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HomeMy WebLinkAbout963585EASEMENT 00631 Clayne E. Reeves and Cheryl Ann Reeves, husband and wife, of Smoot, 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 Gary L. Hedges and Linda S. Hedges, husband and wife, of 692 Lincoln County Road No. 12 -149, Smoot, WY 83126, and Logan E. Hedges and Kresta K. Hedges, husband and wife, of PO Box 625, Smoot, WY 83126, grantees, the following described non exclusive, perpetual right -of -way easement for the following purposes: 1. Purpose of Easement. This easement is for the purpose of providing a perpetual non exclusive right -of -way easement for ingress and egress and all underground utilities to the property described in Paragraph 3 including the right to install, construct, reconstruct, repair, replace and maintain a roadway and all underground utilities, and including the right to inspect the easement. However, this Easement is not for the purpose of providing or creating a public right of way or access to any public lands. 2. Conditions of this Easement. The conditions of this easement are: a. Grantees shall not fence the roadway without Grantors' prior, written consent. b. Grantees shall be responsible for and pay all costs of constructing and maintaining any and all improvements on the easement. c. Any and all utilities installed in the easement by Grantees shall be underground. d. Grantees shall hold Grantors harmless from any liability, injury, damage or claim by any person whomsoever using or traveling upon the easement, whether or not such use is with or without the permission, consent or knowledge of the Grantees; excepting, however, any such claim arising from the use of the easement by the Grantors or by persons using the roadway with the express permission of the Grantors. RECEIVED 3/9/2012 at 11:14 AM RECEIVING 963585 BOOK: 782 PAGE: 631 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 3. Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: Gary L. and Linda S. Hedges Real Property The Northeast Quarter, Southwest Quarter of Section 6, Township 30 North, Range 118 West of the fith P.M., Lincoln County, Wyoming. EXCEPTING THE FOLLOWING DESCRIBED LAND: Beginning at a point which is North 1928 feet and West 1020 feet from the South Quarter corner of. Section 6, Township 30 North, Range 118 West of the fith P.M., Lincoln County, Wyoming and running thence North 3 °25' East, 145 feet; thence North 89 °50' West, 269 feet; thence North 85 °55' West, 64 feet; thence North 40° 40' West, 732 feet; thence North 90 °0' West,-103 feet; thence South 40 °30' East, 901 feet; thence South 85 °15' East, 22 feet; thence South 85 °15' East, 238 feet.to- the point of beginning. 2.3 ACRES more or less. EXCEPTING ALSO THE FOLLOWING: COMMENCING at the Southwest Corner of said Section 6, Township 30 North, Rang( 118 West, of the 6th P.M., Lincoln County, Wyoming; thence North 00 °02'04" West, 1,636.91 feet along the west Iine of said Section 6; thence North 90 °00'00" East, 1,754.43 feet to the POINT OF BEGINNING; thence North 11°43'43" East, 296.67 feet; thence South 78 °16'17" East, 293.66 feet; thence South 11 °43'43" West, 296.67 feet; thence North 78 °16'17" West, 293.66 feet to the point of beginning. EXCEPTING THEREFROM the Logan E. and Kresta K. Hedges real property more particularly described immediately below. Logan E. and Kresta K. Hedges Real Property A portion of the Deed recorded with Document No. 672452, in Book 251 PR, on Page 189, with the Office of the Clerk of Lincoln County, Wyoming, within the NE1 /4SW1/4 of Section 6, T3ON, R118W, of the 6th P.M., Lincoln County, Wyoming, the boundary and encumbrances being more particularly described on Exhibit A attached and incorporated herein by this reference. 4. Description of Easement. The easement is described as follows: A triangular strip of land for ingress, egress and utilities over, under and across the SE1 /4SW1/4 of Section 6, T3ON, R118W, Lincoln County, Wyoming, more particularly described on the attached "Description for Gary L. Hedges and Linda S. Hedges Hedges Easement" attached and incorporated herein by this reference. 2 00632 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. 