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Home My WebLink About958862EASEMENT 000255 For and in consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid, receipt of which is hereby acknowledged, William J. McGinnis III, Trustee of the William J. McGinnis III Revocable Trust dated September 4, 1998, as amended, hereinafter referred to as "Grantor does hereby grant to Fish Creek Flying W Ranches, Inc., hereinafter referred to as Grantee, a non exclusive easement and right -of -way to construct, maintain and use a road for the purposes of ingress and egress and installing above ground and /or underground utilities along a route on, across, under and through the portion of the following described lands owned by Grantor, situate in the County of Lincoln, State of Wyoming, to wit: The real property described in Exhibit "1" attached hereto. Said grant of easement is subject to the following conditions, exceptions and reservations: 1. Grantee shall have the right to construct, maintain and repair a roadway for ingress and egress on and over this easement. 2. Grantee shall have the right to construct, maintain and repair above ground and /or underground utilities along a route on, across, under and through this easement. 3. This easement shall be for the benefit of, run with and be appurtenant to the real property or any portion thereof described as: The real property identified in Exhibit "2" attached hereto; and shall be a burden on and a covenant which runs with the lands of Grantor identified above (Exhibit "1") for the benefit of the lands of Grantee identified in this paragraph (Exhibit "2 4. This is a non exclusive easement. Grantor reserves the right to occupy and use the Easement Area for all purposes, including but not limited to unimpeded pasture use, not inconsistent with the rights herein granted. 5. Whenever used, the singular number shall include the plural, the plural the singular, and the use of gender shall include all genders; the covenants herein contained shall bind, and the benefits and advantages shall inure to the respective heirs, successors and assigns, of the parties hereto. RECEIVED 4/12/2011 at 10:03 AM RECEIVING 958862 BOOK: 765 PP JEANNE WA. executed on this 000256 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be 5"— da y of '/(��;'G �t 2011. STATE OF WYOMING COUNTY OFD The foregoing instrument was acknowledged before me by William J. McGinnis III, Trustee of the William J. McGinnis III Revocable Trust dated September 4, 1998, as amended this r day of f(4 n f 2011. My commission expires: ss. William J. McGinnis III, Trustee of the William J. McGinnis III Revocable Trust dated September 4, 1998, as amended o r4 Public Amber Hammer Notary public County of Sublette State of Wyoming My Commission Expires Nov. 8, 2011 i Professional Land Surveyors Paul N. Scher el Wyo. Registrat on No. 164 Utah Registralibn No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A. Scher el Wyo. Registrat on No. 3889 Idaho Registra ion No. 8026 Utah Regislratipn No. 372111 MARLOWE A. I SCHERBEL Wyo. Registrat on No. 5368 Surveyor Sche LTD. Afton, Wyominb Big Piney, Wydming Jackson, Wyoming Lava Hot Springs, Idaho ROADWAY ACCESS EASEMENT To -wit: A strip of land thirty (30) feet in width being part of the following: T26N, .R113 W Section 21 SE 1 /4NE 1 /4, Lot 1 Section 22 NW1 /4SW1 /4, SW1 /4SW1 /4 Section 27 Lot 4, Lot No. 47 Section 28 Lot No. 50, Lot No. 47 000257 with its easterly line described as follows, said line being identical with the easterly line of that thirty (30) feet in width Roadway Easement of record in the Office of the Clerk of Lincoln County in Book 392 of Deeds on page 19, Exhibit "A"; BEGINNING at a 3/8x12 ins. spike within the bounds of the LaBarge Creek County Road No. 12 -315, NO2 °00.0'W, 1039.58 feet, from the east one quarter corner of said Section 21 found as described in the Corner Record filed in said Office; thence SO4 °49.7' W, 1368.75 feet, to a point; thence S24 °41.9'E, 363.48 feet, to an intersection with the east line of said Section 21, S00 °02'E, the base bearing for this survey, 655.17 feet, from said east one quarter corner; thence continuing S24 °41.9'E, 718.46 feet, to a point; thence S16 °18.1'E, 