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HomeMy WebLinkAbout962948RC�rCIV CU (/27/2012 ai I ►.32 ivi RECEIVING 962948 BOOK: 780 PAGE: 191 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY U.S. DEPARTMENT OF AGRICULTURE SUBORDINATION AGREEMENT AND LIMITED LIEN WAIVER 1. To be completed by NRCS; check appropriate box: n This transaction is for CCC This transaction is for NRCS OMB NO. 0578-0013 2. AGREEMENT NO 66 8E49 1090 This Subordination Agreement and Limited Lien Waiver, effective (3.) 12-26-2011 is signed by (4.) !:.,'an Howell of Western AgCredit (indicate person or person signing this document or party on whose behalf the document is signed) "Subordinating Party" who hereby grants, to the extent specified in Part II of this document, the following subordination and limited lien waiver to the United States of America (United States) by and through the Natural Resources Conservation Service or the Commodity Credit Corporation, as indicated above. The property described below is encumbered with an easement as described in the attached Warranty Easement Deed. This easement are is located in the County (Borough or Parish) of (5.) Lincoln and State of (5a.) Wyoming and is identified as follows: 6. Easement Area. The property encumbered by the Federal easement is described as follows: (Provide a legal description of the land comprising the easement area or recordable plot). See Exhibit D, attached. PART I GENERAL TERMS A. Authority. This Subordination Agreement and Limited Lien Waiver is acquired by the United States under the authority of 7 U.S.0 428a. B. Purposes. This Subordination Agreement and Limited Lien Waiver is required by the United States in connection with its acquisition of an easement over the property described above to ensure that the easement area is maintained to promote wetland functio and values. Former NRCS- LTP -21, CCC -1256 PART II SUBORDINATION AGREEMENT AND LIMITED LIEN WAIVER 1 00191 C. Duration of Easement and this Subordination Agreement and Limited Lien Waiver. The easement and subordination and limited lien waiver shall continue for the duration of the easement deed. The Subordinating Party: (1) subordinates its interest in the property described herein to the easement of the United States for the same property which is conveyed to the United States in the easement; (2) acknowledges that the property which contains the easement area is burdened by the right of access granted to the United States in the easement and agrees that this right of access shall be superior to any rights of the Subordinating Party; (3) subordinates its interest in the property to the purposes of the easement and any easement practices adopted pursuant to such purposes; and (4) agrees that the United States may make payments in connection with the easement deed without regard to any lien or claim that the Subordinating Party may have with respect to any person with an interest in the easement area, unless an assignment of such payment has been made to the Subordinating Party on a form approved by the United States. AD -1158 4 -2002 OMB NO. 0578-0013 00192 This Subordination Agreement and Limited Lien Waiver: (1) binds the Subordinating Party and its heirs, agents, assigns, and successors with respect to the interests that the Subordinating Party and such other persons have, or may have, in the property or against any person having an interest in the property; and (2) inures in favor of the United States and its assigns of any kind. 7 a. gnature Authorizing Rep. o ub. Party 7 b. Date:' 2.-281- 0 7 c. Title: 8. (INSERT ACKNOWLEDGEMENT STATEMENT BY NOTARY IN ACCORDANCE WITH STATE OR LOCAL PRACTICE) OMB DISCLOSURE STATEMENT According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0578 -0013. The time required to complete this information collection is estimated to average 0.69 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. NONDISCRIMINATION STATEMENT The United States Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, or marital or family status. (Not all prohibited bases apply to all programs.). Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720 -2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326 -W, Whitten Building, 1400 Independence Avenue, S.W., Washington, D.C. 20250 -9410 or call (202) 720 -5964. PRIVACY ACT STATEMENT The above statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. 