HomeMy WebLinkAbout963684AGREEMENT TO ESTABLISH BOUNDARY LINE
AND
QUITCLAIM DEED
This agreement is entered into on the day of 4Z 2011, by
Timothy J Bommer (Bommer) and David C. Hansen (Hansen), iand on behalf
of Black Mountain RanchTM, P.O. Box 5186, Etna, Wyoming 83118, a Wyoming joint
venture, formerly known as Hobo Ventures (Black Mountain) and Adam D. West and
Valetta A. West, husband and wife, P.O. Box 5003, Etna, WY 83118 (Wests).
1. RECITALS:
A. Bommer and Hansen own certain real property located in Lincoln County,
Wyoming, located in Section 27, Township 36 North, Range 119 West, (Black Mountain
Property).
B. The Wests own certain real property located in Lincoln County, Wyoming,
located in Section 27, Township 36 North, Range 119 West, (West Property).
C. The Black Mountain Property and the West Property share a common
boundary, which is a portion of the north boundary of the Black Mountain Property, and
the south boundary of the West Property. There is a common fence separating the
properties. The parties and /or their predecessors have for a number of years treated
the fence as their mutual boundary, without respect to where the actual surveyed
boundary of the Property owned by the parties may be located. The purpose of this
Agreement is to permanently fix a common boundary line between the Black Mountain
Property and the West Property. The parties execute this agreement to carry out that
purpose and to avoid litigation to quiet title to any of the described property.
2. ESTABLISHMENT OF PERMANENT FIXED BOUNDARY:
In consideration of the mutual covenants and conditions set forth in this
agreement; a separate Letter Agreement signed by the parties, which is incorporated
herein by reference; the sum of $10.00 (Ten dollars), and; other good and valuable
consideration paid or provided to Bommer and Hansen by the Wests, and intending to
permanently fix the common boundary line between the Black Mountain Property and
RECEIVED 3/16/2012 at 9:44 AM
RECEIVING 963684
BOOK: 783 PAGE: 148
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
001.48
the West Property, the parties agree that the common boundary shall be the fence line
more specifically referred to and described in Exhibit "A," annexed hereto. The boundary
established herein shall be a permanent, fixed boundary between the respective lands.
The parties agree that this agreement shall be recorded in the office of the County Clerk
of Lincoln County, Wyoming, and that the benefits and burdens of this Agreement shall
inure to and be binding upon the parties, their respective heirs, successors, and the
assigns or eventual fee simple title owner of any portion or portions of the Black
Mountain Property or the West Property.
3. QUITCLAIM:
As a further consequence of the consideration described above, Bommer and
Hansen, individually and on behalf of Black Mountain, do hereby convey to the Wests
any and all right, title and interest which it or they may have in and to any portion of the
real property located north of the boundary line established by this Agreement, and
the Wests do hereby convey to Bommer and Hansen any and all right, title and interest
which they may have in and to any portion of the real property located south of the
boundary line established by this Agreement.
4. PIPELINE EASEMENT:
Each party grants to the other an easement for the use, operation, maintenance,
repair and replacement of the underground irrigation line or pipeline, which is located
immediately north of the fence line (common boundary). The easement is 1(one) rod or
16.5' (sixteen and one half feet) in width on each side of the irrigation line. The
easement granted herein is subject to and in addition to all other easements regarding
the underground irrigation line. Neither party nor any successors in interest to the
property described in Exhibit "A" shall do or cause anything to interfere with the use of
and access to the easement.
5. ADDITIONAL DOCUMENTS:
In the event that any additional document(s) are necessary to permanently fix
the boundary describe herein, each party agrees to execute such document(s).
2
kJ 0149
6. CONSTRUCTION AND BINDING EFFECT:
This agreement shall be effective on the year and day set forth above, shall be
construed according to the law of the State of Wyoming, and shall be binding upon the
parties, their heirs, successors and assigns in ownership of the Black Mountain Property
and West Property.
Adam D. West
Valetta A. West
3
caz NVet4aCP
Timothy J Bommer, individually and as partner of
Black Mountain Ranch, a Wyoming joint venture
avid C. Hansen, in vidually and as partner of
Black Mountain Ranch, a Wyoming joint venture
00150
STATE OF WYOMING
COUNTY OF LINCOLN
ss.
