Loading...
HomeMy WebLinkAbout966768RECEIVED 9 /12ILu l z at 1:54 PM RECEIVING 966768 BOOK: 793 PAGE: 781 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY CONVEYANCE OF WELL EASEMENT AGREEMENT THIS CONVEYANCE OF WELL EASEMENT AGREEMENT, hereafter the "Agreement effective this 6th day of September, 2012, is by and between BAR J.B. LAND, TIMBER CATTLE COMPANY, LLC, an Idaho limited liability company, 10258 West Thompson Road, Coeur d'Alene, Idaho 83814, hereafter "Bar JB GRANTOR, and GARRET J. EDINGTON, a single man, P.O. Box 3524, Jackson, Wyoming 83001, hereafter "Edington GRANTEE. WHEREAS, Bar JB owns real property in Alpine, Wyoming pursuant to a Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on August 10, 2012 in Book 791 at Pages 196 and 197 as Receiving No. 966067, a copy of which is attached hereto, said property hereafter the "Bar JB Property"; and WHEREAS, Edington owns real property in Alpine, Wyoming pursuant to a Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on August 10, 2012 in Book 791 at Pages 194 and 195 as Receiving No. 966066, a copy of which is attached hereto, said property hereafter the "Edington Property and WHEREAS, Grantor and Grantee have agreed that it will be mutually beneficial to grant an easement that will allow Grantee to have exclusive ownership of a well that is located on Grantor's property, the Bar JB Property, along with access thereto for ingress, egress, and underground utilities to the well pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, GRANTOR and GRANTEE hereby agree as follows: 1. TRANSFER OF WELL. Bar JB, as GRANTOR, for itself and its successors and assigns, hereby grants and conveys to Edington for the use and benefit of the Edington Property the exclusive right to the well and all of the water therefrom that is located on the Bar JB Property, as shown on the Plat entitled "ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 24TH FILING IDENTICAL WITH LOT 135 OF ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 23RD FILING WITHIN GLO LOT 1 NE1 /4NW1 /4 SECTION 19 T37N R118W LINCOLN COUNTY, WYOMING" (the "Plat said Plat being that which was recorded in the land records of Lincoln County, Wyoming on September 5, 2012 as Receiving No. 966646, a copy of which is attached hereto. CONVEYANCE OF WELL EASEMENT AGREEMENT BAR JB EDINGTON PAGE 1 OF 4 781. 2. EASEMENT ESTABLISHED. Bar JB, as GRANTOR, for itself and its successors and assigns, hereby grants and conveys a perpetual non exclusive easement for the continued operation, maintenance, repair, and replacement of a well and for ingress, egress, and underground utilities from and to the Edington Property and the above referenced well, in favor of and for the benefit of Edington, as GRANTEE, for the Bar JB Property, said easement being more particularly described in the "DESCRIPTION FOR GARRET J. EDINGTON FROM BAR J B LAND CATTLE AND TIMBER CO., LLC WATER WELL EASEMENT dated 11 July 2012, which is attached hereto. 3. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the mutual promises and agreements contained herein, and other valuable consideration, in hand paid, the receipt of which is hereby acknowledged, GRANTOR and GRANTEE state and declare that consideration has been provided to each of them for this Agreement. 4. EASEMENT COVENANTS. GRANTOR AND GRANTEE, for themselves and their heirs and /or successors and assigns, hereby agree: a. Except for temporary obstructions required for the purposes of maintaining and improving the Easement and for installing and maintaining, repairing and replacing the well and underground utilities therein, the Easement shall not be obstructed in any manner that would impede free ingress and egress of the parties hereto or of any other person or persons with right of ingress and egress in the Easement. Easement maintenance and improvement, and well and utility installation, maintenance, repair, and replacement shall be done in a manner that minimizes any inconvenience to all who are authorized to use the Easement for ingress and egress. b. Any improvements made within the Easement shall be at the sole expense of the party making the improvements unless otherwise agreed to in writing. c. GRANTEE agrees GRANTOR shall be entitled to uses of the Easement that are not inconsistent with Grantee's use thereof. 5. EASEMENT TO RUN WITH THE LAND. The Easement created herein shall run with the lands identified herein, and shall be binding on and shall inure to the benefit of GRANTOR and GRANTEE, and their respective heirs and /or successors and assigns. 6. