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HomeMy WebLinkAbout960852RECEIVE 9/b//011 at 4:05 PM RECEIVING 960852 BOOK: 772 PAGE: 264 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 2. EASEMENT a. This easement is a nonexclusive easement. 000264 Lincoln County School District No. 2, f /n /a Lincoln County School District No. 19, Grantors, of Lincoln County, State of Wyoming, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid receipt of which is hereby acknowledged, GRANT AND CONVEY to Lincoln County, State of Wyoming, a Political Subdivision, acting by and through its Board of County Commissioners, Grantee, whose address is 925 Sage Avenue, Kemmerer, Wyoming 83101, the following described non exclusive access easement for the property described on paragraph 4 for the following purposes: 1. PURPOSE OF EASEMENT. This easement is granted for the purpose of providing a nonexclusive access easement for ingress, egress, and all utilities specifically reserving unto Grantor the right to use said easement for its own use. CONDITIONS OF THIS EASEMENT. The conditions of this easement are: b. That Lincoln County School District No. 2 does hereby specifically reserve the right to grant easements to other parties for the use of the same easement and further specifically reserves the right to use said easement for its own purposes including allowing its employees, customers and other invitees to use said easement for ingress, egress and all utilities. 3. MAINTENANCE. Lincoln County School District No. 2 and Lincoln County do hereby specifically agree to each pay their reasonable and fair share of the operation and maintenance of the easement annually or at such other time as they agree. In determining their respective reasonable and fair shares, consideration shall be given to the amount and nature of the use made of the easement by each party and their respective employees, customers and invitees and the amount and nature of damage to the easement resulting from that use. If either party fails to pay their reasonable and fair share, the parties agree that the issue shall be submitted to a mediator selected by their mutual agreement. If the parties cannot agree on a mediator or if mediation fails to resolve the issue, then one of more of the parties may bring legal action pursuant to this easement to compel such payment. In any such legal action is necessary, the prevailing party may recover their reasonable attorney's fees and costs in addition to other relief granted. 4. SNOW REMOVAL. It shall be the responsibility of Lincoln County to remove the snow from the above described easement in such a manner as to not interfere with the usage of Lincoln County School District No. 2's property which is adjacent thereto and said snow removal shall be done at no cost to Lincoln County School District No. 2. 3. PROPERTY BENEFITTED BY EASEMENT. This easement is for the benefit of the following described real property of Grantees in Lincoln County, Wyoming, described as follows: That property as more fully described on Exhibit "A -1 "entitled "Description for County of Lincoln, Lincoln County Afton Block 22 Tract Adjusted," a copy of which is attached hereto and by this reference made a part hereof as well as the retained property of Lincoln County School District No. 2 which is described on Exhibit "A -2." 4. DESCRIPTION OF EASEMENT. The easement is described as follows: That property as more fully described on Exhibit "B" entitled "Description for County of Lincoln from Lincoln County School District N. 2, Thirty-five (35) Foot Shared Access Easement. 5. BINDING EFFECT. The terms and conditions of this easement shall be binding upon and enure to the benefit of the heirs, successors in interest, and assigns of the parties named in this instrument. IN WITNESS WHEREOF, we have set our hands as of this ___ftl/tPe,t_„ 2011. Lincoln County School District No. 2 f /n /a Lincoln County School District No. 19 N uns k ike er, Chairman Board of Trustees Lincoln County School District No. 2 STATE OF WYOMING )ss. COUNTY OF LINCOLN The above and foregoing instrument was acknowledged before me by Mike Hunsaker and Eileen Merritt, Chairmai and Clerk of the Board of Trustees, Lincoln County School District No. 2 this day of 2011. WITNESS my hand and official seal. AMANDA E. WELCH NOTARY PUBLIC COUNTY OF i STATE OF LINCOLN +,i� WYOMING MY COMMISSION EXPIRES 1D 2 L -F Lincoln County, State of Wyoming By: Kent Connell- Chairm By: Paul C. Jenkink; Commissioner STATE OF WYOMING COUNTY OF LINCOLN The above and foregoing instrument was acknowledged