform: 1. Fence Covenant. Grantee, at his sole cost and expense, shall install, within ninety (90) days after the date of delivery of this Deed, and thereafter maintain fencing or other barriers to prevent access to or encroachment on the railroad right -of -way of Grantor adjacent to the trackside boundary of the Property. The fencing or barrier must be of a design and type satisfactory to Grantor, and in compliance with 1 applicable building codes. Grantee shall submit the plans for the fencing or barrier construction to: with copy of transmittal to: Vice President Engineering Management Union Pacific Railroad Company 1400 Douglas Street, Mail Stop 0910 Omaha, Nebraska 68179 Assistant Vice President Real Estate Union Pacific Railroad Company 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179 for review and approval. Grantor shall complete such review and make appropriate response to Grantee within twenty (20) days after receipt of such plans by Grantor. Grantor shall not unreasonably withhold its approval of such plans. Such approval does not constitute a guarantee or warranty that such plans comply with applicable governmental laws, rules, regulations or ordinances, or that the fence as constructed will be structurally sound. 2. Landlocked Parcel. Grantee acknowledges that the Property is landlocked and has no access to a public roadway. Grantee further acknowledges that Grantor does not convey any express or implied easement to Grantee for access across any lands or rights of way of Grantor "Grantor's Property Any access to the Property must be secured by Grantee across lands or rights of way owned by persons or entities other than Grantor. Accordingly, Grantor hereby declares that the Property is subject to the following covenant and restriction: Grantee, his heirs or assigns, shall not seek or claim any access to the Property across Grantor's Property from Grantor, its successors and assigns, or from any state or federal entity or body or court that may have jurisdiction. This restriction and covenant will run with the land and bind Grantee, his heirs and assigns, and benefit Grantor, its successors and assigns. Grantor is entitled to initiate proceedings at law or in equity against any person(s) who breaches this restriction and covenant, and to collect from the breaching party damages, attorney fees and costs. l \so lesvy\c okev ille, wy12614 -S4 deed.docs 3. Railroad Proximity Covenant. 000714 (a) Grantee acknowledges that the property abutting the easterly boundary line of the Property is dedicated and used for railroad purposes, that railroad operations may create noise, vibrations, emissions, fumes and odors twenty -four (24) hours a day, and that the amount, nature and intensity of railroad operations may increase or change (collectively, the "Permitted Effects Grantee accepts the Property 2 000 715 subject to the existence of the Permitted Effects. By acceptance of the Property, Grantee agrees that, at Grantee's sole cost and expense, as part of the development of the Property, Grantee shall design and install and /or construct and thereafter maintain improvements to reduce or limit the Permitted Effects and to comply with all governmental requirements, if any, which may be imposed as a condition to the development and use of the Property because of the Permitted Effects. (b) Grantee shall not, and hereby waives all rights to, (i) institute legal proceedings against Grantor to reduce or lessen the Permitted Effects, and (ii) directly or indirectly participate in petition drives, lobbying efforts or other activities seeking the enactment of federal, state or local laws or ordinances to reduce or lessen the Permitted Effects. Any party breaching such covenant shall reimburse Grantor for all costs incurred by Grantor to comply with any such orders, laws or ordinances, including, without limitation, attorney fees and court costs. (c) If Grantee sells or leases all or any portion of the Property, Grantee shall require all purchasers and tenants to acknowledge the location of the railroad operations abutting the Property and the existence of the Permitted Effects, and to agree in writing, for the benefit of Grantor, to comply with the above covenants. The above covenants are covenants that run with the Property, the burdens of which will be binding on the heirs and assigns of Grantee, and the benefits of which will inure to the successors and assigns of Grantor. It is expressly understood that the subjacent support of the Property may have been impaired by mining operations heretofore carried on beneath the surface thereof, and the quitclaiming of the Property is upon the condition that Grantor, its successors and assigns, shall not be liable for damages resulting therefrom. IN WITNESS WHEREOF, the Grantor has caused this deed to be duly executed as of the gr'f day of (2e— 2010. Attest: UNION PACIFIC RAILROAD COMPANY '3(Seal) hlsal wy\c okeville, wy\2614 -84 deed.docs Assistant Secretary By 0ti` s Title: Tony K. L e, Assistant Vice President Real Estate 3 STATE OF NEBRASKA ss. COUNTY OF DOUGLAS (Seal) 1\:\sale wy \cokeville, wy\2614 -84 deed.docc GENERAL NOTARY State of Nebraska JILL C. BAZZELL My Comm. Exp. Feb. 14, 2011 ACKNOWLEDGMENT 000716 On Oob �c' 2010, before me, c CR i e Z--u Notary Public in and for said County and State, personally appeared Tony K. Love and 13. T. Kuioxi- who are the Assistant Vice President Real Estate and the Assistant Secretary, respectively, of Union Pacific Railroad Company, a Delaware corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. 4 otary PLib, c1 00717 Grantee hereby accepts this Deed and agrees for himself, his heirs and assigns, to be bound by the covenants set forth herein. STATE OF WYOMING ss. COUNTY OF r On Out c 9°I 2010, before me, ic2d=1 c x .rrwo. 1 a Notary Public in and for said County and State, person# ly appeared Jason John Thornock, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. (Seal) h1sale wykokeville, Ivy 12614 -84 deed.docx Dated this -2 day of e3c7" 2010. WITNESS my hand and official seal. 5 Jason John Thorno& JOSELYN M. HARMON Notary Public Lincoln County Wyoming My Commission Expires Beginning at the northwest corner of Tract No. Sixty -one (61); thence easterly along the north line of said tract a distance of six hundred forty-five (6 4 5 feet to a point in the westerly right of way line of the Oregon Short Line Railroad Company that is one hundred (100) feet distant westerly, measured at right angles, from the canter line of the main track of said Railroad Company, as now constructed and operated; thence southeasterly along the westerly right of way line of said Railroad Company which is parallel with and one hundred (100) feet distant westerly, measured at right angles, from said center line of main track, a distance of eight hundred (800) feet; thence northwesterly along a straight line a distance of one thousand one hundred and twelve (1112) feet to the point of beginning The above described parcel of land being all of that certain parcel of land which was heretofore conveyed by William Garrett and Ann Garrett, his wife, to the Oregon Short Line Railroad Company, by warranty deed dated June 27, 1900, and recorded in Book "K Page 65, Deed Records of Uinta County, Wyoming Union Pacific Railroad Co. Real Estate Department Omaha, NE. OO &718 LD 0261484 October 18, 2010 Union Pacific Railroad Company Lincoln County, Wyoming Exhibit "A" A triangular Parcel of land situate in and being all that part of Tract No. Sixty -one (61) in Section Twenty -eight (28), Township Twenty -five (25) North, Range One hundred nineteen (119) West of the 6th Principal Meridian, in Lincoln County, Wyoming, described as follows: