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Home My WebLink About969341Recorded at the request of: Jody Warren 4331 West 1400 North Plain City, Utah 84404 RECEIVED 2/6/2013 at 9:26 AM RECEIVING 969341 BOOK: 804 PAGE: 74 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY GRANT OF EASEMENT Together with a temporary easement for construction purposes being a 40 foot wide strip of land with parallel lines being 20.00 feet on each side of the pipeline centerline described in Attachment 1. Said temporary easement shall terminate 30 days after the completion of the anticipated replacement and upgrade of the existing pipeline. Together with the right of ingress and egress by GRANTEE, his agents and assigns, to and from said land for any and all purposes necessary and incident to these easements. This Easement shall run with the land and shall burden the property described above through all the successions of title of GRANTORS and shall only be released upon the written agreement of GRANTEE or of all of GRANTEE's heirs and assigns. ki0OV. GRANTORS, Dean Jenkins and Elaine Jenkins, husband and wife, for and in consideration of Ten Dollars and other good and valuable consideration in hand paid, receipt of which is hereby acknowledged and confessed, as further described in the Easement Agreement between Grantors and Grantee, hereby grants and conveys to GRANTEE, Jody Warren of 4331 West 1400 North, Plain City, Utah 84404, and his successors and assigns, a perpetual right and easement for an underground waterline, electrical power, associated utilities and appurtenances and for the construction, reconstruction, operation, maintenance, and if necessary the removal of the same (collectively "the Warren Pipeline Easement over, under, along and across a tract of land which is more particularly described as: See the attached Description for the Warren Pipeline Easement and the exhibit thereto, prepared by Surveyor Scherbel, LTD, which are found in Attachment 1 to this Grant of Easement, and incorporated herein by this reference. GRANTORS hereby relinquish and waive all rights under and by virtue of the homestead exemption laws of the State of Wyoming Subject to the restrictions set forth in the Easement Agreement between GRANTORS and GRANTEE, GRANTORS reserve the right to use said land for any and all legal purposes not inconsistent with the GRANTEES' rights under this easement, provided that GRANTORS shall not construct or cause to be constructed any permanent improvements or structures over said land without prior written consent of the GRANTEE. PARAGRAPH 2 OF EASEMENT AGREEMENT (DESCRIBING CONSIDERATION FOR EASEMENT) 2. CONSIDERATION FOR EASEMENT_ As consideration for the easement described above, Grantee or his agents and assigns shall bear all costs of (1) completing such land surveys as minimally required for the preparation of a legal description of the area affected by the easement described herein, (2) the initial installation of the waterline and related utilities and (3) the construction of associated infrastructure components (valves, pumps, electrical connections, meters, risers, etc.). In addition, Grantee, at such times and on such terms and conditions as Grantee may direct, will permit Grantors to use the mainline sprinkler heads on Grantee's property to access irrigation water from the East Side Canal to which Grantors have rights (independent of those of Grantee) according to the terms and conditions associated with those water rights and the conditions set forth herein or otherwise imposed by Grantee. Grantee agrees that Grantors may access Grantee's property for purposes as reasonably necessary to exercise the right to connect to the sprinkler heads as described herein. However, both parties agree that this agreement and the mainline sharing arrangement described herein will neither change the boundary between their properties nor give rise to any claim of prescriptive easement or adverse possession by Grantors. IN WITNESS WHEREOF, this Grant of Easement to Jody Warren has been executed by the undersigned Grantors this D-3 day of Jenuen 201/.3 STATE OF U -f. h ss. COUNTY OF icAA The foregoing instrument was acknowledged before me by Dean Jenkins this day of 2013 Witness my hand and official seal. STATE OF U1-11 COUNTY OFi`S Official Seal