The foregoing Agreement to Establish Boundary Line and Quitclaim Dpd was
ackn wledged before me by Adam D. West and Valetta A. West before me this N�. day of
PtAt 2011.
Buc
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
AU
Suit fi. ORIFFIN '10%0
Y WYOMIN
LINCOLN Wall
STATE OF WYOMING
ss.
A
COUNTY OF
My commission expires: 10 _`(,I t
d official seal.
My commission expires: 1
1
nd and official seal.
My commission expires: 1.0-6-1(
ACKNOWLEDGMENTS
4
Notary Public
The foregoing Agreement to Establish Boundary Line and Quitclaim Deed was
acknowledged before me by Timothy J Bommer, individually and on behalf of Black Mountain
Ranch, before me this Is+' day ofry 2011.
Cm
Notary Public
The foregoing Agreement to Establish Boundary Line and Quitclaim Deed was
acknowledged before me David C. Hans�e individually a on behalf of Black Mountain
Ranch, before me this ay of e� A�1/t 2011.
d official seal.
00151
Paul N. Scheibe'
Registered Land Surveyor No. 164
Scott A. Scheibe+
Registered Laid SurveyorNo.38O
Marlowe A. Scherbel
Registered Land Surveyor No. 5366
SURVEYOR SCHERBEL lTO.
Big Piney. Wyoming 63113
Jackson, Wyoming 53001
Afton. Wyoming a3110
To- wit:
That part of the S1 /2 of Section 27 and the N1/2 of Section 34 of
T36N, R119W, Lincoln County, Wyoming, described as follows:
BEGINNING at a point at a fence corner, S44 34.1'W, 1883.77 feet
from the northeast corner of said S1 /2 found as described in the
Certified Land Corner Recordation Certificate filed in the Office
of the Clerk of Lincoln County;
thence S00 25.1'W, 1305.45 feet along a fence line to an
intersection with the south line of said Section 27, S89 53.5'W,
1331.59 feet from the southeast corner of said Section 27;
thence continuing S00 25.1'W, 16.87 feet along said fence line
to a point on an underground pipeline;
thence S89 32.3'W, 2754.33 feet along said underground pipeline
to a spike in the center -line of the Roberts Wolfley County Road
No. 12 -109;
thence northerly along said center -line as follows:
thence NO1 41.9'W, 33.88 feet to an intersection with the said
south line of Section 27;
thence continuing NO1 41.9'W, 710.47 feet to a spike at the
beginning of a tangent circular curve to the right;
thence northerly, 389.30 feet along the arc of said curve,
through a central angle of 19 45.5', having a radius of 1128.89
feet, to a spike;
thence N18 03.6'E, 124.30 feet to a spike at the beginning of a
tangent circular curve to the left;
thence northerly, 88.31 feet along the arc of said curve, through
a central angle of 08 15.2', having a radius of 613.03 feet, to
a spike, and leave said center -line;
thence N89 43.0'E, 2671.09 feet along a fence line to the POINT
OF BEGINNING;
ENCOMPASSING an area of 83.95 acres, more or less;
the "points" and "spikes" (monuments) called for in the
description take precedence over the calls for the fence lines
and the pipeline in determining the actual boundaries of the
tract herein described;
this survey included a faithful retracement of the said County
Road; should the center -line of the said County Road be shown to
be in a different location than called for herein, then the
center -line of the said County Road shall be the west boundary
line of the above described tract and the monuments called for
herein shall rule for the direction of the north and south lines
of the tract;.
"point" indicates a 5/8" x 24" steel reinforcing rod with a 2"
aluminum cap inscribed: "SURVEYOR SCHERBEL LTD. BIG PINEY, WY
PLS 3889 and other appropriate details, set this survey;
"spike" indicates a 3/8" x 12" steel spike set this survey;
the section lines as described herein are those established by
Surveyor Scherbel, Ltd. during a survey performed at the request
of the Wyoming Game and Fish Department during 1990 and 1991 as
shown on the plats of said survey to be filed in the said Office;
all in accordance with the plat to be filed in the Office of the
Clerk of Lincoln County titled: "PLAT OF SURVEY FOR C. REID
SANDERSON OF TRACT IN S1 /2 SECTION 27 N1/2 SECTION 34 T36N R119W
LINCOLN COUNTY, WYOMING.
28 March 1991
\des \bommer ephd
0®1.52