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between GRANTOR and GRANTEE, and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding except to the extent incorporated in this Agreement. CONVEYANCE OF WELL EASEMENT AGREEMENT BAR JB EDINGTON PAGE 2 OF 4 00r(8 7. MODIFICATION OF AGREEMENT. Any modification of this Agreement shall be binding only if evidenced by agreement in writing signed by the GRANTOR and GRANTEE or their heirs and /or successors and assigns. 8. WAIVERS. The failure of GRANTOR or GRANTEE to enforce the performance of the terms and conditions set forth herein, or their waiver of a breach of any of the terms and conditions set forth herein, shall not be construed as a continuing waiver of such failure or breach, and the terms and conditions shall remain in full force and effect as if no such forbearance or waiver had occurred. 9. WAIVER OF HOMESTEAD RIGHTS. GRANTOR and GRANTEE, for themselves and their heirs and /or successors and assigns, hereby waive any and all rights 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 the easement. 10. ATTORNEY'S FEES. GRANTOR and GRANTEE agree that should any litigation be commenced between them concerning this Agreement, or the rights and /or duties of them in relation thereto, including any action to collect sums due hereunder, the party prevailing in such litigation shall be entitled to a reasonable sum for attorney's fees. 11. EFFECTIVE DATE OF EASEMENT. This Easement Agreement shall only become effective upon recordation in the land records of Lincoln County, Wyoming IN WITNESS WHEREOF, GRANTOR and GRANTEE have caused this Agreement to be signed on the dates indicated below. GRANTOR: BAR J.B. LAND, TIMBER CATTLE COMPANY, LLC, an Idaho limited liability company BY: O T STUEVE, MANAGER STATE OF W YO/N l eti COUNTY OF Giese CO 4/1/ SS. ACKNOWLEDGED before me on this, the 1 4" day of August, 2012, by Robert Stueve, as Manager of Bar J.B. Land, Timber Cattle Company, LLC, an Idaho Limited Liability Company, pursuant to authority provided to him by said Company's Board of Members. CONVEYANCE OF WELL EASEMENT AGREEMENT BAR JB EDINGTON PAGE 3 OF 4 �2-- DATE u78?° WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 GRANTEE: My Commission expires: 6 /b /C STATE OF WYOMING SS. COUNTY OF LINCOLN (cL ACKNOWLEDGED before me on this, the day of August, 2012, by GARRET J. EDINGTON. WITNESS my hand and official seal. WHITNEY BUCKLIEY NOTARY PUBLIC COUNTY OF a i STATE OF LINCOLN r +r WYOMING MY COMMISSION EXPIRES JULY 13, 201.4 My Commission expires: OF WELL EASEMENT AGREEMENT BAR JB EDINGTON PAGE 4 OF 4 DATE /'Z 00784 w Q w co 2 ti°' w co Z N (0 Q Q °'a o 4t Z C9 Z W w ti O U k U 0 m 0 J QUITCLAIM DEED KNOW ALL PERSONS BY THESE PRESENTS, that GARRET J. EDINGTON, a single man, P.O. Box 3524, Jackson, Wyoming 83001, 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, hereby remises, releases, and forever QUITCLAIMS unto BAR J.B. LAND, TIMBER CATTLE COMPANY, LLC, an Idaho limited liability company, 10258 West Thompson Road, Coeur d'Alene, Idaho 83814, GRANTEE, and its successors and assigns forever, all such right, title, interest property, possession, claim, and demand as he may have or ought to have in and to all of the following described property situate in the County of Lincoln, State of Wyoming, hereby waiving and releasing all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to wit: See the property description titled "DESCRIPTION FOR BAR J B LAND CATTLE AND TIMBER CO., LLC BAR J B TRACT dated 12 July 2012, attached hereto. Together with and including all improvements thereon and all appurtenances and hereditaments thereunto belonging. Subject to easements, declarations of covenants, conditions, and restrictions, and rights of way of record or in use. WITNESS my hand this day of August, 2012. STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the day of August, 2012, by GARRET J. EDINGTON. WITNESS my hand and official seal. WHITNEY BUCKLEY COUNTY OF yam: LINCOLN kx j r ill 4 MY COMMISSION EXPIRES JULY 13, 2014 NOTARY PUBLIC STATE OF WYOMING My Commission expires: 1 fl'AIDA NOTARY PU 0''18 00196 Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 KARL E SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hol Springs, Idaho Montpelier, Idaho DESCRIPTION FOR BAR J B LAND CATTLE AND TIMBER CO., LLC BAR J B TRACT To -wit: All of the BAR J B TRACT as depicted on the below referenced plat; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 23 FILING AND PLAT OF BOUNDARY ADJUSTMENT OF LOT 83 ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 6 FILING AND BAR J B LAND, TIMBER AND CATTLE CO., LLC WITHIN GLO LOT 1 GLO LOT 2 NEI /4NW1/4 SEI /4NW1/4 SECTION 19 T37N RI 18W LINC• n Y, WYOMING dated 2 August 2011, as revised. 