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KSR 1217 LC
PO Box 948
Grantsville, Utah 84029
MTC FILE NO. 130260.3 Livingston
FENCE LINE AGREEMENT
AND
QUIT CLAIM
THIS AGREEMENT is made this 3 O day of Jt l (I 2009, by and between the
following described parties: (a) KSR 1217, LC, a Utah Limited Liability Company, hereinafter referred
to as KSR 1217; and (b) Barbara J. Livingston, Matthew T. Livingston and Gregory J. Livingston, as
Co- Trustees of the Livingston Family Trust dated March 27, 1991, hereinafter referred to Livingston.
RECITALS
RECEIVED 2/23/2011 at 4:17 PM
RECEIVING 958238
BOOK: 762 PAGE: 892
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000892
WHEREAS, KSR 1217, LC is the owner or has an ownership interest in the following
described property located in Lincoln County, Wyoming, herein sometimes referred to as the KSR 1217
Property and sometimes as the "Survey Description of the Proposed Robinson Mill Subdivision
See Exhibit "A" attached hereto being the proposed plat of the Robinson Mill Subdivision.
Lincoln County Geo Pin Numbers: 3519- 10 -1 -00- 138 -00;
3519- 10 -1 -00- 138 -01; and
3519-10-1-00-138-80.
WHEREAS, Barbara J. Livingston, Matthew T. Livingston and Gregory J. Livingston, as Co-
Trustees of the Livingston Family Trust dated March 27, 1991 are the owners or have an ownership
interest in the following described property located in Lincoln County, Wyoming(herein referred to as
the Livingston Property), to -wit:
See Exhibit "B -3" attached hereto and made a part hereof by this reference.
WHEREAS, there has heretofore been an uncertainty and discrepancy in the actual boundary
between the deed descriptions of the two properties owned by the parties as described above. Said
uncertainty and discrepancy has been based on mesne deeds of record in the chain of the title of the
respective parties hereto, as well as the actual location of an existing fence between the two properties.
WHEREAS, KSR 1217 has caused a survey to be made of the KSR 1217 property and the
location of the fence and the West Boundary of the Livingston Property. The survey of the KSR 1217
Property was done by Marlowe A. Scherbel, a registered land surveyor in the State of Wyoming
(License No. 5368).
000893
WHEREAS, the parties hereto have reached an agreement with regard to the actual location of
the common boundary between the two properties described above and desire to reduce said agreement
to writing.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the adequacy of
which is hereby acknowledged the parties hereto STIPULATE AND AGREE AS FOLLOWS:
1. The parties agree that the Common Boundary between their respective parcels of property is
the fence line which is the East Line of the Survey Description of the Proposed Robinson Mill
Subdivision as described above.
2. Livingstons do hereby stipulate and agree that KSR 1217 is the owner in fee simple of all of
the property contained within the bounds of the "Survey Description of the Proposed Robinson Mill
Subdivision" as described above on Exhibit "A" and referred to as the Survey Description of the
Proposed Robinson Mill Subdivision; and Livingstons do hereby remise, release and forever Quit
Claim to KSR 1217, LC all of the property contained within the bounds of the attached "Survey
Description of the Proposed Robinson Mill Subdivision" all of which lies West of the above described
Fence Line, including any and all property acquired by Livingstons situated West of said fence line,
after the execution and/or recording of this instrument under the doctrine of "after- acquired title
3. KSR 1217 does hereby stipulate and agree that Livingstons are the owners in fee simple of
the Livingston Property described above on Exhibit "B" and referred to as the Livingston Parcel; and
KSR 1217 does hereby remise, release and forever Quit -Claim to Livingstons all of its right, title and
interest in and to all of the property abutting the Livingstons Property situated East of the above
described Fence Line, including any and all property acquired by KSR 1217 situated East of said fence
line after the execution and/or recording of this instrument under the doctrine of "after- acquired title
4. This agreement is made for the purposes of establishing said Fence Line as actual boundary
line of a disputed boundary and is intended for that purpose and shall be binding upon the heirs,
assignees and successors of the parties hereto.
KSR 1217, LC
y
fl'4-
R ald E. Mattinson, Manager
i /�.J dL
Barb. J. Livingst•r
AGREEMENT
of the Livingston Family Trust dated March 27, 1991
J. Li ston Co- Trustee
Co Trustee atthew T. Livingston, Co- Trustee Gregory g
STATE OF UTAH
:ss
COUNTY OF SALT LAKE
The foregoing instrument was acknowledged before me this 7 day of (7
2009 by Ronald E. Mattinson, the Manager of KSR 1217, LC, a Utah Limited Liability Company, who
duly acknowledged that saidinstrument was executed by authority.
