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BOOK: 796 PAGE: 654
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY EASEMENT AND
PARTIAL RELEASE OF ACCESS EASEMENT
00651
RICHARD JOHN MILLER a married man who owns said property as his sole
property, of 1008 Garnet Street, Kemmerer, WY 83101, Grantor, for and in consideration of one
($1) dollar and other good and valuable consideration, in hand paid, receipt of which is hereby
acknowledged, grants and conveys to JERIMIAH S. ELLIS AND McKENZEE L. ELLIS,
husband and wife, and to the survivor as tenants by the entireties, and their heirs, successors
and assigns, of P.O. Box 1041, Kemmerer, WY 83101, 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 as described in Paragraph 4, for an access road easement
that allows egress and ingress across land owned by Grantor so Grantee and their heirs,
successors and assigns have access to the property described in Paragraph 3 below.
2. Conditions of Easement. The conditions of this easement are:
a. The access provided by this easement is a non exclusive right -of -way for the use of
Grantee, his agents, and heirs and assigns.
b. Grantor reserves the right to use the road and easement without charge.
c. This easement is a non exclusive easement. Grantor specifically reserves and retains
for itself and its heirs, successors and assigns the right to enter into agreements to
allow others to use the Road or portions thereof without compensation to Grantee
provided however, if Grantor enters into an agreement or agreements to allow others
or third parties to use the Road or portions thereof, those others or third parties shall
be responsible for curing, remedying and otherwise resolving any and all damages
they cause to the road and those others shall otherwise be responsible for any
improvements or maintenance they want or need for their use without expense or
liability to Grantee. Should Grantee elect to repair damage caused by a third party,
Grantee may recover from that third party the cost of those repairs and any loss or
damages incurred together with any attorney fee incurred.
d. Grantee shall be responsible to cure and repair all water erosion and damage caused
by that portion of the easement described in "Legal Description #A Access Road"
that is newly constructed as a result of or in conjunction with this easement.
e. As limited by paragraph c above, Grantee, in his sole discretion, shall be responsible
for snow removal, maintenance and improvements to an access road of Grantee's
choice to allow safe or otherwise permit year round access by emergency vehicles in
accord with any applicable statutes, or as otherwise determined by Grantee.
3. Property Benefited by Easement. This easement is for the benefit of the following
described real property of the Grantee:
A parcel of land within an unplatted portion of the City of Kemmerer, Wyoming and being
part of Tracts 38 K, 38 L, and 107 and within the SE 1 /4SE1 /4 of Section 35 and the SW1 /4
of Section 36 all of the resurvey of T.21N.,R.116W. of the 6 th P.M., City of Kemmerer,
Lincoln County, Wyoming that is more particularly described in that Warranty Deed
recorded in the Office of the Lincoln County Clerk as Instrument 952923 in Book 745 at
Pages 514 -519 on the 14"' day of April, 2010.
4. Description of Easement. Access road easements for egress and ingress across portions of
Tracts 38 J and 38 K, and within the SW 1/4 of Section 36 all of the resurvey of T.21N.,
R.116W. of the 6"' P.M., City of Kemmerer, Lincoln County, Wyoming and being more
particularly part of a parcel to be known as The Pittsburg and Midway Coal Mining Co.
Parcel KD 3 and as transferred to Richard John Miller by Pauline A. Schuette by Warranty
Deed as described and recorded in Book 766 on Pages 43 and 44 on file in the Lincoln
County Clerk's Office. Said easement is more specifically described in that three (3) page
document identified as Exhibit 1, attached hereto and made part of this Easement and Partial
Release by this reference, which is entitled "Legal Description for Jeremiah McKenzee
Ellis, Access Road Easement Richard Miller Parcel, Legal Description #A- Access Road" and
"Legal Description #B."
5. Consideration. In consideration for the easement described herein, Grantee releases and
otherwise grants to Grantor, that portion of the Access Road hereby releasing and giving up
rights of ingress and egress within or across that portion of the current access easement more
specifically described in Exhibit 2, attached hereto and made part of this Easement and
Partial Release of Access Easement by this reference. Said partial release and the conditions
set forth above 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 and is the entire agreement of the parties.
WITNESS my hand this day of October, 2012.
STATE OF WYOMING
ss
COUNTY OF LINCOLN
The fore oing easement and partial release was acknowledged before me by Richard John Miller,
this /r day of October, 2012.
Witness my hand and official seal.
BONNIE M. VVE i O.
County of
Lincoln
My Commis
STATE OF WYOMING
Ai/eiri/Ce
COUNTY OF LINCOLN
Witness my hand and official seal.
U lfVii M. W ON NO I',{ PUc L
t County of 1 Mate of
Lincoln
L
My Comm f n xplres f� �i
,k
RICHARD JO MILLER
ss
NO ARY PUBLIC
My commission expires:
WITNESS our hands this day of October, 2012.
MIAH S. ELLIS
NIA IA Lei
McKENZEE L. ELLIS
Ce
The foregoing easement and partial release was acknowledged before me by Jerimiah S. Ellis and
McKenzee L. Ellis, this /3 day of October, 2012.