007V 00197 "Modification in any way of the foregoing description terminates liability of the surveyor" QUITCLAIM DEED KNOW ALL PERSONS BY THESE PRESENTS, that BAR J.B. LAND, TIMBER CATTLE COMPANY, LLC, an Idaho limited liability company, 10258 West Thompson Road, Coeur d'Alene, Idaho 83814, 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, hereby remises, releases, and forever QUITCLAIMS unto GARRET J. EDINGTON, a single man, P.O. Box 3524, Jackson, Wyoming 83001, GRANTEE, and his heirs and assigns forever, all such right, title, interest property, possession, claim, and demand as it may have or ought to have in and to all of the following described property situate in the County of Lincoln, State of Wyoming, to wit: See the property description titled "DESCRIPTION FOR GARRET J. EDINGTON" dated 12 July 2012, attached hereto. Together with and including all improvements thereon and all appurtenances and hereditaments thereunto belonging. Subject to easements, declarations of covenants, conditions, and restrictions, and rights of way of record or in use. WITNESS my hand this day of August, 2012. BAR J.B. LAND, TIMBER CATTLE COMPANY, LLC, an Idaho limited liability company BY: MANAGER OBERT STUEVE, STATE OF WYOMING SS, COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the ISk' day of August, 2012, by Robert Stueve, as Manager of Bar J.B. Land, Timber Cattle Company, LLC, an Idaho Limited Liability Company, pursuant to authority provided to him by said Company's Board of Members. WITNESS m hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of Cyr State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: 0 1 /6 I% 0078 00194 RECEIVED 8/10/2012 at 9:07 AM RECEIVING 966066 BOOK: 791 PAGE: 194 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. RegisoaUon 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 Registration No. 13493 CFEDS No. 1223 Surveyor Schertel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier. Idaho DESCRIPTION FOR GARRET J. EDINGTON To -wit: 0078 00.x.0 All of Lot 135 as depicted on the below referenced plat; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 23 FILING AND PLAT OF BOUNDARY ADJUSTMENT OF LOT 83 ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 6 FILING AND BAR J B LAND, TIMBER AND CATTLE CO., LLC W OT 1 GLO LOT 2 NE1 /4NW1 /4 SE1 /4NW1/4 SECTION 19 T37N RI 18W L i t WYOMING dated 2 August 2011, as revised. ,yF t FR tt"to �r. 12 July O1: 4iN U/ Vv 4i1N� "Modification in any way of the foregoing description terminates liability of the surveyor" 00789 ri 1 r 'v4; 4 itUBDIVISION a 4 t t ,14 N. Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT 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 Registration No. 13493 CFEDS No. 1223 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR GARRET J. EDINGTON FROM BAR J B LAND CATTLE AND TIMBER CO., LLC WATER WELL EASEMENT To -wit: 00790 A strip of land, twenty (20) feet in width, over, under and across that part of GLO Lot 1 of Section 19, T37N R118W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 769 of Photostatic Records on page 179, described as follows: BEGINNING at a point on the south line of Lot 135 of Alpine Village Subdivision No. 1 Plat 2 Amended 23` Filing, to be recorded subsequently, S89 59' -49 "E, 226.74 feet, from the southwest point thereof, at the beginning of a non- tangent circular curve to the left, whose radius bears S81 58' -04 "E; thence southerly, 49.26 feet, along the arc of said curve, through a central angle of 5 -13'- 37", with a radius of 540.00 feet, and a chord bearing S05 25' -08 "W, 49.25 feet, to a position; thence S87 11' -41 "E, 20.00 feet, to a point at the beginning of a non tangent circular curve to the right whose radius bears S87 11' -41 "E; thence northerly, 50.26 feet, along the arc of said curve, through a central angle of 5 -32'- 17", with a radius of 520.00 feet, and a chord bearing N05 34' -27 "E, 50.24 feet, to a position on said south line; thence N89 59' -49 "W, 20.21 feet, along said south line, POINT OF BEGINNING; the BASE BEARING for this survey is the north line of Lot 44, Alpine Village Subdivision No. 1 Plat 2 Amended, of record in said Office as Plat No. 264, being N67 06'-35"E; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details; each "position" is a calculated position with no monument found or set; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 23 FILING AND PLAT OF BOUNDARY ADJUSTMENT OF LOT 83 ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 6 FILING AND BAR J B LAND, TIMBER AND CATTLE CO., LLC WITHIN GLO LOT 1 GLO LOT 2 NE1 /4NW1 /4 SE1 /4NW1 /4 SECTION 19 T37N R118W LINCOLN COUNTY, WYOMING dated 2 August 2011, as revised. 11 July 2012 "Modification in any way of the foregoing description terminates liability of the surveyor"