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SEWER LINE EASEMENT AGREEMENT
THIS SEWER LINE EASEMENT AGREEMENT is made effective as of the 284h
day of June, 2012, by and between DON AULLMAN, TRUSTEE of the Don Aullman Family
Trust dated January 1, 2007, P.O. Box 296, Thayne, Wyoming 83127, and BB RIVERSIDE,
LLC, a Wyoming limited liability company, P.O. Box 800, Thayne, Wyoming 83127,
GRANTORS, and the TOWN OF THAYNE, WYOMING, a political subdivision of the State
of Wyoming, P.O. Box 298, Thayne, Wyoming 83127, GRANTEE.
j Grantors and Grantee recite and declare:
RECITALS
A. That the burdened property is located in Thayne, Lincoln County, State of
Wyoming, and is described more particularly as follow:
That real property described in the Quitclaim Deed that was recorded in
the land records of Lincoln County, Wyoming on January 29, 2007 in Book 647
at Pages 353 through 356 as Receiving No. 926368, a copy of which is attached
hereto.
That real property described in the Quitclaim Deed that was recorded in
the land records of Lincoln County, Wyoming on February 10, 2011 in book 762
at Pages 300 and 301 as Receiving No. 958022, a copy of which is attached
hereto.
B. That the benefited property is the adjacent sewer lines of the Town of
Thayne and the Town of Thayne's sewer system.
Grantors and Grantee agree as follows:
DECLARATION OF EASEMENT
Grantors, for themselves and their heirs and/or successors and assigns, hereby grant and
convey a perpetual non exclusive easement for sewer lines to the Town of Thayne to serve the
properties described in Paragraph A and to all other properties as the Town of Thayne deems
necessary, hereby burdening the properties described in Paragraph A, the perpetual non-
exclusive easement being more particularly described as follows:
That right -of -way described in property description entitled "Description: Town
of Thayne Sewer Easement which is attached hereto.
SEWER LINE EASEMENT AGREEMENT
AULLMAN, TRUSTEE ET AL. TOWN OF THAYNE
PAGE 1 OF 5
CONSIDERATION
Grantors hereby acknowledges receipt of consideration for this easement, including the
sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, and the benefits to be conferred on
Grantors' properties.
USE OF EASEMENT
The rights, benefits, privileges, and easements granted herein are for the purpose of the
use, replacement, reconstruction, maintenance and repair, and the non exclusive use and
enjoyment of, an underground sewer line and all appurtenant facilities to transport sewage
together with the right to perform such excavation, grading, and general earth disturbing
activities necessary or incidental thereto, and together with all rights, members and
appurtenances to said easement and right of way in any way appertaining or belonging. The
easement granted herein shall include all rights, benefits, privileges, and easements necessary or
convenient for the full enjoyment and use of the easement for the purposes described herein and
shall include the necessary easements and rights for ingress and egress over the easement and the
right to cut away and keep clear, remove and dispose of all trees and to remove and dispose of all
obstructions on the easement which removal is necessary for the Grantee's use of the easement;
provided, however, that the Grantee shall restore the surface area and all permitted landscaping,
paving and other permitted improvements to the same condition as existed before such
disturbance of the surface area. Grantors shall have use of the easement, provided, that such use
shall not interfere with the Grantee's use of the easement; such use by Grantors shall subject to
the terms and limitations of this Agreement.
EASEMENT TO RUN WITH LAND
The easement shall run with the lands identified herein and shall be binding on and shall
inure to the benefit of Grantors and Grantee, and their heirs and /or successors and assigns.
GOVERNING LAW
ENTIRE AGREEMENT
MODIFICATION OF AGREEMENT
SEWER LINE EASEMENT AGREEMENT
AULLMAN, TRUSTEE ET AL. TOWN OF THAYNE
PAGE 2 OF 5
00728
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of Wyoming.
This Agreement constitutes the entire agreement between Grantors and Grantee, and any
prior understandings or representations of any kind preceding the date of this Agreement shall
not be binding upon either party except to the extent incorporated into this Agreement.
