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HomeMy WebLinkAbout961912RECEIVED 11/16/2011 at 10:19 AM RECEIVING 961912 BOOK: 776 PAGE: 271 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000271 IRRIGATION PIPELINE EASEMENT Lawrence H. Welch and Lisa A. Welch husband and wife, Grantors, of Cache County, Utah, 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 Terryl Lancaster and Shelly Lancaster, husband and wife, as tenants by the entireties, Grantees, whose address is P.O. Box 22, Afton, WY 83110, the following described non exclusive perpetual right -of- way and irrigation pipeline easement for the following purposes: 1. PURPOSE OF EASEMENT. This easement is granted for the purpose of an irrigation pipeline easement, including the right of ingress and egress for the purpose of installing, maintaining and constructing the irrigation pipeline located within the easement. 2. CONDITIONS OF THIS EASEMENT. The conditions of this easement are: a. Grantees may use the described easement for the construction and maintenance of an irrigation pipeline to serve their property described in Paragraph 3. b. This easement is a non exclusive perpetual easement and the Grantors reserve the right to grant additional easements over this same described property, provided however, any additional easements shall not interfere with the rights granted to Grantee in this easement. c. Grantors reserve the right to use this easement for any and all uses that do not interfere with the rights granted herein. d. The irrigation pipeline easement shall include the right to construct, maintain, improve, and repair the irrigation pipeline and related improvements, provided however any irrigation pipeline that is placed within the easement shall be placed underground within the easement boundaries and the Grantees shall be responsible for restoring the easement so as to allow access across the same and shall properly maintain the easement. The Grantee shall be responsible for restoring the easement area following placement of the irrigation pipeline. e. The within easement grant is intended to be an easement running with the land which it serves and shall be perpetual so long as it is used for a road and utility access purposes. 3. PROPERTY BENEFITTED BY EASEMENT. This easement is for the benefit of the following described real property of Grantee in Lincoln County, Wyoming, described as follows: That parcel of property as more fully described on Exhibit "A" a copy of which is attached hereto and by this reference made a part hereof. 4. DESCRIPTION OF EASEMENT. The easement is described as follows: That parcel of property as more fully described on Exhibit `B" a copy of which is attached hereto and by this reference made a part hereof. 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 provided however that this easement is limited to the property as described in Paragraph 3 hereof. WITNESS our hands this 1 ay of November 2011. Lawrence H. Welch Lisa A. Welch STATE OF i"70�?i ff SS. COUNTY OF G;, ll/ Witness my hand and official seal. 000272 The foregoing instrument was acknowledged before me by Lawrence H. Welch and Lisa A. Welch, this 42 day of November, 2011. fissional Land Surveyors N. Scheibe) Registration No. 164 Registration No, 1670 Regislralion No. 3990 25 Regislralion No. 5805 A. Schelbel Regislralion No. 3889 Registration No. 8026 Registration No.372111 _OWE A. SCHERBEL Registration No. 5368 1701 Scherbel, LTD. Wyoming iney, Wyoming Wyoming Hut Springs, Idaho 18110,, Idaho ig 8 To -wit: DESCRIPTION FOR LAWRENCE H. WELCH AND LISA A. WELCH SHELLEY JENSEN TRACT That part of the NE' /4NW1/4 and that part of the NW' /INE' /4 of Section 30, T3 IN R1 18W, Lincoln County, Wyoming, being part. of that tract of record in the Office of the Clerk of Lincoln County in Book 381 of Photostatic Records on page 82, described as follows: BEGINNING at a point on the westerly right -of -way line of U.S. Highway 89, N68 -55'- 30"E, 147.3,6 feet, from the southeast corner of the N %2NE' /4NW1/4 of said Section 30; thence SO4 11' -12 "E, 698.35 feet, along said westerly right -of -way line, to a point on an existing fence line; thence.S88 52' -53 "W, 527.08 feet, along said fence line, to a point; thence N00 19' -51 "W, 703.47 feet, to a point on the south line of that tract of record in said Office in Book 499 of Photostatic Records on page 467; thence N89 36' -11 "E, 480.07 feet, along said south line, to the POINT OF BEGINNING; ENCOMPASSING an area of 8.10 acres, more or less; the BASE BEARING for this survey is the north line of the NW1/4 of Section 30, T31N R118W, being N89 39' "E; RESERVING unto the grantor a right of ingress and egress and utilities over, under and across the south sixty (60) feet of the above described tract; TOGETHER with a right of utilities over, under, and across a twenty (20) foot strip of land with the north line described as follows: BEGINNING at a point N00 19' -33 "W, 53.34 feet from the southwest corner of the N''ANE'I /4NWV4 of said Section 30; thence N89 36' -11 "E, 981.70 feet, along die south line of said tract in Book 499, to the northwest point of the above described tract; each "corner" found as described in the Corner Record filed or to be tiled 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" or "SURVEYOR SCI-IERBEL LTD BIG PINEY WY RLS 164 with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County. titled, "LAWRENCE H. WELCH AND LISA A. WELCH AND WELCI -i DAIRY PLAT OF FAMILY EXEMPT TRACTS AND BOUNDARY ADJUSTMENT WITHIN THE EV2NW1/4 NW' /4NE' /4 SECT ON 30 T3IN RI 18W LINCOLN COUNTY, WY S TN d ed 5 Deceml r 22*.1. ,_o ievised. I <OA4ING "Modification 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. 3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR TERRYL LANCASTER AND SHELLY LANCASTER FROM LAWRENCE H. WELCH AND LISA A. WELCH IRRIGATION PIPELINE EASEMENT To -wit: 000274 A strip of land, ten (10) feet in width, over, under and across the E %2NW' /4 and the W' /2NE' /4 of Section 30, T31N R118W, Lincoln County, Wyoming, with the north line described as follows: BEGINNING at the southwest point of that tract of record in the Office of the Clerk of Lincoln County in Book 563 of Photostatic Records on page 378, said point being S00 19'-33"E, 4.21 feet from the southwest corner of the NE1/4NW1/4 of said Section 30; thence N88- 52' -53 "E, 488.86 feet, along the south line of said tract in Book 563, to the southwest point of that tract of record in Book 717 of Photostatic Records on page 795; thence continuing, N88- 52' -53 "E, 493.00 feet, along the south line of said tract in Book 717, to the southwest point of that tract of record in Book 734 of Photostatic Records on page 473; thence continuing, N88- 52' -53 "E, 527.08 feet, along the south line of said tract in Book 734, to the southeast point thereof, on the westerly right -of -way line of U.S. Highway 89; the BASE BEARING for this survey is the north line of the NW' /4 of Section 30, T31N R118W, being N89 39' -00 "E; the southerly right -of -way line of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of ten (10) feet to meet the westerly line of said E %2NW' /4 and westerly right -of -way line of U.S. Highway 89; 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" or "SURVEYOR SCHERBEL LTD BIG PINEY WY RLS 164 with appropriate details; each "corner" 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 that plat of record in the Office of the Clerk of Lincoln County with Accession No. 959042 titled, "LAWRENCE H. WELCH AND LISA A. WELCH AND WELCH DAIRY PLAT OF FAMILY EXEMPT TRACTS AND BOUNDARY ADJUSTMENT WITHIN THE %2NW1/4 NW' /4NE'/4 SECTION 30 T31N R118W LINCO C TY, WYOM G'), e ated 5 December 2003, as revised. ovember 2011 "Modification in any way of the foregoing description terminates liability of the surveyor"