522a). Furnishing this information is voluntary; however, failure to furnish correct, complete information will result in the withholding or withdrawal of such technical or financial assistance. The information may be furnished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or other State or Federal Law enforcement agencies, or in response to orders of a court, magistrate, or administrative tribunal. Former NRCS- LTP -21, CCC -1256 2 AD -1158 4 -2002 State of WY County of Uinta ss: On the 28th day of December, 2011, personally appeared before me Ryan Howell, Branch Manager for Western AgCredit who duly acknowledged to me that he executed the same. Expires: a -1 Residing: Eu►..) SHAWN R UNGERMAN COUNTY OF UNIT (iNY COMMit' SIC 4 EXPIRES MAY 12, 2018 4 W ARY PUBLIC STATE a O fF W V OMNNG 00193 Notary Public Pr Loa nat.1 2,0,..■ Wy,o, Re;Estrreion 4c, 1.1 Lnah1 4t 1670 ir.11 RPgOratio4 N Ne5,70 1 2 ymmbon Rivi5tpThori No. 1661 IARbt, Nop:MThoo thDil PociiM3ton 172111 MARi A. Wyrz 33D. Wvnmin9 Fr,120t.”: F.101 To-wit: Exhibit D DESCRIPTION FOR KENNETH: R. PETERSEN AND A.NDRA L. PETERSEN .N RCS EASEMENT #66-8E419-0-1090 e. 9 J. 9 4 BEGINNING at Corner No. 2 of said Tract 74; Thal part 0 ruracts 74 and 76 of the 1913 Rcsurveys of122N RI 19W and "f22N R120W, and GL() T...,ot 8 and GLO Lot 9 of Section 30,122N RII9W, and GLO Lot 2 of Section 25, T22N k I 20\V. described as follows: thence N89"-26"-17"W, 54.93 feet, along the south line of said Tract 74, to the northeast corner of CiL0 Lot 8: thence SOW-24'-47"W, 734.86 .feet, along the east line of said GI.,0 Lot 8 and 01..,0 Lot 9, to a potnt on an existing fence line; thence N75' 2109.34 feet, along said fence line, to a point: thence N04" 440.21 feet, to a point; thence N27-17'-41"W, 121.02 feet, to a point; thence N52°-52'-18"W, 498.44 fect, to a point; thence N34"-20'-49"W, 1289.41 feet, to a point; thence S77"-27'-39"W, 561.10 feet, 10 a point; thence N00°-34'-48"W, 1508.09 feet, to a point; thence N78"-48`-13"E, 267.89 feet, to a point; thence N00"-59'-42"W, 227,94 feet, to a point; thence N32 2253.44 feet, to a point; thence N11"--17'-11"L, 1608,00 feet, to a point; thence N5,5 '-2 6" F, 1806.23 feet, to a point; thence NO3"-55'-42"E, 1834.51 fte1 to a point on an castlwest fence line; thence S89-1 8'-32"1. 2352.59 feet, along said fence line. to 0 point on the westerly right-of-way line of the Oregon Short Line Railroad; thence SI I -08'-'17" W, 1035,63 feet. along said westerly line. to a point on the south line of said Tract 76; thence N89"-15'-47"W, 907.99 feet, along said south Inc., 10 Corner No. 1 of Tract 74; thence S00"-37'-07"1V, 6640.25 feet, along the cast line of said Tract 74 to the CORNER OF BEGINNIN(; ANT) BEGINNING at a point on the south line of said Tract 76, N89 1074,90 feet, front Comer No 2 thereof thence N89"-15'-47"W, 460.00 feet, along aid south line, to a point on the easterly tight-of-way line of the Oregon Short Line Railroad; thence N11"-08 -37"E, 460.00 feet, along said easterly line, to a point; vfp\„:2 "Modification in any way of the foregoing description terminates liability of the surveyor Prolossiorrof Oro{ roveyors Pout N Soteureh Wyo. Rerair.trahon No. le.:rri Itah Nagevowel No. Idaho RoraEdsittroor Na. 3991) NaYNIN Pra)ratrroroh Na f‘fia Sr.01 A Sthe RogoiVa!roo Repir;4300A Ni.. hOZE NI,,h Pechora:ton Na r. MARLOWE A. SCHF RAE: Wvo..Po,,:0000rtino No 5A68 Surveyor Sao:rotes LTO WL'Orflinf7 10v0 Hol Spooy;,. 113o, MoWp.po,. DESCRIPTION FOR .KENNETH R. PETERSEN AND ANDRA L. PETERSEN AND NRCS NRCS #66-8E49-0-1090 PAGE TWO 00195 thence S9°1 5'47"E, 460.00 feet, along a line parallel with said south line, to a point; thence SI IQ 400.00 feet., along a hne parallel with said easterly line, to the POINT OF BEGINNING; .ENCONIPASSING an area 01090.30 acres, more or less; the BASE BEARING for this survey is the west line of Section 19,1722N Ri 3 VW, being N00"-30' it is the intent of this description that the called-for monuments, and net thc existing fence lines, control the location of the property lines; TOGETHER WITH a right of ingress, egress and utilities over, under and across a strip of land, thirty (30) feet in width, being part of the SE1/4NW1/4, Lot 8, and Lot 9 of Section. 30, T22N, R119W and Lot 2 and Lot 3 of Section 25, T22N, R1 20W, Lincoln County, Wyoming, with the southerly hne described as follows: BEGINNING at an intersection with the west line of said Section 30, N00"30'52"E, 4232.29 feet, from the southwest comer of said Section 30; thence S74°1 5'54"E, 1833.71 feet, to the beginning of a circular curve to the left; thence easterly, 260.62 feet, along the arc of said curve, through a central angle of 3042'37" with radius of 486.24 feet; thence N75'01'29'T, 175.16 feel, to the beginning of a circular curve to the right; thence easterly, 295.02 feet, along the are of said curve, through a central angle of 27"18'17" with radius of 619.07 feet; thence S77"40"14"E, 86,50 feet, more or less, to an intersection with the east line