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HomeMy WebLinkAbout958863000281 EASEMENT 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, Fish Creek Flying W Ranches, Inc., hereinafter referred to as "Grantor does hereby grant to William J. McGinnis III, Trustee of the William J. McGinnis 111 Revocable Trust dated September 4, 1998, as amended, 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. This right also is to enable the Grantee to access an irrigation headgate on Grantor's property, which appears from the plat attached to be located on Lot No. 50, Section 28, T26N, R113W, 6 P.M. 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. F'amel. %r;_ s signing this easement individually and as President of Fish Creek Flying W Ranches, Inc. thereby granting and authorizing the granting of this easement as herein setforth. RECEIVED 4/12/2011 at 10:03 AM RECEIVING 9 BOOK: 765 PAGE: 261 JEARF GNER 6. 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. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on this STATE OF WYOMING COUNTY day of The foregoing instrument was acknowledged before me by Pamela C. Hamilton, individually and as President of Fish Creek Flying W Ranches, Inc. this day of r' u c_ 2011. My commission expires:1/1v1 Fish Creek Flying W Ranches, Inc., a Wyoming corporation q Ae A Aff: ,if.r4 Pamela9-H91-n, as President and individually v� /L otary Public 2011. Karen S. Wenz Notary Public County of Sublette State of Wyoming My Commission Expires 1/2/12 000262 z x w 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 To -wit: A strip of land thirty (30) feet in width being part of the following: T26N, R113W Section 21 SE1 /4NE1 /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 ©002G3 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 S 16° 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 S15 °13.2'E, 284.33 feet, to apoint; 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 "W, 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; 11 "nnnrlifiratinn in a m/ WAN/ of the fnrPnninn nesnrintion terminates liability of the surveyor" 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 0002C4 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: 26n1 13 w /Jay McGinnis/McGinnis 1e, 1Sr o f +ko fnronninn rlt,enrin +inn +ormin,+oe IiokiI;+ of +ho el inro',nrr' NO224'501'1 124.10' N40'45'50 "W 119.07' LEGEND /N58 49'00'W 1691.64' (tle) N1434'25 "W 560.05' 005120'W 548, GARCIA N88n7'40'W 392 PR 17 471.68' (78.06') (215.80') N887 5'45'W 458.50' 30.00' (93.76' LOT 50 F SUR VEYOR 1, LTD. JA Y MCGINd MEN T..PRO 22 OCTOBER 2009 N0057'50' 62.80' N8436'45'W 293.86' T26N R113W LOT 48 F LOT 49 F SECT70N 21 SECTION 28 LOT 50 F LOT 47 MCGINNIS (M) SENE USA indicates o Corner Record filed in the Office of the Clerk of Lincoln County indicates a 5/8"x24" steel reinforcing rod with aluminum cap inscribed "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS 764" and appropriate details o indicates a calculated point no monument found or set indicates o 3/8"x12" steel spike N87 574.58' N87 '05'W 607.20' 2 SCALE 1" 600' 2 1 I 6 N00'00'00 44.05' 7 N8938'10'W 573.10' N89•8'10 "W 772.39' 1 2 8 -5- USA USA 193.07' .515'02.9'W 1019.96' SWNW NO2'00.O'W 1039.58' ale) 504•49. T'W 1368.75' 1/4 .53228.1'W 138.21' 51573.2'£ 284.33' 525 4a 61 231.41' CO N N O.O (363.48) N O 12' ©Q0 2 S NWSW F 52441.9£ 1051.94' S68T77.5'W 160.77' 52624.0'W 1713.67' East line of 30' Roadway Access Easement LOT 47 M FISH CREEK FLYING W RANCHES (F) 718.462 51698. 1 E 307.07' S03 40.7'W 802.55' (265.96') (149.01) -4- SWSW F -El 9 SECTION 22 SECTION 27 EXHIBIT A ROADWAY ACCESS EA SEMEN TS SECTIONS 21, 22, 27 AND 28 AND LOT NOS. 47 AND 50 T26N LINCOLN COU. 1YOM!NG T26N, R113W Section 19: Resurvey .Lots 54, 55, 56, originally known as Lots 1,2,3',4, SEkSWk, SWkSEk, resurvey lots 3 and:6 Section 30: Resuvey Lots 4 and 5 Section 27: Lot 4 Section 33: Lot 1 Section 34: Lots 1,2, and 3, NEkNEk, SkNZ Section 27, 28, 33, and 34 A parcel of land situate in Lot 46 (originally described as SWkNEk and SEkNWk and E1/2SWk of Section 27) and a parcel of land situate in Lot 47, (originally described as SEk and WkSWk and SW3NWk of Section 27, and SEkSEk of Section 28, and NEkNEk of Section 33, and N1/2NWk and NWkNEk of Section 34, all in T26N, R113W of 6th Principal Meridian, Wyoming) being more particularly described as follows: Beginning at Corner No. 3 of said Lot 47, and thence NO 27'W, 20.256 chains to a point, said point being identical with the Northeast Corner of the SWkSEk of Sction 27 of the original survey of T26N, R113W of the 6th Principal Meridian; thence N89 41'W, 20.218 chains to the ,Southeast Corner of the NEkSWk of Section 27 of said original survey; thence N89 39'W, 20.396 chains to a point on the west boundary line of said Lot 46, said point being identical with the Southwest Corner of the NEkSWk of Section 27 of the original survey of said Township and Range, thence NO 54'W, 40.69 chains to Corner No. 6 of said Lot 46; thence N89 42'W, 20.38 chains to Corner No. 8 of said. Lot 47; thence SO 53'E, 40.69 chains to, Corner No. 7 of said Lot 4.7; thence N89 39'W, 20.40 chains to Corner No. 6 of said Lot 47; thence SO 51'E, 42.12 chains to.Corner No. 5of said Lot 47; thence S89 15'E, 81.60 chains to Corner No. 4 of said Lot 47; thence NO 43'W,'22.34 chains to Corner No. 3 of said Lot;47, the point of beginning, (also 'described as: those part of resurvey, Lots 46 and 47 originally described as SWkNW SkSWk,INWkSWk, SWkSEk, Section 27; SEkSEk Section 28; NEkNEk Section 33; NWkNEk,r,'`NANWk•Section 34) EXHIBIT McGINNIS RANCH 1/ 000266