HomeMy WebLinkAbout962035MODIFICATION OF EASEMENT
000571
For valuable consideration, the receipt whereof is hereby acknowledged, the following
designated and undersigned parties hereby enter into and make this Modification of Easement
"Modification of that certain Easement dated May 4, 2004, and recorded in the office of the
Lincoln County Clerk on August 25, 2004, in Book 565 PR, page 655, "the Easement
RECITALS
1. WHEREAS, the following parties are grantors in the Easement: Francis D. Brown
and Karen R. Brown, Trustees of the Francis D. and Karen R. Brown Family Trust dated March
31, 1999, of Afton, Lincoln County, Wyoming, and Kevin D. Hyde aka Kevin Daniel Hyde and
Janice F. Hyde aka Janice Hyde, husband and wife, and as Trustees of the Kevin D. and Janice F.
Hyde Family Trust dated June 12, 2001, of Auburn, Lincoln County, Wyoming; and
2. WHEREAS, the following parties are grantees in the Easement: Francis D. Brown
and Karen R. Brown, Trustees of the Francis D. and Karen R. Brown Family Trust dated March
31, 1999, of PO Box 441, Afton, WY 83110, Kevin D. Hyde and Janice F. Hyde, Trustees of the
Kevin D. and Janice F. Hyde Family Trust dated June 12, 2001, of 1539 Tom's Canyon Lincoln
County Road No. 131, Auburn, WY 83111, Clealon D. Hyde and Elaine Hyde, Trustees of the
Clealon D. and Elaine Hyde Family Revocable Trust, dated September 18, 1997, of 607 Tom's
Canyon Lincoln County Road No. 131, Auburn, WY 83111, Eugene K. Worton, Trustee of the
Worton Family Trust dated May 10, 1995, and Steven K. Whiteside and Shauna J. Whiteside,
husband and wife, of 244 Tom's Canyon Lincoln County Road No. 131, Auburn, WY 83111; and
3. WHEREAS, grantees, Clealon D. Hyde and Elaine Hyde, Trustees of the Clealon.
D. and Elaine Hyde Family Revocable Trust, dated September 18, 1997, have by those two certain
Warranty Deeds dated September 8, 2006, and recorded in the office of the Lincoln County Clerk
on September 15, 2006, in Book 633, pages 862 and 863, respectively, conveyed all of their real
property as described in the Easement to Steven K. Whiteside and Shauna J. Whiteside,
Trustees of the Steven K. and Shauna J. Whiteside Family Trust dated December 21, 2004, and
thus replacing them as grantees in the Easement: and
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RECEIVED 11/18/2011 at 11:58 AM
RECEIVING 962035
BOOK: 776 PAGE: 571
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000572
4. WHEREAS, the parties desire to now execute this Modification for the sole purpose
of agreeing to a revised legal description of the right -of -way easement set forth in Paragraph 4 of
the Easement.
