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HomeMy WebLinkAbout956628AGREEMENT TO ESTABLISH BOUNDARY LINE AND QUITCLAIM DEED This agreement is entered into on the 0 day of November, 2010 by Kaye W. Allred and Betty W. Allred, Trustees, of the Kaye and Betty Allred Family Trust, Dated 7 November 2006 (Allred) and Lyman A. Harmon and Anita P. Harmon, Trustees, of the Lyman and Anita Harmon Family Trust Dated 10 October 2000 (Harmon). RECITALS: A. Allred owns certain real property located in Lincoln County, Wyoming in Section 17 and Section 20, T31N R119W. B. Harmon owns certain real property located in Lincoln County, Wyoming in Section 17 and Section 20, T31N R1 19W. C. Allred and Harmon share a common boundary, which is a portion of the easterly boundary for Allred and the westerly boundary for Harmon. There is a common fence separating the properties. The parties and/or their predecessors have for a number of years treated the fence as their mutual boundary, without respect to where the actual surveyed boundary of the Property owned by the parties may be located. The purpose of this Agreement is to permanently fix the common boundary line between the Allred and Harmon properties. The parties execute this agreement to carry out that purpose and to avoid litigation to quiet title to any of the described property. ESTABLISHMENT OF PERMANENT FIXED BOUNDARY: In consideration of the mutual covenants and conditions set forth in this agreement and the sum of $10.00 (Ten Dollars) and other good and valuable consideration paid to Lyman A. Harmon and Anita P. Harmon, Trustees, of the Lyman and Anita Harmon Family Trust Dated 10 October 2000 by Kaye W. Allred and Betty W. Allred, Trustees, of the Kaye and Betty Allred Family Trust, Dated 7 November 2006, and intending to permanently fix the common boundary line between the Allred property and the Harmon property, the parties agree that the common boundary shall be the fence line more specifically referred to and described in the attachment annexed hereto entitled "DESCRIPTION FOR LYMAN AND ANITA HARMON FAMILY TRUST, DATED 10 OCTOBER 2000 FROM KAYE AND BETTY ALLRED FAMILY TRUST, DATED 7 NOVEMBER 2006 OF THE ALLRED/HARMON BOUNDARY LINE AGREEMENT dated 26 October 2010. The boundary established herein shall be a permanent, fixed boundary between the respective lands. The parties agree that this agreement shall be recorded in the office of the County Clerk of Lincoln County, Wyoming, and that the benefits and burdens of this Agreement shall inure to and be binding upon the parties, their respective heirs and successors, and their assigns or eventually fee simple title owner of any portion or portions of the Allred property or the Harmon property. (1) )O 6 RECEIVED 11/10/2010 at 9:54 AM RECEIVING 956628 BOOK: 757 PAGE: 26 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY QUITCLAIM: In consideration of the consideration described above, Kaye W. Allred and Betty W. Allred, Trustees, of the Kaye and Betty Allred Family Trust Dated 7 November 2006, do hereby CONVEY AND QUITCLAIM to Lyman A. Harmon and Anita P. Harmon, Trustees, of the Lyman and Anita Harmon Family Trust Dated 10 October 2000, any and all right, title and interest which they may have in and to any portion of the real property located easterly of the boundary line established by this Agreement. Hereby releasing and waiving all rights under the virtue of the homestead exemption laws of the State of Wyoming ADDITIONAL DOCUMENTS; In the event that any additional document(s) are necessary for permanently fixing the boundary described herein, each party agrees to execute such document(s). CONSTRUCTION AND BINDING EFFECT: This agreement shall be effective on the year and day set forth above, shall be construed according to the law of the State of Wyoming, and shall be binding upon the parties, their heirs, successors and assigns in ownership of the Allred Property and the Harmon Property. Witness our hand this K ye W. Allred, Trustee, of the Kaye and Betty Allred Family Trust Dated 7 November 2006 Betty W. 2006 day of November, 2010. lred, Trustee, of the Kaye and Betty Allred Family Trust Dated 7 November STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing Agreement to Establish Boundary Line and Quitclaim Deed was acknowledged before me by Kaye W. Allred and Betty W. Allr stees, of the Kaye and Betty Allred Family Trust, Dated 7 November 2006, this day of November, 2010. My Commission Expires: gnature of Notary Public (L) 006017 Professional Land Surveyors Pad 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 each "position" is a calculated position with no monument found or set; 26 October 201 "Modificatio CO 42E LYMAN AND ANITA HARMON FAMILY TRUST, DATED 10 OCTOBER 2000 FROM KAYE AND BETTY ALLRED FAMILY TRUST, DATED 7 NOVEMBER 2006 OF THE ALLRED /HARMON BOUNDARY LINE AGREEMENT To -wit: That part of GLO Lot 4 and GLO Lot 5 of Section 17, and GLO Lot 4 and the S %ZNW1/4 of Section 20, T31N R119W, Lincoln County, Wyoming, lying and being situate easterly of the following described line: BEGINNING at a point at an existing fence corner, N00 57' -08 "E, 614.99 feet, from the southwest corner of said S' /2NW'/4; thence along an existing fence line the following courses: N37 38' -27 "E, 1411.49 feet, to a point; N67 30' -23 "E, 412.87 feet, to a point; N08 38' -42 "E, 1539.63 feet, to a point; N56 15' -59 "W, 220.00 feet, to a southeast point of Lot 1 of Flat Hat Ranch, a subdivision of record in the Office of the Clerk of Lincoln County with Accession No. 940479; thence coursing the southeasterly boundary of said Lot 1 as follows: N00 49' -23 "E, 49.51 feet, to a point; N57 24' -50 "E, 145.70 feet, to a point; N59 52' -35 "E, 124.48 feet, to a point and leave said boundary; thence N86 05' -35 "E, 4.07 feet, to the POSITION OF TERMINUS, on the east line of said GLO Lot 4 in Section 17; the BASE BEARING for this survey is the west line of the SW'/ of Section 17, T31N R119W, being N00 50' -24 "E; each "comer" 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 or 11810 with appropriate details; it is the intent of this description that the called -for monuments and positions and not the existing fence lines, control the location of the property lines; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT FOR KAYE AND BETTY ALLRED FAMILY TRUST, DATED 7 NOVEMBER 2006 AND LYMAN AND ANITA HARMON FAMILY TRUST, DATED 10 OCTOBER 2000 AND BEDFORD PROPERTIES, LLC AND DEREK CRAIG WRIGHT, ET AL. AND TERRY GORDON ALLRED AND MARY FRANCIS ALLRED JOINT LIVING TRUST, DATED 2 NOVEMBER 1992 AND KIMBERLY VANSCOYK, ET AL. WITHIN W1 /2SW1 /4 SECTION 17 E1 /2E1/2 SECTION 19 NW1 /4 SECTION 20 T31N R119W LINCOLN COUNTY, WY* u 1 G dated 18 August 2010, as revised. oing description terminates liability of the surveyor"