-2-
00655
LEGAL DESCRIPTION
for
Jerimiah McKenzee Ellis
ACCESS ROAD EASEMENT RICHARD MILLER PARCEL
(Rev. 6- 28 -12)
LEGAL DESCRIPTION #A Access Road
An easement for ingress and egress through part of Tracts 38 J and 38 K, and within the
SW 'A of Section 36 all of the resurvey of T. 21 N., R. 116 W. of the 6 P.M., City of
Kemmerer, Lincoln County, Wyoming and being more particularly part of a parcel to be
known as The Pittsburg and Midway Coal Mining Co. Parcel KD 3 and as transferred to
Richard John Miller by Pauline A. Schuette by warranty deed as described and recorded
in book 766 on page 43 on file in the Lincoln County Clerk's Office. Said easement
being 60.0 feet wide, 30.0 feet each side the following described centerline. The
boundary lines of said easement extending to or truncating at the south boundary line of
said Parcel KD 3 and the west boundary line of a 100.0 feet wide frontage road easement
through said Parcel KD 3. The centerline of this easement being more particularly
described as follows:
Commencing at the common south corner of Sections 35 and 36 of the resurvey of
T. 21 N., R. 116 W. of the 6 P.M., Lincoln County, Wyoming where is found as
standard U.S.G.L.O. brass cap; Thence N 89 °57'30 "W, 500.00 feet to a point on the
south boundary line of said Section 35 and being the southwest corner of a parcel of land
to be known as The Pittsburg and Midway Coal Mining Co. Parcel KD 3. Said point
being monumented by a 2" diameter aluminum cap on a 5/8" rebar with the cap being
stamped `CCI, PELS 5465, 2006' with other appropriate markings (said monument
herein after referred to as `a 2" CCI cap') set this survey.
Thence N47 °53'22 "E, 1231.47 feet to the Point of Beginning of this description. Said
point being a point on the south boundary line of said parcel KD 3;
Thence N34 °10'34 "W, 52.52 feet to the point of curvature of a curve to the right;
Thence 522.27 feet along the arc of said curve to the right to a point on the curve. Said
curve to the right having a radius of 337.77 feet, a central angle of 88 °35'37" and chord
of 471.78 feet which bears N10 °20'48 "E. Said point on the curve being a point on the
centerline of an existing access road easement identified as Access Road Easement KD 3-
B as identified on the Record of Survey Receiving Number 922290 on file in the Lincoln
County Clerk's Office of The Pittsburg and Midway Coal Mining Co., K D Parcels. The
following remaining three (3) courses being along the same centerline as said Access
Road Easement KD 3 -B.
Thence N22 °13'44 "E, 141.65 feet to a point;
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EXHIBIT
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00657
Thence N0 °38'28 "E, 244.57 feet to a point;
Thence N14 °26'26 "E, 136.80 feet to the point of terminus. Said point being a point on
the west boundary line of a 100.0 feet wide frontage road easement through said Parcel
KD 3. Said point bears S 48 °41'55" W, 1422.32 feet from corner number 2 of Tract 39
of said resurvey of T. 21 N., R. 116 W. where is found a standard U.S.G.L.O. brass cap.
Said easement being 1097.8 feet in length along its centerline more or less.
ALSO INCLUDING
RICHARD MILLER PARCEL 30' ACCESS ROAD
LEGAL DESCRIPTION #B
(Identical with Legal Description for The Pittsburg Midway Coal Mining
Co. Parcel KD 3 30' Access Road `C')
An easement for ingress and egress through part of Tract 38 K and within the SW 1 /4
SW1/4 of Section 36 all of the resurvey of T. 21 N., R. 116 W. of the 6 P.M., City of
Kemmerer, Lincoln County, Wyoming. Said easement being 30.0 feet wide, 15.0 feet
each side the following described centerline. The boundary lines of said easement
extending to or truncating at the south boundary line of a parcel to be known as The
Pittsburg and Midway Coal Mining Co. Parcel KD 3 and the south boundary line of a
30.0 feet wide road easement through said Parcel KD 3 known as road `B' Parcel KD 3.
The centerline of said easement being more particularly described as follows:
Commencing at the common south corner of Sections 35 and 36 of the resurvey of
T. 21 N., R. 116 W. of the 6 P.M., Lincoln County, Wyoming where is found as
standard U.S.G.L.O. brass cap; Thence N 89 °57'30 "W, 500.00 feet to a point on the
south boundary line of said Section 35 and being the southwest corner of a parcel of land
to be known as The Pittsburg and Midway Coal Mining Co. Parcel KD 3. Said point
being monumented by a 2" diameter aluminum cap on a 5/8" rebar with the cap being
stamped `CCI, PELS 5465, 2006' with other appropriate markings set this survey.
