HomeMy WebLinkAbout963607NON EXCLUSIVE PRIVATE ROAD EASEMENT
00721
GERALDINE A. KRALL, TRUSTEE OF THE GERALDINE A. KRALL TRUST DATED
OCTOBER 6, 2008, P.O. Box 85, Kemmerer, Wyoming 83101, Grantor, for and in consideration of ten
dollars ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby
acknowledged, grants and conveys to 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
.0. Box 44, Diamondville, Wyoming 83116, 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 Grantor so Grantee
and their successors and assigns have access to the property described in Paragraph 3 below.
r-
z XI
2. CONDITIONS OF EASEMENT. The conditions of this easement are:
W
O O X M
Z 0 n a. The access provided by this easement is a non- exclusive private right -of -way for
p 0 m the use of Grantee and their agents only and is not for the use of the general public. Grantee shall
e 00 0 not have the right to enter into any agreement with third parties relative to the use of said road
Z Z without the prior written consent of Grantor which may be withheld with or without cause.
z it
0 rn o
Y N b. Grantor reserves the right to use the road and easement without charge.
Z rn C c. This easement is a non exclusive easement. Grantor specifically reserves and
C M 'V o retains for herself and her successors and assigns the right to enter into agreements to allow others
C N to use the Road without compensation to Grantee.
m D
rnn 3. PROPERTY BENEFITED BY EASEMENT. This easement is for the benefit of the
following described real property of the Grantee:
That portion of the property that was conveyed to Carl A. Annala and Jean Marie Annala in the
Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on August 18, 1971 in
Book 95 PR at Pages 132 and 133 as Instrument No. 432813 (copy attached) that lies south of the Oregon
Short Line Railroad Company right -of -way, said railroad right -of -way being that which was conveyed by
Carl A. Annala and Jean Marie Annala to the Oregon Short Line Railroad Company in the Warranty Deed
that was recorded in the land records of Lincoln County, Wyoming on June 9, 1977 in Book 136 PR at
Pages 616 through 619 as Instrument No. 494238 (copy attached), said property portion comprising
approximately 5.68 acres.
4. DESCRIPTION OF EASEMENT. An access road easement for egress and ingress
across a portion of the SW1 /4SE1 /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" and an extension thereof needed to connect said Road to Annala's property as
described in the easement. Said easement being that area described in the attached property description
that was prepared by Crank Companies, Inc. and titled "Krall to Annala Access Road Easement (South of
Railroad Tracks)
NON EXCLUSIVE PRIVATE ROAD EASEMENT
KRALL, TRUSTEE TO ANNALA, SUCCESSOR TRUSTEE ANNALA, TRUSTEE
PAGE 1 OF2
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.
7. RAILROAD CROSSINGS. Each party shall be responsible for any railroad crossing permits
that may be necessary to facilitate their valid access along the road. Each party shall hold the other parties
harmless for the failure of any party to obtain such a permit.
8. CONSTRUCTION AND MAINTENANCE OF EXTENSION FROM WILLOWOOD
ROAD. Grantees shall solely be responsible for the construction and maintenance of that portion of the easement
that connects Willowood Road to Grantees' property. If Grantees improve said road portion by placing fill within
the easement, Grantees shall install not less than two (2) culverts to allow Grantor to continue to flood irrigate that
portion of Grantor's property that lies south of said easement portion.
9. GATE OR CATTLE GUARD FOR ANIMALS. Grantees shall install and maintain a gate or
cattle guard on the common boundary between Grantor's and Grantees' properties where the easement connects to
Grantees' property if Grantees maintain any animals on Grantees' property.
WITNESS my hand this day of March, 2012.
STATE OF WYOMING
SS.
COUNTY OF LINCOLN)
The foregoing easement was acknowledged before me by GERALDINE A. KRALL, TRUSTEE
OF TIEIE GERALDINE A. KRALL TRUST DATED OCTOBER 6, 2008, this day of March, 2012.
Witness my hand and official seal.
Jenny
county of
R Lincoln
My C.
My Commission expires:
;titre of
A /4oining
GERALDINE A. KRALL TRUST
DATED OCTOBER 6, 2008
BY: f
GER'ALDINE A. KRALL
Trustee of the Geraldine A. Krall Trust
Dated October 6, 2008
4
NOTARY PUBLIC
i t
NON EXCLUSIVE PRIVATE ROAD EASEMENT
KRALL, TRUSTEE TO ANNALA, SUCCESSOR TRUSTEE ANNALA, TRUSTEE
PAGE 2 OF 2
Th
00 '722
e en
17 1 Gr fora ford iu copsiderat ion o f TEN D
'181 other values i iemd ,paid ;receip whe eof
21! G of LhLco :n County and State of fomiug, the :following
:231 I described real`es'tate, situate in Lincoln County; and St o,f>
i
:241; hereb releasing n waivixig alt rights un'de and` by
25
26 i.