Any modification of this Agreement or any additional obligations assumed by either
party in connection with this Agreement shall be binding only if evidenced in writing signed by
each party or an authorized representative of each party.
NO WAIVER
The failure of either party to this Agreement to insist upon the performance of any of the
terms and conditions of this Agreement, or the waiver of any breach of any of the terms and
conditions of this Agreement, shall not be construed as thereafter waiving any such terms and
conditions, and the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
WAIVER OF HOMESTEAD RIGHTS
00729
Grantors and Grantee hereby waive and release all rights to the easement under and by
virtue of the homestead exemption laws of the State of Wyoming.
IN WITNESS WHEREOF, Grantors and Grantee have caused this Agreement to be
executed on the date indicated below.
GRANTORS:
WITNESS my hand and official seal.
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me this 21 day of June, 2012, by Don Aullman,
acting as Trustee of the Don Aullman Family Trust dated January 1, 2007 pursuant to
authority provided to him in said Trust.
M KEVIN VOYLES NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires: July 16, 2015
My Commission expires: 07 /4(
DON AULLMAN, TRUS
of the Don Aullman Family Trust dated January 1, 2007
SEWER LINE EASEMENT AGREEMENT
AULLMAN, TRUSTEE ET AL. TOWN OF THAYNE
PAGE 3 OF 5
M KEVIN VOYLES NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires: July 16, 2015
BY:
ATTEST:
BB RIVERSIDE, LLC,
a Wyoming limited liability company
BY:
LUKE D. BROG, MAN
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me this 2644` day of June, 2012, by Luke D. Brog,
acting as Manager of BB Riverside, LLC, a Wyoming limited liability company, who
acknowledged further that he signed the foregoing instrument for said Company pursuant
to authority provided to him by said Company's Board of Members.
WITNESS my hand and official seal.
My Commission expires: 07)16 //1
GRANTEE:
TOWN OF THAYNE, WYOMING,
a political subdivision of the State of Wyoming
ROBER E. KING, MAYOR
SEWER LINE EASEMENT AGREEMENT
AULLMAN, TRUSTEE ET AL. TOWN OF THAYNE
PAGE 4 OF 5
00730
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me this 284.1,1 day of June, 2012, by Robert E.
King, who acknowledged further that he signed the foregoing instrument as Mayor of the
Town of Thayne, Wyoming pursuant to authority provided to him by the Town Council.
WITNESS my hand and official seal.
M KEVIN VOYLES NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires: July 16, 2015
My Commission expires: ooilbl 1S
SEWER LINE EASEMENT AGREEMENT
AULLMAN, TRUSTEE ET AL. TOWN OF THAYNE
PAGE 5 OF 5
00'73.
4•
kS
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS, That Don Aullman aka Don Corwin Aullman, a
single person, of Thayne, Lincoln County, Wyoming, in consideration of the trust created herein
and for the other covenants contained herein, conveys and quitclaims unto Don Aullman, as
Trustee, for the uses and purposes set forth in the Don Aullman Family Trust between Grantor
and Trustee, dated January 1, 2007, grantee, of Thayne, Lincoln County, Wyoming (mailing
address: PO Box 296, Thayne, WY 83127), forever, all such right, title, interest, property,
possession, claim and demand as he has or ought to have, in or to all the following described
premises, in the County of Lincoln, State of Wyoming, to -wit:
Parcel 1 Lincoln County Shop Road
A portion of the E1/2SW1/4 of Section 14, T34N, R119W, 6th P.M., Lincoln
County, Wyoming, more particularly described in that certain Special Warranty
Deed dated August 12, 1992, and recorded in the office of the Lincoln County
Clerk on August 26, 1992, in Book 314 PR, page 556, less and except the
following:
(1) Land more particularly described in that certain Warranty Deed dated April
27, 1998, and recorded in the office of the Lincoln County Clerk on July 2, 1998,
in Book 413 PR, page 813.
(2) Land more particularly described in that certain Warranty Deed dated
February 28, 2001, and recorded in the office of the Lincoln County Clerk on May
31, 2001, in Book 465 PR, page 378.