2012. IN WITNESS WHEREOF, we have hereunto set our hands as of the 7th day of March, STATE OF WYOMING COUNTY OF LINCOLN ss. Witness my hand and official seal. GERALD L. GOULDING NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires May 2, 2015 My commission expires: May 2, 2015. 3 C yne E. Reeves 00633 The foregoing Easement was acknowledged before me by Clayne E. Reeves and Cheryl Ann Reeves, husband and wife, this 14 day of March, 2012. NOTARY PUBLIC EXHIBIT A Description: Logan Hedges Family Exemption A portion of the Deed recorded with Document No. 672452, in Book 251PR, on Page 189, with the Office of the Clerk of Lincoln County, Wyoming, within the NE1 /4SW1 /4 of Section 6, T30N, R11BW, of the 6th P.M., Lincoln County, Wyoming, the boundary and encumbrances being more particularly described as follows: 000783 BEGINNING at a Point in the North line of the SE1 /4SW1 /4 of said Section 6, said Point of Beginning being 177.03 feet N89 32'16 "W, along said North line from the Crume LS 4267, 1987 location for the Northeast Corner of the SE1 /4SW1 /4 of said Section 6; thence N89 32'16 "W, along said North line, 350.16 feet, said Point being 785.64 feet S89 32'16 "E, along said North line, from the Marlowe A. Scherbel PLS 5368, 2006 location for the Northwest Corner of said SE1 /4SW1 /4 of said Section 6; thence N10 13'08 "W 236.29 feet; thence N89 49'22 "E 393.98 feet; thence S0 27'44 "W 236.59 feet, to the Point of Beginning, Encompassing 2.00± Acres of land. GRANTING and RESERVING: A 60.00 feet wide Right -of -Way Easement for Ingress, Egress and utilities, being 30.00 feet either side of the Center Line being more particularly described as follows: BEGINNING at a Point in the West line of the above described property, said Point of Beginning being 30.53 feet N10 13'08 "W, along said West line, from the Southwest corner thereof; thence N89 32'16 "W, parallel with said North line of said SE1 /4SW1 /4 of said Section 6, 103.32 feet to a Point in the Center line of Reeves Schwab County Road 12 -149 Amended, as delineated on the Plat recorded with receiving No. 954282, Map No. 12 -149 Amended, with the offset lines being Shortened or lengthened to terminate at said West line and the Easterly Right -of -Way line of said Reeves Schwab County Road 12 -149 Amended. TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions, Restrictions, Reservations, Rights -of -Way, Improvements, including but not limited to Conditions of sight and or record. 00634 Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 I daho Registration No. 3990 Nevada Re9o011ion No.6805 SCO1T 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 Registra0on No. 13093 CFEDS No. 1223 Surveyor Scherbel. LTD. Alton, Wyoming Big Piney. Wyoming Jadrson. Wyoming Lava Hot Springs. Idaho Montpelier. Idaho DESCRIPTION FOR GARY L. HEDGES AND LINDA S. HEDGES HEDGES EASEMENT To -wit: 00635 A triangular strip of land for ingress, egress and utilities over, under and across the SE1/4SW1/4 of Section 6, T3ON R118W, Lincoln County, Wyoming, described as follows: BEGINNING at a point on the north line of said SE1/4SW1/4, S89 45' -56 "W, 491.58 feet, from the northeast corner thereof; thence S26 35' -44 "E, 68.96 feet, to a point on the northerly right -of -way line of Reeves Schwab County Road No. 12 -149; thence N59 05' -29 "W, 21.41 feet, along said right -of -way line, to a rebar; thence N52 36' -49 "W, 83.08 feet, along said right -of -way line, to a point on said north line; thence N89 45' -56 "W, 53.51 feet, along said north line, to the POINT OF BEGINNING; the BASE BEARING for this survey is the north line of the SE1/4SW1/4 of Section 6, T3ON R118W, being N89 45' -56 "E; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across the above described easement 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; each "rebar" marked by a 5/8" steel reinforcing rod with 2" aluminum cap inscribed, "ROSS M. TURNER PE /LS 3514 with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "RICHARDS RANCH A SUBDIVISION WITHIN THE SE1 /4SW1/4 SECTION 6 NE1 /4NW1/4 SECTION 7 T3ON R118W LINCOLN COUNTY, WYOMING dated 25 Ja uy,?(1 -1 revised. e 11310 2 March 2012 REV 24 February 2012 RE .14 February 2012 "Modification in any way of the foregoing description terminates liability of the surveyor"