Loading...
HomeMy WebLinkAbout963606RECEIVED 3/12/2012 at 10:58 AM RECEIVING 963606 BOOK: 782 PAGE: 718 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY NON EXCLUSIVE PRIVATE ROAD EASEMENT 00718 JEAN MARIE ANNALA, SUCCESSOR TRUSTEE OF THE CARL A. ANNALA LIVING TRUST, DATED SEPTEMBER 4,1996 and JEAN MARIE ANNALA, TRUSTEE OF THE JEAN MARIE ANNALA LIVING TRUST, DATED SEPTEMBER 4, 1996, P .O. Box 44, Diamondville, Wyoming 83116, Grantors, 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 GERALDINE A. KRALL, TRUSTEE OF THE GERALD/NE A, KRALL TRUST DATER OCTOBER 6, 2008, P.O. Box 85, Kemmerer, Wyoming 83101, Grantee, the following described, non- exclusive, perpetual right -of -way easement for the following purposes and under the following conditions: 1. PURPOSE OF EASEMENT. This easement is for the purpose of providing a non- exclusive perpetual right -of -way easement thirty feet (30') in width and as described in Paragraph 4, for only an access road easement that allows egress and ingress across lands owned by Grantors so Grantee and her successors and assigns have access to the property described in Paragraph 3 below. 2. CONDITIONS OF EASEMENT. The conditions of this easement are: a. The access provided by this easement is a non exclusive private right -of -way for the use of Grantee and her agents only and is not for the use of the general public. Grantee shall not have the right to enter into any agreement with third parties relative to the use of said road without the prior written consent of Grantors which may be withheld with or without cause. b. Grantors reserve the right to use the road and easement without charge. c. This easement is a non exclusive easement. Grantors specifically reserve and retain for themselves and their heirs, successors and assigns the right to enter into agreements to allow others to use the Road without compensation to Grantee. 3. PROPERTY BENEFITED BY EASEMENT. This easement is for the benefit of the following described real property of the Grantee: Township 20 North, Range 116 'Jest. of the 6th P.M., Lincon County, Wyoming: Section 4: SW1 /4SL1/4 Section 10: NW1 /4 Together with all improvements ar:d appurtenances thereon situate or in any wise appertaining thereto. Subject, however, to all reservations, restrictions, exceptions, easemen.ts and rights-of- way of record. Excepting therefrom the real property described in the Warranty Deed that was recoiled NON -EXCL1 S1VE PRIVATE ROAD EASEMENT ANNA LA, SUCCESSOR TRUSTEE ANNALA, TRUSTEE TO ERALJ,, TRUSTEE PAGE 1 OF 3 in the land records of Lincoln County, Wyoming on June 9, 1977 in Book 136 PR at Pages 624 through 626 as Instrument No. 494240, said property being described therein as follows: An irregular shaped tract of land being all that portion of the SW1 /4SE1 /4 of Section 4, Township 20 North, Range 116 West of the 6th Principal meridian in Lincoln County, Wyoming, lying northeasterly of the present northeasterly right of way line of the Oregon Short Line Railroad Company, which right of way line is parallel with and 100.0 feet distant northeasterly, measured at right angles or radically, from the center line of the main track of said Railroad Company, as constructed and operated in the year 1975. 4. DESCRIPTION OF EASEMENT. An access road easement for egress and ingress across a portion of the N1 /2SE1 /4 of Section 4 of the resurvey of Township 20 North, Range 116 West, of the 6th P.M., Lincoln County, Wyoming. Said easement being along an existing graded road known as "Willowood Road Said easement being thirty feet (30') in width, fifteen feet (15') on each side the following described centerline. The offset and parallel boundary lines extending to and truncating at the south right of way boundary of U.S. Highway 30 and the north boundary line of that particular parcel of land conveyed from Carl A. Annala and Jean Marie Annala by Warranty Deed to the Oregon Short Line Railroad as described and recorded in Book 136 on Page 616 on file in the Lincoln County Clerk's Office (said parcel herein after referred to as the "Oregon Short Line Railroad Parcel Commencing at corner number 2 of Tract 37 of the resurvey of T.21N., R.116W., 6th P.M., Lincoln County, Wyoming where is found a standard U.S.G.L.O. brass cap; thence N89 °49'53 "E, 636.63 feet to the NE corner of Sec. 4 of the resurvey of T.20.N., R116W., 6th P.M., Lincoln County, Wyoming where is found a standard U.S.G.L.O. brass cap; thence S38 °09'42 "W, 1520.5 feet more or less to the Point of Beginning. Said point of beginning being a point on a curve on the south right of way boundary of U.S. Highway 30. Thence S24 °17'44 "W, 74.28 feet; Thence S28 °26'31 "W, 180.19 feet; Thence S21 °48'58 "W, 766.21 feet; Thence S18°21'02"W, 78.4 feet more or less to the point of terminus. Said point being a point on a curve on the north boundary line of the Oregon Short Line Railroad Parcel. Said point being S31 °44'13 "W, 2595.5 feet more or less from the NE corner of said Section 4. Said easement being 1099.1 feet in length more or less. Containing an area of land of 1.18 acres, more or less. NON EXCLUSIVE PRIVATE ROAD EASEMENT ANNALA, SUCCESSOR TRUSTEE ANNALA, TRUSTEE TO KRALL, TRUSTEE PAGE 2 OF 3 00719 5. CONSIDERATION. The consideration set forth above, an easement executed concurrently with this easement and a road maintenance agreement constitute full and final payment for the easement and right of way granted. 6. 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. WITNESS our hands this 5 day of March, 2012. STATE OF WYOMING COUNTY OF LINCOLN SS. Witness my hand and official seal. My Commission expires: 3r00/3 CARL A. ANNALA LIVING TRUST DATED SEPTEMBER 4,1996 BY: E N -MARIE ANNALA Successor Trustee of the Carl A. Armala Living Trust Dated September 4. 1996 JEAN MARIE ANNALA LIVING TRUST DATED SEPTEMBER 4, 1996 BY: SE -MARIE ANNALA Trustee of the Jean Marie Annala Living Trust Dated September 4, 1996 NOTARY PUBLIC NON EXCLUSIVE PRIVATE ROAD EASE1'IENT ANNALA, SUCCESSOR TRUSTEE ANNALA, TRUSTEE TO KRALL, TRUSTEE PAGE 3 OF 3 .MY CR `Ei1SSION EXPIRES 00720 The foregoing easement was acknowledged before me by JEAN MARIE ANNALA, SUCCESSOR TRUSTEE OF THE CARL A. ANNALA LIVING TRUST, DATED SEPTEMBER 4, 1996 and JEAN MARIE ANNALA, TRUSTEE OF THE JEAN MARIE ANNALA LIVING TRUST, DATED SEPTEMBER 4, 1996, this 11 day of March, 2012. E A A HAL SE4 PZTAAY Nide =OM OF IS CO U STMT. Of