NOTARY PUBLIC JUSTIN BODILY 603567 COMMISSION EXPIRES NOVEMBER 22, 2014 STATE OF UTAH Sfficiatl Seal ss. The foregoing instrument was acknowledged before me by Elaine Jenkins this )-3 day of Tr.n urr,n 20183 Witness my hand and official seal. NOTARY PUBLIC JUSTIN BODILY 603567 COMMISSION EXPIRES NOVEMBER 2.2, 2014 STATE OF UTAH GRANTORS: Dean Je ns Elaine Jenkins otary Public Commission No. 2 2 Nguvr„b .er s My Commission expires: 2-" Nov obe` 2-® Not ublic Commission No. X 6 3 .n 1J0 0 1 (r, My Commission expires: 2-Q- Mu k -O/' Proffisswal Land Sarver= PAIL N. SCHERZO. Wyo Reptilian No 164 WA Reg50a1 o No. 1676 Wel.o Rwammtien W. 3990 Nonce Regioveram No 6806 SCOTT A SCREAM!. Wyo Regiyroalion No 3689 t9ah Registmlion Nu. 372111 IdnIN Rog.Nrallon No. 9016 MARLOWEA SCNERBEL Wyo. RegeWagon No. 0368 KARL F. SCHER3EL Wyo. Reg64raOon No. 11810 Mann 004.slration Na. 13493 CFEOS No. 1223 SuiveyorShcelbel. LN Afton. Vryoaxng erg Mom/ Wyouen9 Ja ksm. Wyamng Lava Hot 4119R;. Idaho klonlaelow.ldaho To -wit: ATTACHMENT 1 DESCRIPTION FOR WARREN PIPELINE EASEMENT JODY MARE WARREN AND KAMIE WARREN A strip of land, twenty (20) feet in width, for ingress, egress and utilities, over, under and across the NE; %SW;4 of Section 26, T35N RI I9W, Lincoln County, Wyoming, being ten (10) feet each side of the following described centerline: BEGINNING at the intersection of the west line of said NE! 0SW'h with an underground pipeline, NUU"- 08 -20 "W, 13/4.11 feet, from the southwest corner of the SE'ASW'Y4 of said Section 26: thence N89'-45'-49 41.30 feet, along said pipeline, to a position on the west bank oldie east side canal; the BASE BEARING for this survey is the south line of the SW1/4 of Section 26. T35N RI 19W, being S89 -33' 22 "E; the northerly and southerly nght -of -way lines of the above described easement to be shortened or lengthened as necessary to create- a continuous easement with a minimum width of twenty (20) feet to meet the west line of said NEV4SW: and the west bank of said East Side Canal; that it is intended that this description describe the centerline of an existing underground pipeline; should it be determined that the position of the actual pipeline differs from that described herein, the centerline of the actual pipeline automatically becomes the centerline of this description and easement; each "corer" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "intersection" and "position" is a calculated position with no monument found or set; all in accordance with the attached exhibit titled, "EXIIIBIT TO ACCOMPANY DESCRIPTION FOR JODY MARK WARREN AND KAMIE WARREN WARREN PIPELINE EASEMENT WITHIN THE NE1/4SW1/4 SECTION 26 T35N RII9W LINCOLN COUNTY, WYO dated 21 November 2012, us revised. 21 November 2012 Lana S "Modification in any way of the foregoing description terminates liability of the surveyor" forty Mork Warren ono' Komie Warren 412 PR 763 Posi /ion of Beginning Wan-en Pipeline Eosemenf 412 PR 763 20' Centerline of Warren Pipeline Easement DA IF. 2/ NoHvnber 2012 DRAW BY Kw/ F. Scheibe C.416 DY Karl F. cherbe✓ CATEGORY/PORT Felt/VTR f7EL0 BOOK ZR -10 CAttPuTER FILE Nfirrrre:nEose entoro NW1 /4SW1 /4 SW1 /4SW1 /4 40' cvn /t W1/16 S.26 SCALE.' .1" 20 S.35 H aI o a o ke h H 60' NE1 /4SW1/4 SEt /4SW1 /4 WARREN P /PEL /NE ENT N Headgote 4 Veen B. Jenkins and E /oine O. ✓er+kins ✓oint Litang Trust, doted 26 November 1.991 652 PR 11.9 buried electric line to pump house m ®power pole 652 PR 119 000'x LEGEND indicates o Comer Record fled or to be filed in the Office of the Clerk of Lincoln County. X indicates o calculated position, no monument found or set. indicates the west bank of the East Side Canal. -1 indicates an irrigation pipeline. H --I I indicates e an underground Pipeline Easement. the indicates on easement line. The Boss oring for this survey is the south line of the SW1 4 of Section 26. 735N R119W. being S891322" EXHIBIT TO ACCOMPANY DESCRIPTION FOR JODY MARK WARREN AND KAMIE WARREN WARREN PI P E L I NE EASEMENT WITHIN THE NE`1 /4SW1/4 SECTION 26 T35N R119W LINCOLN COUNTY, WYOMING Copyright 2012 by Surveyor Scherbel LTD. All rights reserved. ,Scat YEYOR ar.„ Jr,7',� LAM SWOOPS emanate BOX 9s BIG P/NEr MARBIEILW, f r )2.27x- JJI7.• BOX 725 AFTAU, fir III. 8.55-9J/$• A/1W !i7 Tf2. J07- 85-811.9 J4Ck'sai »v IEZ.7 5983 NOW1PELR 727.847 -M00