Thence N47 °53'22 "E, 463.77 feet to a point on the south boundary line of said Parcel
KD 3. The following nine (9) courses being along the centerline of another 30.0 feet
wide access road easement to be known a Road `B' Parcel KD 3;
Thence N38 °58'33 "W, 53.63 feet to a point;
Thence N10 °30'43 "W, 144.16 feet to a point;
Thence N15 °00'34 "E, 212.06 feet to a point;
Thence N41 °33'02 "E, 156.49 feet to a point;
Thence N54 °00' 17 "E, 257.62 feet to a point;
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Thence N63 °27'20 "E, 106.36 feet to a point;
Thence N55 °34'04 "E, 70.13 feet to a point;
Thence N31 °57'00 "E, 272.36 feet to a point;
Thence N22 °13'44 "E, 52.26 feet to the Point of Beginning of this description;
Thence S 8° 44' 47 "E, 36.88 feet to the PC of a curve to the left;
Thence 104.94 feet along the arc of said curve to the left to the PT of said curve. Said
curve to the left having a central angle of 60° 07' 40 and a radius of 100.00 feet;
Thence S 68° 52' 27" E, 153.32 feet to the PC of a curve to the right;
Thence 76.42 feet along the arc of said curve to the right to a point on the curve. Said
point being the point of terminus of this description and being a point on the south
boundary line of said Parcel KD 3. The southeast corner of said Parcel KD 3 bears
N47 °53'22 "E, 300.94 feet. Said curve to the right having a central angle of 21° 53' 34" a
radius of 200.00 feet and a chord of 75.96 feet which bears S57 55'40 "W.
Said easement being 371.6 feet in length along its centerline more or less.
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00658
ABANDONMENT OF INGRESS EGRESS RIGHTS
of
JEREMIAH McKENZEE ELLIS
In aportion of
PARCEL KD 3 (RICHARD MILLER PARCEL -Book 766, Page 43)
(10/2/2012)
LEGAL DESCRIPTION ABANDOMENT AREA
The abandonment of ingress and egress only rights in a southerly portion of an existing
access road and utility easement through an unplatted portion of the City of Kemmerer,
Wyoming and being part of Tracts 38 J and 38 K and within the SW 1 /4 of Section 36 all
of the resurvey of T. 21 N., R. 116 W. of the 6 P.M., City of Kemmerer, Lincoln
County, Wyoming. Said abandonment of ingress and egress rights in the existing
easement area being 100.0 feet wide and being 100.0 feet offset west and parallel to the
following described west right of way boundary of U.S. Highway 30. The boundary of
said abandonment of ingress and egress rights in the existing easement area extending to
or truncating at the south boundary line of a parcel of land known as Parcel KD 3 of The
Pittsburg and Midway Coal Mining Co. 2006 record of survey of the KD Parcels
(currently the Richard Miller parcel as described and recorded in book 766 on page 43 on
file in the Lincoln County Clerk's Office). Said survey line being the east boundary line
of said Parcel KD 3 and the west right of way boundary of said U.S. Highway 30 and
being more particularly described as follows;
Commencing at the common corner of Sections 35 and 36 of the resurvey of
T. 21 N., R. 116 W. of the 6 t11 P.M., Lincoln County, Wyoming where is found as
standard U.S.G.L.O. brass cap; Thence N 89 °56'46 "W, 500.00 feet to a point
monumented by a 2" diameter aluminum cap on a 5/8" rebar with the cap being stamped
`CCI, PELS 5465, 2006' with other appropriate markings (said monument herein after
referred to as `a 2" CCI cap').
Thence S0 °04'00 "W, 1642.38 feet to a point being monumented by a 2" CCI cap;
Thence S0 °04'00 "E, 1833.30 feet to a point being monumented by a 2" CCI cap;
Thence N68 °11'58 "E, 1104.77 feet to a point on a curve to the left on the west right of
way boundary of U.S. Highway 30. Said point being the northeast corner of said Parcel
KD 3 where is found a 2" CCI cap:
Thence 398.02 feet along the arc of said curve to the left of said west highway right of
way boundary to the Point of Beginning of this description. Said point being a point on
said curve to the left. Said curve to the left having a central angle of 9 °20'27" a radius of
2441.35 feet and a chord of 397.57 feet which bears S20 °45' 12 "E;
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00659
EXHIBIT
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00660
Thence continuing 398.94 feet along the arc of said curve to the left of said west highway
right of way boundary to a point on the curve where is found a 2" CCI cap. Said curve to
the left having a central angle of 9 °21'46" a radius of 2441.35 feet and a chord of 398.50
feet which bears S30 °06' 16 "E;
Thence S55 °12'49 "W, 25.00 feet along a jog in said west highway right of way to a
point on a curve to the left of said west highway right of way where is found a 2" CCI
cap;
Thence 197.44 feet along the arc of said curve to the left of said west highway right of
way boundary a point on the curve where is found a 2" CCI cap. Said point being the
southeast corner of said Parcel KD 3 and being the point of terminus of this description.
Said curve to the left having a central angle of 4°35'12" a radius of 2466.35 feet and a
chord of 197.38 feet which bears S37 °04'47 "E;
Said portion of the easement in which the egress and ingress rights are being abandon
being 621.4 feet in length along its eastern boundary more or less.
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