of said SE1/4NW1/4; AND BEGINNING at an .intersection with the east line of said Lot 2, NOW30'52M, 4 feet, from said southeast corner of said Section 25; thence N74"1 .5'54"W, 1484.98 feet, to the beginning of a circular curve to the left: thence northwesterly, 323.22 feet, along the are of said curve, through a central angle of 12'41'52" with radius of 1458.44 feet; thence N86°57'46"W, 662.03 feet; with the northerly line lengthened or shortened as necessary to create a continuous easement, thirty (30) feet in width from the cast line of said SE1/4NW1/4 to the end of the above. described casement; AND TOGETHER with a right of ingress and egress and utilities over, under and across a strip of land thirty (30) feet in ■vidth, described as follows: BEGINNING at a position an the south line of the above referenced Tract 74, N89 07"W, 2124.73 feet from Comer No. 2 thereof; I& R. Pct.cr,:n 4 r:CS "Modification in any way of the foregoing description terminates liability of the surveyor" lflo P;o111 11 Rt., No 164 Utah fif,oNluil,,), Tstrmiry• Nevatta Phq.c,...ratittt No httiat Srott A. Scht.tthot Wytta RhthUttatihn Na. :019 Walt* tt026 Utah F7t1t1ttt No 3r MARI iYAT: A: SC,4EpriE, Wyo. LTD. fl:u We, v,:yr,frtmg Port;t. Wyt:thhtitti sm. VS, ava Ito• DESCRIPTION FOR KENNETH R. RETERSEN AND ANDRik.L.IrETERSEN AND NRCS NRCS 1166-8E49-0-1090 PAGE THREE uv196 thence SO4Q-39'-49"E„ 253.84 feet., to a position on the northerly right-ollway line of BO Drive; thence N74°-15'-54"W, 32.01 fctet, along said right-of-way line, to a position; thence N04'-39'-49"W, 443.04 feet, to a position; thence N85°-20'-11"E, 30.00 feet, to a point; thence SO4°-39'-49"E, 201.20 ..fect, to the POSITION OF BEGINNING; RESERVLNG unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under and across a strip of land thirty (30) :feet in width, being fifteen (15) feet each side of the .following described centerline: BEGINNING at a position on a southerly line oldie above described NRCS EASEMENT, N12°- I 6'-08"E„ 1034.23 feet, from the southwest corner of the SE1/4 of Section 24, T22N R1 .20W, Lincoln County, 'Wyoming; thence N13"-42'-57"W, 1473.08 feet., to a position on a northerly line of said NRCS EASEMENT; the easterly and wcsterl.y right-of-way lines of the above described casement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of thirty (30) feet to meet the northerly and southerly lines of the NRCS EA.SEMENT as referenced; that it is intended that this description described the centerline: of an existing two-track road; should it be determined that the position of the actual two-track road differs from that described 'herein, the centerline of the actual road 'automatically becomes the centerline of this description. and easement; AND RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under and across a strip of land thirty (30) feet in width,. being :Fifteen (15) feet each side or the follownw described. centerline, m order to operate, maintain and repair an existing pipeline: .REGINNING at a point on the westerly line of the above described NRCS EASEMENT, S65"-50"-22"W, 1587.39 feet, from the northeas t. corner of Section 24, T22N RI 20W, Lincoln County, 'Wyoming; thence N34'-35'-49"E, 3167.18 feet, to a point on said westerly tine; the easterly and westerly riOn-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; that it is intended that this description describe the centerline of an existing underground pipeline; should it be determined that the position of the actual pipeline differs from that described herein, the centerline of the actual pipeline automatically becomes the centerline of this description and casement; each "corner" fbund as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; Vf 120\Kennc th iCi'l1 N< "Modification in any way of the foregoing description terminates liability of the surveyor" PT LAM SI I Vilyf) 164 Iktro Nv Sit:r!C Npv;wa R..N.li,tra,i-v1 No +>e3Z1:. SC Mt A. viya Rpfp.trati,n No ift$9 Flog,s1 No (026 '±72111 MAN OWE A. SCHEIRPFL Woo' kr+f 63N1 Survey S!'19te! Afton. Wyor,,Inv R Pvwy Jo ocw Lmoa Hot Ilaho DESCRIPTION FOR KENNETH R. .PETERSEN AND ANDRA L. PETERSEN AND NRCS NRCS #66-8E49-0-1090 P.AGE FOUR each "point" marked by a 518" 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 NRCS EASEMENT g66 FOR KENNETH R. PE7FERSEN AND ANDRA L. PETERSEN WITHIN GLO LOT 8 GOD LOT 9 SECTION 30 'IRACT 76 T22N 12.119W GLO LOT 2 GLO LOT 3 TRACT 44 TRAcT 74 T22N RI2OW LINCOLN COUNTY, WYOMING", dated 21 September 2010, as revised. /1 .,z f I 1 18 July 2011 REVISED t t 6 December 2010 REVISE 30 September 2010 00197 R 20,K clino tc! N RCS 'Modification in any way of the foregoing description terminates liability of the surveyor"