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HomeMy WebLinkAbout962036000578 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, grantors, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grant and convey to Kent H. Pearson and Mary Lynn Pearson, Trustees of the Kent and ML Pearson Trust dated January 25, 2006, of 1818 East Moore Crest Court, Salt Lake City, UT 84121, and Orden M. Burton and Irma Burton, husband and wife, of 4603 South Wackerlie Avenue, Idaho Falls, ID 83406, grantees, the following described perpetual right -of -way easement for the following purposes: 1. Purpose of Easement. This easement is for the purpose of providing a nonexclusive 30 -foot wide right -of -way easement for ingress and egress to the property described in paragraph 3 from the western terminus of the following described easement "Brown /Hyde Easement DESCRIPTION FOR BROWN HYDE EASEMENT To -wit: RECEIVED 11/18/2011 at 11:59 AM RECEIVING 962036 BOOK: 776 PAGE: 578 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY A strip of land thirty (30) feet in width for ingress and egress over, under and across the SY2SWV4 of Section 27, the NE'/4NE /4 of Section 33 and the NW' /4NW /4 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' /4SW thence N55°-31'-11"W, 23.10 feet, to a position at the beginning of a circular curve to the left; 1 J.. 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; 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 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 S' /2SW% SECTION 27 SE% SECTION 28 NE' /4NE% SECTION 33 NW' /4NW% SECTION 34 T33N R119W LINCOLN COUNTY, WYOMING dated 17 September2011, as revised. 11 October 2011 AND ALSO, 2 000579 DESCRIPTION FOR BROWN EASEMENT No. 1 To -wit: An irregular strip of land for ingress and egress over, under and across the SW' /4SWV4 of Section 27, the NE'/NE% of Section 33 and the NWIANW' /4 of Section 34, T33N R119W, Lincoln County, Wyoming, described as follows: BEGINNING at the southwest corners of said SWIASW /4; thence N00 41' -03 "E, 30.00 feet, along the west line of said SW' /4SW /4, to a point; 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'V4NE' /4; 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' /4 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 S %ZSW% SECTION 27 SEV4 SECTION 28 NE' /4NE' /4 SECTION 33 NWIANW SECTION 34 T33N R119W LINCOLN COUNTY, WYOMING dated 17 September2011, as revised. 11 October 2011 3 000580 000581 including the right to construct and maintain a roadway to provide that ingress and egress and to inspect the easement. 2. Conditions of this Easement. The conditions of this easement are: a. It is a common, nonexclusive easement for the mutual benefit of Grantees and their respective lands. b. Except as otherwise provided herein, Grantees may not fence or otherwise make improvements on the easement without the prior written consent of Grantors. c. Grantors have no duty to construct, operate, or maintain any roadway constructed in the described easement. Grantors have no duty to fence the easement and /or prevent livestock from crossing the easement, neither do the grantors have any duty to modify their farming operations in any manner. Those landowners who develop or use the easement for ingress and egress are responsible for the cost of construction of any road and the cost of the subsequent operation and maintenance of such improvements. d. Grantees, their heirs and assigns, hereby waive any and all claims that they may have at the present or in the future against the Grantors related to Grantees' use, operation or maintenance of the herein described easement. By accepting, using or allowing any third parties to use the herein described easement Grantees assume the risk of any and all damage including property or personal damage. Grantees shall indemnify and hold Grantors harmless for any damage, whether property or personal, to any third party whom Grantees allow to use the herein described easement. If any third party is injured or damaged in any way related to the use or maintenance of the herein described easement, the Grantee(s) allowing the third party to use the easement or maintain the easement shall indemnify and hold Grantors harmless therefrom. This indemnification and hold harmless includes the expenses of reasonable attorney fees, court costs, and any damages assessed against Grantors because of the use or maintenance of the easement or any reasonably related matter to the easement. 