1. The legal description of the right -of -way easement as set forth in Paragraph 4 of the
Easement is hereby revoked and relinquished and replaced in its entirety with the following legal
description:
NOW THEREFORE, the parties hereby agree as follows:
DESCRIPTION FOR
BROWN HYDE EASEMENT
To -wit:
A strip of land thirty (30) feet in width for ingress, egress and utilities, over, under
and across the S %SW%4 of Section 27, the NE%4NE% of Section 33 and the
NW'/NW'/ of Section 34, T33N R119W, Lincoln County, Wyoming, being fifteen
(15) feet each side of the following described centerline:
BEGINNING at the intersection of the north right -of -way line of Tom's Canyon County
Road No. 12 -131 with the east line of the SWY4SW of said Section 27, N00 -42'-
37"E, 30.00 feet, from the southeast corner of said SW %SW
thence N55°-31'-11"W, 23.10 feet, to a position at the beginning of a circular curve to
the left;
thence northwesterly, 58.59 feet, along the arc of said curve, through a central angle
of 34 15' -15 with a radius of 98.00 feet, and a chord bearing N72 38' -48 "W,
57.72 feet, to a position;
thence N89 46' -26 "W, 692.69 feet, to a position at the beginning of a circular curve
to the left;
thence southwesterly, 111.75 feet, along the arc of said curve, through a central angle
of 43 40' -31 with a radius of 146.61 feet, and a chord bearing S68 23' -19 "W,
109.07 feet, to a position of reverse curvature;
thence southwesterly, 112.08 feet, along the arc of said curve, through a central angle
of 42 26' -54 with a radius of 151.28 feet, with a chord bearing S67 46' -30 "W,
109.53 feet, to a position;
thence S88 59' -57 "W, 227.02 feet, to a position at the beginning of a circular curve to
the left;
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thence westerly, 133.91 feet, along the arc of said curve, through a central angle of
10 08' -56 with a radius of 756.00 feet, and a chord bearing S83 55' -29 "W,
133.74 feet, to a position, being the TERMINUS of the Brown -Hyde Easement;
the BASE BEARING for this survey is the east line of the SE% of Section 28, T33N
R119W, being N00 41' -03 "E;
the northerly and southerly right -of -way lines to be lengthened or shortened as
necessary to create a continuous easement with a minimum width of thirty (30) feet
to meet the northerly right -of -way line of said Tom's Canyon County Road No. 12-
131 and the east line of said SW%4SW'/4;
each "intersection" marked by a 5/8" x 24" steel reinforcing rod with 2" aluminum
cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 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;
each "position" is a calculated position with no monument found or set, referenced
by a 5/8" x 24" steel reinforcing rod with 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 TRACTS AND EASEMENTS FOR THE KENT AND
ML PEARSON TRUST, DATED 25 JANUARY 2006 AND ORDEN M. BURTON AND
IRMA BURTON WITHIN THE SY2SW% SECTION 27 SE% SECTION 28 NE%4NEY4
SECTION 33 NW %NW% SECTION 34 T33N R119W LINCOLN COUNTY,
WYOMING dated 17 September 2011, as revised.
11 October 2011
AND ALSO,
DESCRIPTION FOR
BROWN EASEMENT No. 1
To -wit:
An irregular strip of land for ingress, egress and utilities, over, under and across the
SW %SW' of Section 27, the NE %NE% of Section 33 and the NW%4NWY4 of
Section 34, T33N R119W, Lincoln County, Wyoming, described as follows:
BEGINNING at the southwest corners of said SWY4SW'
thence N00 41' -03 "E, 30.00 feet, along the west line of said SW %SW%, to a point;
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000574
thence S71°-09'-06"E, 132.35 feet, to a point on the northerly right -of -way line of the
aforementioned Brown -Hyde Easement, at the beginning of a non- tangent circular
curve to the left, whose radius bears S01°-00'-03"E;
thence westerly, 136.57 feet, along the arc of said curve and said right -of -way line,
through a central angle of 10 08' -56 with a radius of 771.00 feet, and a chord
bearing S83 55' -29 "W, 136.39 feet, to a point;
thence N71 09' -06 "W, 84.52 feet, to a point on the north line of said NE %NE'/;
thence S89 55' -45 "E, 90.00 feet, along said north line, to the CORNER OF
BEGINNING;
the BASE BEARING for this survey is the east line of the SE% of Section 28, T33N
R119W, being N00 41' -03 "E;
each "corner" found as described in the Corner Record filed or to be filed in the
Office of the Clerk of Lincoln County;
each "point" marked by a 5/8" x 24" steel reinforcing rod with 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 TRACTS AND EASEMENTS FOR THE KENT AND
ML PEARSON TRUST, DATED 25 JANUARY 2006 AND ORDEN M. BURTON AND
IRMA BURTON WITHIN THE SY2SW1/4 SECTION 27 SE% SECTION 28 NE'/NE%
SECTION 33 NW'/NW% SECTION 34 T33N R119W LINCOLN COUNTY,
WYOMING dated 17 September 2011, as revised.
