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RECEIVED 12/20/2010 at 4:12 PM
RECEIVING 957227
BOOK: 759 PAGE: 28
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
EASEMENT
OuO2S
Alan L. Motzkus and Sharan Motzkus, husband and wife, of Bedford, Lincoln County,
Wyoming, grantors, for and in consideration of Ten Dollars ($10.00) and other valuable
consideration, in hand paid, receipt of which is acknowledged, grant and convey to
Eva LaRue M. Bateman, Trustee of the Harold F. Bateman and Eva LaRue M. Bateman Joint
Living Trust dated October 3, 1989, of PO Box 4123, Bedford, WY 83112, grantee,
the following described non exclusive, perpetual right -of -way easement for the following purposes:
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 and all underground
utilities from Public Road 126 to the property described in Paragraph 3 including the right to
construct and maintain a roadway and all underground utilities, and including the right to inspect
the easement.
2. Conditions of this Easement. The conditions of this easement are:
a. Grantee shall not fence the easement without Grantors' prior, written
consent.
b. Grantee shall be responsible for and pay all costs of constructing and
maintaining any roadway or utilities on or in the easement.
c. Any and all utilities installed in the easement by Grantees shall be
underground.
d. Grantee shall hold Grantors harmless from any liability, injury,
damage or claim by any person whomsoever using or traveling upon
the easement, whether or not such use is with or without the
permission, consent or knowledge of the Grantee; excepting,
however, any such claim arising from the use of the easement by the
Grantors or by persons using the easement with the permission of the
Grantors.
3. Property Benefited by Easement. This easement is for the benefit of the following
described real property of the grantees in Lincoln County, Wyoming:
1
000029
All of HES 170 of Section 34, T34N, R118W, Lincoln County, Wyoming, excepting,
however therefrom, the following described parcels of land:
Lana Bateman Parcel
Beginning N00 °12'W, 1320 feet from the N1/4 Corner of Section 34, T34N, R118W,
Lincoln County, Wyoming, and running thence N00 °12'W, 266.64 feet; thence
N89 °54'E, 1001.88 feet; thence S00 °04'E, 266.64 feet; thence S89 °54'W, 1001.88
feet to the point of beginning, containing 6.1 acres.
Wilding Parcel
That part of HES 170 of Section 34, T34N, R118W, Lincoln County, Wyoming, being
part of that tract of record in the Office of the Clerk of Lincoln County in Book 406
PR on page 420, as more particularly described on the attached "Description for
Walter Reid Wilding and Mary Lou Wilding Wilding Tract" which is incorporated
herein by this reference.
Sessions Parcel
Section 34, T34N, R118W, Lincoln County, Wyoming: Part of the NW1 /4SE1/4
described as follows: Beginning S00 °23'E, 2640 feet from the N1/4 Corner of
Section 34, T34N, R118W and running thence S89 °22'E, 582.78 feet; thence
S00 °09'E, 1037.96 feet; thence N89 °22'W, 582.78 feet, thence N00 °23'W, 1037.96
feet to the point of beginning and containing 13.54 acres, more or less.
4. Description of Easement. The easement is described as follows:
Beginning at the NE Corner of the NW1 /4 of Section 34, T34N, R118W, 6th P.M.,
Lincoln County, Wyoming, and running thence West along the North boundary of
said NW1 /4, 400 feet; thence South parallel to the East boundary of said NW1 /4 to a
point 60 feet South of said North boundary line of said NW1 /4; thence East parallel
to the North boundary line of said NW1 /4, 400 feet, more or Tess, to a point on the
East boundary of said NW1 /4 which is 60 feet South of said NE Corner, thence
North along said East boundary 60 feet to the point of beginning.
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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 grantors hereby waive and release 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.
2010.
IN WITNESS WHEREOF, we have hereunto set our hands as of the 17th day of December,
STATE OF WYOMING
COUNTY OF LINCOLN
ss.
The foregoing Easement was acknowledged before me by Alan L. Motzkus and Sharan
Motzkus, husband and wife, this /7 day of December, 2010.
Witness my hand and official seal.
GERALD L. GOULDING NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission S pires May 2, 2011
My commission expires: May 2, 2011.
3
Alan L. Motzku
N i(d6a-
Sharan Motzkus
.i LLB 4,7(
NOTARY PUBLIC
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DESCRIPTION FOR
WALTER REID WILDING AND MARY LOU WILDING
WILDING TRACT
To -wit:
Thatpart ofllES 170, T34N R118W, Lincoln County, Wyoming, being part of that tract of
record in the Office of the Clerk ofLincoln County in Book 406 of Photostatic Records on
page 420, described as follows:
BEGINNING at a point on the west line of said HES 170, S00° 27' -00 "E, 266.58 feet,
from Comer No 2 thereof
thence N89 39' -47'T 1000.71 feet, along the north line of said tract in Book 406, to a
point at the northeast corner thereof; on the east line of said HES 170;
thence 80V-12' E, 327.91 feet, along said east line, to a point;
thence S89 22' -31 "A 99932 feet, to a point on said west line;
thence N00 27' -00 "W, 332.93 feet; along said west line, to the POINT OF
BEGINNING;
ENCOMPASSING an area of 759 acres, more or less;
the BASE BEARING for this survey is the west line of HES 170, T34N R118W, being
N00
TOGETHER with that right of ingress and egress and utilities of record in said Office in
Book 400 ofPhotostatic Records on page 420;
each `point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PIS 11810", with appropriate
details;
each "comer" found as described in the Corner Record filed or to be filed in the Office of
the Clerk of Lincoln County;
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln
County titled, `PLAT OF FAMILY EXEMPT TRACT AND EASEMENTS FOR
WALTER REID WILDING AND MARY LOU WILDING AND HAROLD F.
BATEMAN AND EVA LARUE BATEMAN WITHIN HES 170 T34N R118W
LINCOLN COUNTY, WYOMING", dated 21 October 2010, as revised.
4 November 2010
1 T&R134-r184-1ES 170
"Mod cation in any way of the foregoing description terminates liability of the surveyor"
00UO31