MICHAEL B IVINS
NOTARY PUBLIC STATE of UTAH
64 E 6400 S SUITE 100
SALT LAKE CITY, UT 84107
COMM. EXP. 06/05/2011
STATE OF NEVADA
COUNTY OF WASHOE
:s
NOTARY PUBLIC
STATE OF NEVADA`
County of Washoe
RONI L. SHAFFER
No: 99- 36517 -2
My Appointment Expires May 5, 2011
NOTARY PUBLIC
000894
The foregoing instrument was acknowledged before me this 3o day of llue 2009
by Barbara J. Livingston, Matthew T. Livingston and Gregory J. Livingston, as Co- Trustees of the
Livingston Family Trust dated March 27, 1991, who duly acknowledged that said instrument was
executed by authority.
NOTARY PUBLIC
Professional Lend Surveyors
Paul N. Sched,el
Wyo. Registration No. 164
Utah Registration No. 1670
Idaho Registration No. 3990
Nevada Registration No. 6805
Scott A. Scheibe)
Wyo. Registration No. 3889
Idaho Registration No. 8026
Utah Registration No. 372111
MARLOWE A. SCHERBEL
Wyo. Registration No. 5368
Surveyor Scherbel, LTD
Afton, Wyoming
81g Piney, Wyoming
Jackson, Wyoming
Lava Hot Springs, Idaho
Montpelier, Idaho
DESCRIPTION rux
KSR 1217, LC
ROBINSON MILL
To -wit:
FXFt Ia
That part of the SE''ANE' /4 of Section 10, T35N R119W, Lincoln County, Wyoming, being part
of that tract of record in the Office of the Clerk of Lincoln County in Book 25 of Deeds on
page 578, part of that tract of record in Book 412 of Photostatic Records on page 481, and all
of that tract of record in Book 659 of Photostatic Records on page 70, described as follows:
BEGINNING at the southwest corner of said SE'/4NE'/4;
thence N00 01.' -24 "E, 849.68 feet, along the west line of said SE' /4NE'/<, identical with the
east line of Etna Village Estates Subdivision Phase I, of record in said Office with
Accession No. 930932, to the southwest point of that tract of record in said Office in Book
434 of Photostatic Records on page 440, at a fence corner;
thence S89 21' -43 "E, 294.38 feet, along the south line of said tract on page 440, to the
southwest point of that tract of record in said Office in Book 434 of Photostatic Records on
page 461;
thence continuing S89 21' -43 "E, 250.07 feet, along the south line of said tract of record on
page 461;
thence S00 28' -32 "E, 840.38 feet, along an existing fence line, in part, to a spike on the south
line of said SE'/4NE3/4;
thence S89 39' -39 "W, 551.75 feet, along said south line, to the CORNER OF
BEGINNING;
ENCOMPASSING an area of 10.63 acres, more or less;
the BASE BEARING for this survey is the east line of the NE'/4 of Section 10, T35N R119W,
being N00 08' -36 "E;
SUBJECT to Good Neighbor Lane County Road No. 12 -169;
each "corner" found as described in the Corner Record 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 with appropriate details;
each "spike" marked by a 3/8" x 12" steel spike, referenced by a 5/8" x 24" steel reinforcing
rod with a 2" aluminum cap inscribed "SURVEYOR SCHERBEL LTD AFTON WY PLS
5368 with appropriate details;
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County
titled, "ROBINSON MILL, A D ISION WITHIN THE SE1 /4NE1 /4 SECTION 10
1
T35 u019W LINCOLN COy1 TY OMING dated 30 December 2008, as revised.
1 March 2009
"Modification in any way of the foregoing description terminates liability of the surveyor"
Exhib'v\-
(legal description of subject parcel)
Commencing at a point 30 -1/2 rods West from the Southeast corner of the NE A of
Section 10, Township 35 North, Range 119 West of the Sixth P.M., Wyoming, and
running thence North 20 rods; thence West 16 -1/2 rods; thence South 20 rods; thence
East 16 -1/2 rods to the place of beginning, together will all improvements and water
rights.
OOC S9