11 October 2011
2. Except as modified herein, in all other respects, the parties hereby affirm the
provisions of the Easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands as of the .01/-11 day
of October, 2011.
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Francis D. Brown, Trustee
4 9 ;e/e 1-0-e?P(
Karen R. Brown, Trustee
STATE OF WYOMING
COUNTY OF LINCOLN
JAMIE DECORA NOTARY PUBLIC
County of y� State of
Lincoln Wyoming
My Commission Expires June 27, 201t1
My commission expires:
ss.
5
Kevin Daniel Hyde
Janice F. Hyde
l
Steven K. Whiteside
Shauna J. i hiteside
r
gene K. Worton, Trustee
NOTARY PUBLIC
000575
.i
1.0)41n6. Jn
On this day of ®eleber, 2011, before me personally appeared Francis D. Brown and
Karen R. Brown to me personally known, who, being by me duly sworn and put upon their oath, did
say that they are the trustees of the Francis D. and Karen R. Brown Family Trust dated March 31,
1999, described in and which executed the foregoing instrument; that said instrument was signed
and sealed on behalf of said trust; that said trustees had the authority under the terms of the written
trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledged
said instrument to be the free act and deed of said trust.
Given under my hand and notarial seal the day and year first above written in this certificate.
STATE OF WYOMING
ss.
COUNTY OF LINCOLN
On this 2 k day of October, 2011, before me personally appeared Kevin D. Hyde and
Janice F. Hyde to me personally known, who, being by me duly sworn and put upon their oath, did
say that they are the trustees of the Kevin D. and Janice F. Hyde Family Trust dated June 12,
2001, described in and which executed the foregoing instrument; that said instrument was signed
and sealed on behalf of said trust; that said trustee had the authority under the terms of the written
trust instrument to execute the instrument on behalf of the trust; and said trustee acknowledged
said instrument to be the free act and deed of said trust; and subscribed and sworn to before me by
Kevin D. Hyde aka Kevin Daniel Hyde and Janice F. Hyde aka Janice Hyde, husband and wife.
Given under my hand and notarial seal the day and year first above written in this certificate.
JAMIE DECORA NOTARY PUBLIC
County of State of
Lincoln ,F!; Wyoming
My Commission Expires June 27, 2014
My commission expires: 1 2-'4-1 z,01c1
STATE OF TEXAS
COUNTY OF m I €a
ss.
crni i k COLD
NOTARY PUBLIC
000576
On this a/ day of Bete, 2011, before me personally appeared Steven K.
Whiteside and Shauna J. Whiteside to me personally known, who, being by me duly sworn and put
upon their oath, did say that they are the trustees of the Steven K. and Shauna J. Whiteside
Family Trust dated December 21, 2004, described in and which executed the foregoing instrument;
that said instrument was signed and sealed on behalf of said trust; that said trustees had the
authority under the terms of the written trust instrument to execute the instrument on behalf of the
trust; and said trustees acknowledged said instrument to be the free act and deed of said trust.
Given under my hand and notarial seal the day and year first above written in this certificate.
4.40"T. esSCH4
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9 PUBLIC
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My commission p ���`�i' io -.=oi4
6
STATE OF WYOMING
COUNTY OF LINCOLN
On this a day of 474-464er 2011, before me personally appeared Eugene K.
Worton me personally known, who, being by me duly sworn and put upon their oath, did say that he
is the trustee of the Worton Family Trust dated May 10, 1995, described in and which executed the
foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said
trustee had the authority under the terms of the written trust instrument to execute the instrument
on behalf of the trust; and said trustee acknowledged said instrument to be the free act and deed of
said trust.
Given under my hand and notarial seal the day and year first above written in this certificate.
GERALD L GOULDING NOTARY PUBLIC
County of State te
Lincoln n s u'�`C. Wyoming
My Commission Expires May 2, 2015
My commission expires:
ss.
44x7. 2.9 /5"
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NOTARY PUBLI
00057'7