27.1
44
49 l
30
":3111
virtue ;of the 110*estead exemption Paws .of: the St to-. wito
00723
00724
00726
w� -sous ea era�rs °1 y1'.sii e 1
d e t8o 44 p 20 t Cg
ange 115:'
n ci a Me�ridt in' 1.inc vnty,
an c
the�out naes t ,the present no rtherl y
x g ht ,of wa line of the Ore gon Short lte Railroad G
which right of wa l ine yi fs.para11e'1 with; aid. y00.0 f eet diu
taint nor` the aste�i: l y, aie�asured at right „angles, from t he
cent erline o£ main track of sai Railro&1.Gg*Oany, as
stru ct�ed a operated in t he yea r 1975,, bounded on the s
by th east— wcst�, centerli of th e SF. of sa4.d Section' 4
boutyded on the east by the n o rth ;south ceaterl'ine o s ai d
sSE o Sect?.on 4, bounded o n th northeast byy a line that
is parailel. with and 200. feet distant
measured radially, ;fropn .tl hereinaf de c e n ter»
liner of;0.propo4ed re located main t rack," and bound on the
*irtwest by a str lin drawn at a 'les or
ra dira?l ly to said'. hereinafter describ center at the
True Paint oi="'Beginnng th ere o f,
Th
e-two t rac ts ?of land; above: des toge
contain a •t otal "area; o 23.27 acres, :m or: less.
00727
00728
KraII To Annala Access Road Easement
(South of Railroad Tracks)
An easement in the SW'''/ SE' of Section 4 of the resurvey of T.20N., R.116W., 6 P.M., Lincoln County, Wyoming.
Said easement being for the use and benefit of Grantee's property in the SE'''A SE' of said Section 4.
Commencing at the common'' corner of Sections 4 and 9 of the resurvey of T.20N., R.116W. of the 6th P.M.,
Lincoln County, Wyoming where is found a standard U.S.G.L.O. brass cap; thence S 89 °55'12 "E, 1309.54 feet to the
common S -E 1/16 corner of said Sections 4 and 9 from which a Witness Corner of said common 1/16 corner bears
S89 °55'12 "E, 49.65 feet;
Thence N 0 °00'59 "W along the west boundary line of the SE 1/4 SE of said Section 4, 137.86 feet to the Point of
Beginning of this description;
Thence S 89 °58'07 "W, 304.80 feet to the PC of a curve to the right;
Thence 214.92 feet along the arc of said curve to the right. Said curve to the right having a radius of 90.00 feet, a
central angle of 136 °49'24" and a chord of 167.37 feet which bears N 21 °37'14 "W.
Thence N 47 °13'02 "E, 323.79 feet to the PC of a curve to the left.
Thence 146.44 feet along the arc of said curve to the left. Said curve to the left having a radius of 110.00 feet, a
central angle of 76 °16'29" and a chord of 135.86 feet which bears N 9 °04'48 "E.
Thence N 29 °03'27 "W, 209.49 feet;
Thence N 61 °49'31 "E, 10.77 feet to a point on a curve to the left of the southerly right of way boundary of the
Oregon Short Line Railroad.
Thence 256.4 feet along the arc of said curve to the left of said railroad right of way boundary to a point on a non
tangential curve to the right. Said curve to the left having a radius of 1532.4 feet, a central angel of 9 °35' and a
chord of 256.1 feet which bears S 34 °01'E;
Thence leaving said southerly right of way boundary of said railroad 153.41 feet along the arc of said curve to the
right to the PT of said curve. Said curve to the right having a radius of 150.00 feet, a central angle of 58 °35'51" and
a chord of 146.81 feet which bears 5 17 °55'06 "W;
Thence S 47 °13'02 "W, 323.79 feet to the PC of a curve to the left.
Thence 119.10 feet along the arc of said curve to the left to a point. Said curve to the left having a radius of 50.00
feet, a central angle of 136 °28'37" and a chord of 92.87 feet which bears S 21 °47'30 "E.
Thence N 89 °58'07 "E, 304.81 feet to a point on the west boundary line of the SE SE of said Section 4 from
which the SE 1/16 corner of said section 4 bears N 00 00'59 "W, 1142.75 feet where is found a standard U.S.G.L.O.
brass cap;
Thence S 0 °00'59 "E, along said west boundary line of the SE SE 40.00 feet to the point of beginning.
Said easement containing 0.96 acres more or less.
Y: \4599 Jerry Krall \Correspondence \Kral) To Annala Access Road Easement alt.dOCX
MILLER
BK 752
PG 863
EXISTING
GRAVEL ROAD
KRALL
BK 709
PG 98
SwY4, SEY
S e +3511 e
ANNALA
OK 95
PG 132
ACCESS fuz s v
EASEMENT
C 'OGV
APPROX.
HAMS FORK RIVER
ef; 6
ANNALA PARCEL
EXISTING BRIDGE 4754 7.. S. OF R.R.
X568 ACRES
Rev. 2-10-12 correct
come US HWY 30
1400
k cow
NOTE, ACCESS EASEMENT 1
GENERALLY 40' WIFE EXCEIY NEXT
TO R.R. ROM.
400 800
Scale:
0
400'
WC TO
S-4 COR
S esys
A%9
NEW ACCESS
EASEMENT
Sec 9
NOTE: SASES OF SEARING S. OF RAIL ROAD IS
LINE BE[WEEN NE COR, SEC, 9 AND
YA COR. SEC_ 9 AND 10, ANO BEING
S 0002'00' w
SKETCH DE
ALTERNATIVE KRALL TO ANNALA EASEMENT
SW 1/4, SE 1/4, SEC 4, RESURVEY OF T. 20 N., R. 116 W., 6TH P.M.
LINCOLN COUNTY, WYOMING
BC
9 10
16
a
a
0 3 0
SHEET
2B
pF
2