before me by Kent Connelly, Chairman, T. Deb Wolfley, Vice Chairman, and Paul C. Jenkins, Commissioner, Board of Lincoln County Commissioners, this (p day of Sp k-rn bci' 2011. I II S 1 Na T itl`fffi i I )ss. COUNTY OF (F(c "1 +a�5 STATE LINCOLN <�3 WYOA4INIG MY COMMISSION PORES seal. erritt, Clerk of Trustees Lincoln County School District No. 2 Notary Public By: n lJ T. Deb Wolfley, Vice Chairman Notary Public 0 6 \c/-L-4-±1 A. 060265 day of Professional Land Surveyors Paul N. Scheibe' Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6005 Scoll A. Scherbel Wyo. Registration No. 3009 Idaho Registration No. 0020 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5300 Steveyor Scherbel, LTD. Afton, Wyoming 131g Piney, Wyoming Jackson, Wyoming Lava tlol Springs, Idaho Montpelier, Idaho DESCRIPTION FOR COUNTY OF LINCOLN LINCOLN COUNTY AFTON 13LOCK.22 TRACT- ADJUSTED To -wit: 000266 That part of Lots 1, 2, 3 and 4 of Block 22 of the Town of Afton, Lincoln County, Wyoming, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 53 of Photostatic Records on page 108 and in Book 437 of Photostatic Records on page 259, and all of those tracts of record in said office in Book 137 of Photostatic Records 011 page 121, in Book 139 of Photostatic Records on page 598 and in Book 265 of Photostatic Records 011 page 454, described as follows: BEGINNING at a point on the west line of said Lot 2, N01 45'40 "B, 66.00 feet, from the southwest corner of said Lot 2; thence S88 15' -36 "B, 497.29 feet, to a point on the west line of that tract of record in said Office in Book 739 of Photostatic Records on page 59; thence S01 52' -04 "W, 187.10 feet, along the west line of said tract in Book 739 and the west line of that- t:ca.ct of record in said Office in Book 526 of Photostatic Records` on page 422, to the northeast point of that tract of record in Book 266 of Photostatic Records on page 159; thence coursing the northerly line of said tract in Book 266 as follows: N88 15' -38 "W; 42.27 feet, to a. point; S01 57' -10 "W, 11.00 feet, to apoint; N88 15' -38 "W, 123.21 feet, to a point, and leave said northerly line; thence N88 09' -17 "W, 166.10 feet, along the north line of those tracts of record in said Office in ]3ook 580 of PhotostaticRecords on page 695 (2) and Book 529 of Photostatic Records on page 125, to a bat:hey at the northeast comer of that tract of record in said Office in Book 566 of Photostatic Records on page 218; thence N88 23' -41 "W, 66.29 feet, along the north line of said tract in Boole 566 of Photostatic Recorcl.s on page 218, to a bathey at the northwest corner thereof; thence N88 20' -47 "W, 99.02 feet, along the north line of that tract of :record in said Office in Book 499 of Photostatic Records on page 94, to a point on the west line of said Lot 3; thence N01 45'- l0 "J2, 198.10 feet, along said west line, to the POINT OF BEGINNING; ENCOMPASSING an area of 2,25 acres, more or less; the BASE BEARING for this survey is the line between "Mueller" water caps set by Ivan L. Call found at the intersection. of 4 Avenue Jefferson Street and 5 Avenue Jefferson Street, being N01 46'- 56 "]2; each "corner" marked by a. 2" galvanized steel spike with a 2" brass cap inscribed, "KARL F. SCIIERBBL AFTON WY PLS 11810 with appropriate details; each "point" marked. by a 5/8" x 24" steel reinforcing rod. with a 2" aluminum cap inscribed.; "SURVEYOR SCHERLL LTD AFTON WY PLS 11810 with appropriate details; Afton \original Townsite \Block 22 \Lincoln Comity School District "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors Paul N. Scheibe' Wyo. Registration No. 104 Utah Registration No. 1670 Idaho RegIStrallon No. 3000 Nevada Registration No. 6005 Scott A. Scheibe' Wyo. Registration No. 3000 Idaho Registration No. 0026 Utah Registration No. 372111 MARLOWE A. SCIIERBEI. Wyo. Regislralion No. 5360 Surveyor Scheibe', LTD. Arlon, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava hlol Springs, Idaho Montpelier, Idaho DESCRIPTION FOR COUNTY OIL LINCOLN LINCOLN COUNTY AFTON BLOCK 22 TRACT- ADJUSTED PAGE TWO 000267 each "bathey" :marked by a steel T- shaped stake 24" long with a metal cap inscribed, "SURVEY POINT DO NOT DISTURB RLS 164" and /or "PAUL N. SCHERBEL RLS 164 SURVEY POINT all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF ADJUSTED TRACTS AND EASEMENT FOR LINCOLN COUNTY SCHOOL DISTRICT NO. 2 AND COUNTY OF LINCOLN WITHIN BLOCK 22 ORIGINAL TOWNSITE OF AFTON LINCOLN COUNTY, WYOMING", dated 10 March 2011, as revised. 