(3) Land more particularly described in that certain Warranty Deed dated June 4,
2002, and recorded in the office of the Lincoln County Clerk on June 12, 2002, in
Book 491 PR, page 637, re- recorded on June 18, 2002, in Book 492 PR, page
177.
(4) Land more particularly described in that certain Warranty Deed dated
November 4, 2003, and recorded in the office of the Lincoln County Clerk on
November 12, 2003, in Book 541 PR, page 475.
Parcel 2 Lincoln County Shop Property
Beginning at a point 2 rods West of the NE corner of the NW1 /4 of Section 23,
T34N, R119W of the 6th P.M., Lincoln County, Wyoming, and running thence
West 11 2/3 rods; thence South 14 1/2 rods; thence East 11 2/3 rods; thence
North 14 1/2 rods to the point of beginning.
LESS and EXCEPT the land contained in Quitclaim Deeds recorded August 3,
1988, in Book 264 PR on page 114 and September 13, 1988, in Book 265 PR on
page 408 of the records of the Lincoln County Clerk.
1
000,
00732
RECEIVED 1/29/2007 at 12:00 PM
RECEIVING 926368
BOOK: 647 PAGE: 353
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Of32
Parcel 3— Vail Property 00733
Commencing at a point which is 2 rods West and 27 rods South from the NE
corner of the NE1 /4NW1/4 of Section 23, T34N, R119W of the 6th P.M., Lincoln
County, Wyoming, and running thence South 60 feet; thence West 20 3/4 rods;
thence North 60 feet; thence East 20 3/4 rods to the point of beginning.
Parcel 4 Home Property
Beginning at a point which is 472 feet North of the SE comer of the NE1 /4NW1/4
of Section 23, T34N, R119W, 6th P.M., Lincoln County, Wyoming, and running
thence North 80 feet; thence West 440 feet; thence Southeasterly along the East
Canal bank to a point 426 feet due West of the point of beginning, thence East
426 feet to the point of beginning.
Parcel 7 Cow Pasture
Beginning 24 feet West of SW Corner of the SE1 /4SW1/4 of Section 14, T34N,
R119W, and running thence East along centerline of the County Road 48 rods 8
feet to the West side of the East Side Canal; thence North 17 °0' East, 307 feet
along the Canal West bank to the West Right of Way Highway U.S. 89 North;
thence North 35 °50' West, 714 feet along the West Right of Way and continuing
around curve a distance of 779 feet; thence South 88° 0' West, 120 feet; thence
South 2° 0' West, 132 feet; thence South 1° 15' East, 1221 feet to the point of
beginning.
Parcel 8 Flat Creek Property
Beginning at a point on the East boundary line of Section 15, T34N, R119W, 6th
P.M., Wyoming, that is 8 rods North of the SE Corner of the NE1 /4SE1/4 of said
Section 15, and running thence North along said East boundary line, 34 rods;
thence East 80 rods; thence North 6 rods; thence West 160 rods, more or less,
to the West boundary line of said NE1 /4SE1 /4, thence South 40 rods along said
West boundary line; thence East 80 rods, more or less, to the point of beginning,
consisting of 23 acres, more or less.
Parcel 9 Hemmed Property
N1/2NW1/4 of Section 23 T34N, R119 of the 6th P.M., Wyoming, EXCEPTING:
Beginning at a point 20 rods East of the NW corner of said Section 23 and
running thence South 80 rods; thence West 100 rods; thence North 80 rods;
thence East 100 rods to the place of beginning.
ALSO beginning at a point 2 rods West of the NE corner of the NW1 /4 of said
Section 23 and running thence West 11 2/3 rods; thence South 27 rods; thence
East 11 2/3 rods; thence North 27 rods to the point of beginning.
2
000354
ALSO beginning at a point 13 2/3 rods West of the NE corner of the NW1 /4 of
said Section 23 and running thence South 27 rods; thence West 10 rods; thence
Northwest along the canal 27 rods; thence East 18 rods to the point of 0 0 7 ry
3 4
beginning.