307.07 feet, to a point; thence S03 °40.7'W, 802.55 feet, to a point; thence S26 °24.0' W, 265.96 feet, to an intersection with the north line of said Section 27, N89 °57.3'E, 215.50 feet, from the northwest corner of said Section 27 found as described in the Corner Record filed in said Office; thence continuing S26 °24.0'W, 1447.71 feet, to a point; thence S32 °28.1'W, 138.21 feet, to a point; thence S 15 13.2' E, 284.33 feet, to a point; thence S25 °48.6'E, 231.41 feet, to a point; thence S 15 °02.9' W, 1019.96 feet, to a point, and leave said easterly line; now describing the southerly and westerly line of said strip of land as follows: thence N87 °46'05 "W, 1181.78 feet, to an intersection with an east line of that tract of record in said Office in Book 392 of Deeds on page 17, N00 °57'50 "W, 62.80 feet, from Corner No. 6 of said Lot 47, found as described in the Corner Record filed in said Office; thence N88 °15'45'", 458.50 feet, to a point; thence N84 °36'45 "W, 215.80 feet, to an intersection with the west line of said tract in said Book 392, N00 °51'20 "W, 93.76 feet, from the southwest corner thereof; "hAnrlifino +inn in on,/ urorr of +ho fnronninn riocrrinfinn fcrminofoc liahilih, of fhe ci inIOVnr" Professional Land Surveyors Paul 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 DESCRIPTION FOR WILLIAM J. McGINNIS, III FOR ROADWAY ACCESS EASEMENT PAGE TWO of TWO thence continuing N84 °36'45 "W, 78.06 feet, to a point; thence N88 °07'40 "W, 471.68 feet, to a point; thence N40 °45'50 "W, 119.07 feet, to a point; thence N14 °34'25 "W, 560.05 feet, to a point; thence NO2 °24'50 "W, 124.10 feet, to the terminus point at an existing headgate, N58 °49'00 "W, 1691.64 feet, from said Corner No. 6 of said Lot 47; AND a strip of land 30 feet in width, being part of said Lot 50, with the east line described as follows: BEGINNING at a point on the line between Corner Nos. 2 and 3 of said Lot 50, N89 °38' 10 "W, 772.39 feet, from said Corner No.2; thence N00 °00'00 "E, 44.05 feet, to an intersection with the southerly line of the afore described strip of land; each point marked by a 5/8x24 ins. steel reinforcing rod with aluminum cap inscribed, "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS164; all in accordance with the attached map titled "EXHIBIT A ROADWAY ACCESS EASEMENTS SECTIONS 21, 22, 27 AND 28 AND LOT NOS. 47 AND 50 T26N R113W LINCOLN COUNTY, WYOMING dated 22 October 2009. File: 26n 113w /Jay McGinnis/McGinnis 04025E "Mnriifinatinn in a wav of the foreaoina description terminates liability of the surveyor" LEGEND NO224'50'W 124.10' N4045'S0 "W 119.07' /N58'49'00'W 1691.64' (tie) N1434 25 "W 560.05' 00'51 548.08' (434.32' GARCIA N88197'40'W 392 PR 17 471.68' (78.06) (215.80 N8875 45'W 458.50' /00' l L (93.76' N0057'50" 62.80' N6436'45'W 293.86' LOT 50 F SURVEYOR ^EL, LTD. JAY MCGII £MENT.PRO 22 OCTOBER 2009 T26N R1 13W 000259 NO. 12-315 LOT 48 F LOT 49 F SECTION 21 SECTION 28 LOT 50 N8938'10 "W 573.10' LOT 47 SENE USA Q indicates o Corner Record filed in the Office of the Clerk of Lincoln County p indicates o 5/8x24" steel reinforcing rod with aluminum cap inscribed "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS 164" and oppropriote details o indicates a calculated point no monument found or set indicates o 3/8 "x12" steel spike N87'46'05 "W 574.58' N87'46'05'W 607.20' N0000'00 E 44.05" MCGINNIS (M) SCALE 1" 600' 1 2 1 2 1 2 8 7 N8938'10'W 772.39' -5- USA 19307' N 0 0 2 (1298.70) 5322.61'W 138.21' 51573.2'£ 284.33' SWNW NO2V0.0'W 1039.58' (tie) FISH CREEK FLYING W RANCHES (F) 525486? 231.41' 0 0'N N N 515'02.9'W 1019.96' SO4 49.7'W 1368.75' 1/4 (J63.48') LOT 47 M (265.96') (149.01') 5681375'W 160.77' S2624.o'w 171367' NWSW a =52441.9 E 1081.94' (718.46) w 51615.1'E 307.07' 503'40.7'W 602.55' SWSW F East line of 30' Roadway Access Easement -E 9 SEC770N 22 -4- SECTION 27 EXHIBIT A ROADWAY ACCESS EASEMENTS SECTIONS' 21, 22, 27 AND 28 AND LOT NOS. 47 AND 50 T26N R 113W LINCOLN COI WYOMING LAND OWNED BY FISH CREEK FLYING W RANCHES, INC. Lot No. 50 of Section 28, R26N, R113W, 6 P.M., Lincoln County, Wyoming, (Less the twenty (20) acres, more or Tess, that was legally deeded to Anastacio Garcia as per the Will of Charles Chrisman) e1 00020''0 I/