0 �a\ 22 March 2011 I 1 (i, t Date �Vy0;J1 ,ter._ \Afton \Original Townsile\Block 22 \Lincoln Counly School District "Modification in any way of the description terminates liability of the Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Re4islrallon No. 3990 Nevada Registration No. 6605 Scott A. Scherbel Wyo. Registration No. 3009 Idaho Reglslralion No. 0020 Ulah Registration No. 372111 MARLOWE A. SCIIERBEL Wyo. Registration No. 5360 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho rwbnlpeller, Idaho DESCRIPTION FOR LINCOLN COUNTY SCJ IIOOL DISTRICT NO. 2 LCSD NO. 2 AFTON BLOCK 22 TRACT ADJUSTED To -wit: 000268 That part of Lots 1 and 2 of Block 22 of the Town of Afton, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 53 of Photostatic Records on page 108, and all of those tracts of record in said office in Book 94 of Photostatic Records on page 652 and in Book 46 of Photostatic Records on page 263 and in Book 71 of Photostatic Records on page 427 and in Book 74 of Photostatic Records on. page 157 and in Book 737 of Photostatic Records on page 259, described as follows: BEGINNING at the northwest corner of said Lot 2; thence S88 15' -36 "B, 332.30 feet, along the north line of said Block 22, to the northeast corner thereof; thence continuing S88 165.00 feet along the north line of said Lot 1, to the northwest point of that tract of record in said Office in Book 446 of Photostatic Recorcl.s on page 196; thence S01 44' -48 "W, 244.90 feet, along the west line of those tracts of record in said Office in said Book 446, in Book 697 of Photosta.tic Records on page 428 and in Book 739 of Photostatic Records on page 59, to a point; thence S01°-52'-04"W, 19.10 feet, along the west line of said tract in Book 739, to a point; thence N88 15' -36" W 497.29 feet, along a line parallel with the north line of said Lots 1 and Lot 2, to a point on the west line of sa.icl Lot 2; thence N01 45' -10 "B, 264.00 feet, along said west line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 3.01 acres, more or less; the BASE BEARING for this survey is the line between "Mueller" water caps set by Ivan L. Cali found at the intersection of 4 t11 Avenue Jefferson Street and 5 Avenue Jefferson. Street, being N01 46' -56 "E; each "carnet" marked by a 2" galvanized steel spike with a 3" brass cap inscribed, "KARL F. SCHERBEL AFTON WY PLS 11810 with appropriate details; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed:, "SURVEYOR SCHBRBEL LTD AFTON WY PLS 11810 with appropriate details;, all in accordance with the. plat prepared to be filed in the Office of the Clerk of Lincoln County:, titled, "PLAT OF ADJUSTED TRACTS AND EASEMENT FOR LINCOLN COUNTY SCHOOL DISTRICT NO. 2 AND COUNTY OF LINCOLN WITJIIN BLOCK 22 OIU riNAL TOWNSITE OF AFTON LINCOLN COUNTY, WYOMING dated 10 March 20 11, as revised. r al Land l� 1610 <s, c 22: Mai;c 2011 10 M_114 EXHIBIT kb, \Afloe \Original Townsile \Block 22 \Lincoln County School District "Niodificalion in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3900 Nevada Registration No. 8605 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8028 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 COUNTY OF LINCOLN FROM LINCOLN COUNTY SCHOOL DISTRICT NO. 2 THIRTY-FIVE (35) FOOT SHARED ACCESS EASEMENT To -wit: 000269 A strip of land, thirty -five (35) feet in width, over, under and across Lots 1 and 2 of Block 22 of the Town of Afton, Lincoln County, Wyoming, with the southerly line described. as follows: BEGINNING at a point on the west line of said Lot 2, N01 45' -10 "E, 66.00 feet, from the southwest corner of said Lot 2; thence S88 15' -36 "E, 497.29 feet, to a point on the west line of that tract of record in said Office in Book 739 of Photostatic Records on page 59; the northerly right -of -way line of the above described easement to be shortened or lengthened as necessary to create a continuous and contiguous easement with a minimum width of thirty -rive (35) feet between the easterly and the westerly boundary lines of LCSD No. 2 Afton Block 22 Tract Adjusted as depicted on the below referenced plat; the BASE BEARING for this survey is the line between "Mueller" water caps set by Ivan L. Call found at the intersection of 4 Avenue Jefferson Street and 5 Avenue Jefferson Street, being NO1 45' -56 "E; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF ADJUSTED TRACTS AND EASEMENT FOR LINCOLN COUNTY SCHOOL DISTRICT NO. 2 AND COUNTY OF LINCOLN WITHIN BLOCK 22 ORIGINAL TOWNSITE OF AFTON LINCOLN COUNTY, WYOMING dated 10 March 2011, as revised. 22 March 2011 "Modification in any way of the fc \t \Eton \Original Towusifc \Block 22 \Lincoln County School District j description terminates liability of the lr°