ALSO beginning at a point which is 142 feet North from the SE corner of the
NE1 /4NW1 /4 of said Section 23 and running thence North 250 feet; thence West
411 feet to the banks of the Etna Irrigation Canal; thence in a southeasterly
direction along the bank of said Canal to the point where the said Canal crosses
the South line of said NE1 /4NW1 /4 of Section 23 noted above; thence East 279
feet to the place of beginning.
ALSO beginning at the SE corner of the NE1 /4NW1 /4 of said Section 23 and
running thence North 142 feet; thence West 341 feet; thence South 142 feet;
thence East 341 feet to the place of beginning.
ALSO commencing at a point which is 392 feet North of the SE corner of the
NE1 /4NW1/4 of Section 23, T34N, R119W of the 6th P.M. in Wyoming, and
running thence North 160 feet; thence West 440 feet to the bank of the Etna
Irrigation Canal; thence in a Southeasterly direction along the bank of the said
Canal to a point which is 411 feet West of the point of beginning; thence East
411 feet to the place of beginning. Being a part of the NE1 /4NW1/4 of Section
23, T34N, R119W of the 6th P.M., together with all water rights.
Parcel 10 Pete's Propertv
Beginning at a point 13 2/3 rods west of the NE corner of the NW1 /4 of Section
23, T34N, R119W of the 6th P.M., Wyoming, and running thence South 27 rods;
thence West 10 rods; thence Northwest along the west bank of the East Side
Canal 27 rods; thence east 18 rods to place of beginning, containing 2 and 29/80
acres, more or less.
EXCEPTING THEREFROM the following described tract of land:
Beginning at a point 13 2/3 rods West of the NE Corner of the NW1 /4 of Section
23, T34N, R119W of the 6th P.M., Wyoming, and running thence South 192 feet;
thence West 90 feet; thence North 192 feet; thence East 90 feet to the place of
beginning, containing .396 acre, more or less.
RESERVING unto grantor during his lifetime an easement 12 feet in width
running along the entire East boundary of the property for the plowing and piling
of snow.
3
000355
O`92 34z
000356
ALSO RESERVING unto grantor during his lifetime an easement of
approximately 600 square feet in the NW corner of the property for the exclusive
use of and right to maintain, repair, and replace the farm building located therein. 0 0 7 3 5
ALSO RESERVING unto grantor during his lifetime a right of first refusal allowing
him to purchase the property or assume any mortgage thereon (if such mortgage
is assumable) in the event grantee declares bankruptcy or that there is a
foreclosure of said mortgage.
Hereby releasing and waiving all rights under and by virtue of the homestead exemption
laws of the State of Wyoming.
IN WITNESS WHEREOF, Don Aullman has hereunto set his hand as of January 1, 2007.
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing Quitclaim Deed was acknowledged before me by Don Aullman aka Don
Corwin Aullman, a single person, this 26th day of January, 2007.
Witness my hand and official seal.
GERALD L. GOULDING NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires May 2, 2107
My commission expires: May 2, 2007.
ss.
