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HomeMy WebLinkAbout967318John Baugh Freedom, WY RECEIVED 10/11/2012 at 9:30 AM RECEIVING 967318 BOOK: 796 PAGE: 40 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY RE: Clarification of property lines and infringement (AGREEMENT) Hello John: September 26, 2012 We visited Monday and you repeated your interest in purchasing property from the Schenks that adjoins your property; a portion of which you are presently encroaching upon. Though that remains a possibility my initial thoughts are 1) the property of interest to you is prime farm land and /or development property out of the flood plane and 2) may be restrictive of the 50' radius culdesac /entrance to our property. As stated, it still remains appropriate that we have this written agreement in place. I appreciate your providing a copy of the February 4, 1997 survey conducted by Lloyd Baker and Associates wherein your property is more specifically referred to as Parcel B (2. 511 acres), and legally described therein. This agreement acknowledges that you are knowingly encroaching with ingress and egress, extending your lawn and landscaping and you have installed gravel on our property to improve access to the easterly side of your shed all without permission or consent. For the benefit of all parties concerned, including successors hereafter, it is incumbent that we have a written agreement confirming that any acknowledgement, permission, consent, or implied grant to enjoy the benefits of convenient access, ingress, egress, improvements, extension of landscaping, etc., upon, or over, our property onto your property is temporary and conditional. The terms upon which this encroachment may continue are as follows: 1) John Baugh may continue to enjoy the above defined privilege without further extension or encroachment onto the Schenk property, and 2) John Baugh, and /or his successors, will relinquish this grant of permission immediately upon written notice from Schenk, or their successors, that this privilege is terminated and within thirty (30) days of the written notice, and at their option, Baugh will vacate and return the property under encroachment to the original condition. 3) John Baugh and /or his successors will make no claims for adverse possession by virtue of their encroachment, and further, they will assume full responsibility/liability for activities conducted on our property or related to this agreement and will agree to hold Schenk, or their successors, harmless. 4) When Schenk, or their successors, rescind the above referenced grant/permission of encroachment, John Baugh, or his successors, agree to fully cooperate in the location of the legal survey markers to determine the defined property corners /lines where the existing Baugh property adjoins the Schenk property on their easterly and westerly property lines respectively such that both parties may know and honor the legitimate property lines thereafter. The RECORD OF SURVEY conducted by Lloyd Baker and Associates dtd 4 February 1997 for John Baugh and Fred Brog will be consider as an addendum to this agreement. AGREED: Witnesses Date '/2.- 7/ 2 (ea fir. eroy Schenk John B!gh 000'l INDIVIDUAL ACKNOWLEDGMENT 0004 State /Commonweaith'of tl_l c O l/lil IA- County of On this the 2 7 day of -3( y 4 cc 04 6-e r before me, ek J Day Month Year te. e C I c the undersigned Notary Public, Name Nota Public L r �I dt personally appeared 1 t ee L c G�c' /e pi CLAUDIA ANDERSON NOTARY PUBLIC WYOMING Lincoln County My Commission Expires May 25, 2014 Place Notary Seal and /or Stamp Above Description of Any Attached Document Title or Type of Document: k',1 4`G Name(s) of igner(s) tUI personally known to me OR c3 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument, and acknowledged to me that he /she /they executed the same for the purposes therein stated. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Other Required Informati8rr Name of Notary, ResidenCi etc.) Although the information in this section is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. r Document Date: 7 L&/ Number of Pages: Signer(s) Other Than Named Above:. de Right Thumbprint of Signer Top of thumb here 1 sal 3 3 C </:�C S/,. C S/.•�� C C/.:�< �C v'��!�C �,•,.�5 �3 S,y�C/ S!.�C,.c�SS���S�� Ce e Cc Ce n Cc �N C C e Ce �ggC git Cc' 02008 National Notary Association 9350 De Soto Ave., P.O. Box 2402 Chatsworth, CA 91313 -2402 www.NationalNotary.org Item #5936 Reorder: Call Toll -Free 1-800. 876.6827 Description of Parcel B 2.511 acres, John R Baugh and Tracy C. Baugh A portion of Nl /2 of Section 28, T35N, R119W, 6 P.M., Lincoln County, Wyoming and being also a portion of that property conveyed by Deed No. 785753 from Lovey Clark to John R. Baugh and Tracy C. Baugh filed June 29, in Book 353PR at Page 337 located North from Freedom, Lincoln County, Wyoming and being more particularly described as follows: Beginning at a point in the North line of said Baugh property, said point being S89 38'25 "E 614.33 feet from the Northwest corner of Lotl(N1 /4); thence running S89 38'25 "W, along said North line of said N1 /2, 486,84 feet; thence SO "20'27 "E 201.94 feet; thence S89 36'23 "W 352.16 feet; thence S10 "W 75.16 feet; thence N89 20'50 "W 122.15 feet; thence North 279.90 feet to the Point of Beginning, containing 2.511 acres of land. TOGETHER WITH and SUBJECT TO for Ingress and Egress and Utilities Easements on County Roads 12 -114 and 12 -184. Also SUBJECT to any other Easements thereon of sight or record. TOGETHER WITH an easement for Ingress and Egress and Utilities over the following described as follows: Beginning at a point 50.00 feet North from the Center of the Cul -de -sac at the East end of Grant Clark Court County Road No. 12 184; thence S89 20'50 "E 30.00 feet; thence South 9.66 feet to a point on the Northeast Right of -Way line of said Cul -de -sac, said point being N36 11 "E 50.00 feet from first said Center. 046