4 000582 e. If either of the grantees or their lineal descendants' desire to convey any part of their property, described herein, to any person who is not a lineal descendant of Kent H. Pearson and Mary Lynn Pearson or Orden M. Burton and Irma Burton, as the case may be, grantees must receive written notice from the grantors or their heirs and assigns, of their approval of the transfer. If written approval is not received by the grantees concerning the transfer, then the grantees that transfer their interest outside of their lineal descendants shall have their interest in the herein described easement automatically terminated. f. If Grantors enter into a binding agreement to convey any part of their property on which the described easement is located to any person who is not a lineal descendant of Francis D. Brown and Karen R. Brown, Grantors may elect to terminate this easement in whole or in part by providing to Grantees 90 -days prior written notice of such termination. If Grantors terminate this easement, their execution and recording of a document terminating the easement shall be final evidence of its termination. 3 Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: Kent and ML Pearson Trust W1/2SE1/4 and W1/2SE1/4SE1/4 of Section 28 T33N, R119W of the 6th P.M., Lincoln County, Wyoming, excepting therefrom: Beginning at the South Quarter Corner of said Section 28, and running thence North 885.0 feet; thence South 82 °40' East, 792 feet; thence South 784.0 feet; thence West 885.5 feet to the point of beginning. Orden M. and Irma Burton Beginning at the South Quarter Corner of Section 28, T33N, R119W of the 6th P.M., Lincoln County, Wyoming, and running thence North 885.0 feet; thence South 82 °40' East, 792 feet; thence South 784.0 feet; thence West 885.5 feet to the point of beginning. The parties specifically agree that any adoption proceeding that is intended in any way to circumvent the termination clause of this easement shall have no effect. Any person adopted with the intent to circumvent the termination clause of this easement shall not be considered a "lineal descendent" of the grantees. 5 4. Description of Easement. The easement is described as follows: DESCRIPTION FOR BROWN EASEMENT No. 2 To -wit: 000583 A strip of land thirty (30) feet in width for ingress and egress over, under and across the EASE' /4SE% of Section 28 and the NE' /4NE' /4 of Section 33, T33N R119W, Lincoln County, Wyoming, being fifteen (15) feet each side of the following described centerline: BEGINNING at a position, S09 37' -46 "W, 42.51 feet, from the northeast corner of said NE' /4NE' /4, being the beginning of a non tangent circular curve to the left, whose radius bears S11°-09'-59"E, said position being identical to the Terminus of the Brown -Hyde easement depicted on the below referenced plat; thence southwesterly, 176.29 feet, along the arc of said curve, through a central angle of 13 21' -40 with a radius of 756.00 feet, and a chord bearing S72 10' -12 "W, 175.89 feet, to a position; thence S65 29' -22 "W, 244.08 feet, to a position at the beginning of a circular curve to the right; thence northwesterly, 120.62 feet, along the arc of said curve, through a central angle of 86 23' -24 with a radius of 80.00 feet, and a chord bearing N71°-18'-56"W, 109.52 feet, to a position; thence N28 07' -15 "W, 133.32 feet, to a position at the beginning of a circular curve to the left; thence northwesterly, 122.80 feet, along the arc of said curve, through a central angle of 61°-48'-30", with a radius of 113.84 feet, and a chord bearing N59 01' -30 "W, 116.94 feet, to a position at the terminus of the Brown Easement No. 2, on the west line of said E%ZSE' /4SE%; the BASE BEARING for this survey is the east line of the SE' /4 of Section 28, T33N R119W, being N00 41' -03 "E; the northerly and southerly right -of -way lines of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of thirty (30) feet to meet the west line of said E'ASE%SE' /4; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; 6 2011. 000584 each "spike" marked by a 3/8" x 12" steel spike 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' /4 SECTION 27 SE' /4 SECTION 28 NE1/4NE% SECTION 33 NWY4NW /4 SECTION 34 T33N R119W LINCOLN COUNTY, WYOMING dated 17 September 2011, as revised. 11 October 2011 5. Binding Effect. The terms and conditions of this easement shall be binding upon and inure to the benefit of the heirs, successors in interest and assigns of the parties named in this instrument. 6. Waiver of Homestead Rights. The grantors hereby waive and release all rights to the described easement under and by virtue of the homestead exemption laws of the State of Wyoming to the extent that such rights may interfere with the purposes of this easement. IN WITNESS WHEREOF, we have hereunto set our hands as of the day of October, STATE OF WYOMING ss. 7 Francis D. Brown, Trustee 76.4‘14 Karen R. Brown, Trustee COUNTY OF LINCOLN E On this 2.day of October, 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 000585 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. My commission expires: l 4.7 wsf o/ 8 L11�I1i1P11'I/I -LR i I �I�Iq�LN WYOMING My Commission Expires 8 d ARY PUBLIC Given under my hand and notarial seal the day and year first a +ve written in th': NOTA ficate.