4
Don Aullman
NOTARY PUBLIC
J
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
QUITCLAIM DEED
MART Tiis;aN
COUNTY OF
LINCOLN ;l
MY it
qM
NOTARY POEM
STATE OF
MAOMINO
AWE 8.7x17
000300
KNOW ALL PERSONS BY THESE PRESENTS, that Eric Boone Hodges and Luke D. Brog,
GRANTORS, PO Box 4343 Bedford, Wyoming 83112, for and in consideration of Ten Dollars ($10.00)
and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, have hereby
remised, released, and forever quitclaimed unto Luke D. Brog, as president of BB Riverside LLC dated
November 23, 2010, PO Box 125 Auburn, WY 83111, and their heirs and /or successors and assigns
forever, all such right, title, interest property, possession, claim, and demand as they may have or ought
to have in and to all of the following described property, to wit:
North half of Aullman Parcel One split
A portion of the Aullman Parcel One as referred to in the Deed recorded with Receiving No. 957342, in
Book 759, on Page 411, with the Office of the Clerk of Lincoln County Wyoming, within the
NE1/4NW I/4 of Section 23, T34N, RI 19W, of the 6'" P.M., Town of Thayne, Lincoln County,
Wyoming, the boundary being described a follows:
Beginning at a point in the West line of the NW I /4NE1 /4 of said Section 23, said point of beginning
being 445.50 feet, S 0 °51'1" W from the Lloyd B. Baker PE/LS 698, 1975 location for the Northwest
Corner of said NWI /4NE1 /4, of said Section 23; thence S 0 °51'19" W 152.66 feet, continuing along said
West line of said NW] /4NE1/4, of said Section 23, thence N 89 °9'8" W 201.78 feet, thence N 0 °26'36"
E 152.66 feet, thence S 89d9'17" E 202.88 feet, to the true point of beginning, Encompassing 31,300
Sq.Ft. or .705 Acres
TOGETHER WITH and SUBJECT TO: that portion of land lying within the Bounds of Main Street
(U.S. Highway 89).
TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions, Restrictions, Reservations, Right
of- way, Improvements, including but not limited to Conditions of sight and or record.
Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of
the State of Wyoming.
WITNESS our hands this day of'ct r(..,:) ,It) /1
ACKNOWLEDGED before me by J F 144—
Notary signature .t f
It n.c Exp date C]ixtnn C�� 3,0 I
r t
RECEIVED 2/10/2011 at 10:50 AM
RECEIVING 958022
BOOK: 762 PAGE: 300
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Description: North Half of Auliman Parcel One Split
000301
A portion of the Auliman Parcel One as referred to in the Deed recorded with Receiving No. 957342, in
Book 759, on Page 411, with the Office of the Clerk of Lincoln County Wyoming, within the NE1 /4NW1 /4
of Section 23, T34N, R119W, of the 6 P.M., Town of Thayne, Lincoln County, Wyoming, the boundary
being described a follows:
Beginning at a point in the West line of the NW1 /4NE1/4 of said Section 23, said point of beginning
being 445.50 feet, 5 051'1" W from the Lloyd B. Baker PE /LS 698, 1975 location for the Northwest
Corner of said NW1 /4NE1/4, of said Section 23; thence S 0'51 W 152.66 feet, continuing along said
West line of said NW1 /4NE1 /4, of said Section 23, thence N 89'9'8" W 201.78 feet, thence N 0'26'36" E
152.66 feet, thence 5 89d9'17" E 202.88 feet, to the true point of beginning, Encompassing 31,300 Sq.Ft.
or .705 Acres
TOGETHER WITH and SUBJECT TO: that portion of land Tying within the Bounds of Main Street (U.S.
Highway 89).
TOGETHER WITH and SUBJECT T0: ALL Easements, Exceptions, Restrictions, Reservations, Right -of- way,
Improvements, including but not limited to Conditions of sight and or record.
00737
Description: Town of Thayne Sewer Easement
A portion of the Aullman property as referred to in the
Deed recorded with Receiving No. 926368, in Book 647, on
Page 353, and a portion of the Brog property, as referred
to in the Deed recorded with Receiving No. 958022, in Book
762, on Page 300, all with the Office of the Clerk of
Lincoln County, Wyoming, within the NE1 /4NW1/4 of Section
23, T34N, R119W, of the 6 th P.M., Town of Thayne, Lincoln
County, Wyoming, being 10 feet either side of the Center
Line being more particularly as follows:
BEGINNING at Manhole No. 13,
said Point of Beginning being 674.74 feet S47 °56'34 "W from
the Lloyd B. Baker PE /PL 698, 1975 location for the
Northeast Corner of the NW1 /4, of said Section 23, also
said Point of Beginning being 2,194.37 feet S77 °06'04 "E
from the Lloyd B. Baker PE /LS 698, 1975 location for the
Northwest Corner of said NW1 /4, of said Section 23;
thence S89 °54'33 "E 272.56 feet to a Manhole;
thence S89 °09'12 "E 33.91 feet.
00738