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HomeMy WebLinkAbout969347RECEIVED 2/6/2013 at 10:02 AM RECEIVING 969347 BOOK: 804 PAGE: 87 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY NARROWS RESERVOIR SUPPLY DITCH EASEMENT OOO8'°) KNOW ALL MEN BY THESE PRESENTS, That Alvin L. Robinson and Alice L. Robinson, Trustees of the Alvin and Alice Robinson Family Trust dated April 10, 1997, of Afton, Lincoln County, Wyoming, grantors, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations, the receipt whereof is hereby acknowledged, do hereby grant and convey unto Paul E. Meyer and Kimberly Ann Meyer, husband and wife, of 2269 West Henry Alice Court, West Jordan, UT 84084, grantees, a perpetual easement over, across and along a variable width strip of land for the purpose of operating, maintaining, and repairing the existing reservoir supply ditch and its point of diversion and related head gate and other equipment, sometimes known as the Narrows Reservoir Supply Ditch Easement, to provide water from the Salt River to lands owned by the grantees in Lincoln County, Wyoming, as more particularly described below, to enter upon the lands of the grantors, situate in the County of Lincoln, State of Wyoming, said strip of land being more particularly described as follows, to -wit: A variable width strip of land, for ingress and egress for the operation, maintenance and repair of the Narrows Reservoir Supply Ditch Easement, over, under and across the NE1 /4NE1/4 of Section 1, T33N, R119W, Lincoln County, Wyoming as more particularly described on the attached "Description for Paul E. Meyer and Kimberly Ann Meyer Narrows Reservoir Supply Ditch Easement" which is incorporated herein by this reference. 1. Purpose of the Easement. Grantees are hereby granted the right to operate, repair, replace, and maintain an existing water supply ditch and its point of diversion and related head gate and other equipment over, across and along the described easement to such extent as is deemed necessary to carry water from the Salt River to grantees' lands described below. Grantees are also granted the right to construct or install new or replacement head gates and other equipment as they deem necessary to carry the water to their land. Grantees agree that after any construction or maintenance they will restore the land to its previous condition as soon as possible and to the extent possible. 1 00088 2. Conditions of this Easement. The conditions of this easement are: a. Grantees shall not fence the easement without Grantors' prior, written consent. b. Grantees shall be responsible for and pay all costs of operating, repairing, maintaining, or constructing any and all improvements on the easement. c. Soil and any other debris from cleaning the ditch shall be spread evenly over the adjacent ground so that the ditch banks are not increased in height from cleaning the ditch. d. Grantees shall hold Grantors harmless from any liability, injury, damage or claim by any person whomsoever using the easement, whether or not such use is with or without the permission, consent or knowledge of the Grantees; excepting, however, any such claim arising from the use of the easement by the Grantors or by persons using the easement with the express permission of the Grantors. 3. Real Property Benefited by Easement. Grantees' land benefiting from the easement is described as follows: Lot 1 of Homestead at the Narrows, Lincoln County, Wyoming, as described on the official plat filed on March 13, 2007, as Instrument No. 927551 of the records of the Lincoln County Clerk. 4. 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. 5. Waiver of Homestead Rights. Grantors hereby waive and release all rights to said property under and by virtue of the homestead exemption laws of this state to the extent that such rights may interfere with the intent of this easement for the purposes stated herein. IN WITNESS WHEREOF, Grantors have executed this Narrows Reservoir Supply Ditch Easement as of the 4th day of February, 2013. 2 STATE OF WYOMING ss COUNTY OF LINCOLN GERALD L GOULDING County of Lincoln NOTARY PUBLIC State of Wyoming My Commission Expires May 2, 2015 My commission expires: May 2, 2015. CP,L 0.? 3 Alvin L. Robinson, Trustee Alice L. Robinson, Trustee 00089 On this 4th day of February, 2013, before me personally appeared Alvin L. Robinson and Alice L. Robinson, to me personally known, who, being by me duly sworn and put upon their oath, did say that they are the trustees of the Alvin and Alice Robinson Family Trust dated April 10, 1997, described in and which executed the foregoing instrument; that said instrument was signed and sealed on behalf of said trust; that said trustees had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledged said instrument to be the free act and deed of said trust. Given under my hand and notarial seal the day and year first above written in this certificate. c6 NOTARY PUBLIC Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 JIah Registration No. 1670 daho Registration No. 3990 Venda Registration No. 6605 ;COTTA. SCHERBEL Nyo. Registration No. 3689 Bah Registration No. 372111 daho Registration No. 8026 AARLOWE A. SCHERBEL Vyo. Registration No. 5368 .ARL F. SCHERBEL Vyo. Registration No. 11810 iaho Registration No. 13493 :FEDS No. 1223 urveyor Scheibe', LTD. lion. Wyoming Ig Piney, Wyoming ackson, Wyoming 800 Hot Springs, Idaho lontpelrer, Idaho DESCRIPTION FOR PAUL E. MEYER AND KIMBERLY ANN MEYER NARROWS RESERVOIR SUPPLY DITCH EASEMENT To -wit: A variable width strip of land, for ingress and egress for the operation, maintenance and repair of the Narrows Reservoir Supply Ditch Easement, over, under and across the NE'/4NE' /4 of Section 1, T33N RI 19W, Lincoln County, Wyoming, described as follows: BEGINNING at a position on the right bank of the Salt River, N57 31' -27 "E, 196.18 feet, from the southwest corner of said NE1/4NE1/4; thence N08 30' -37 "W, 122.28 feet, to a position thence N43 27' -10 "W, 21.72 feet, to a position; thence N 19 23' -20 "E, 92.51 feet, to a position; thence N38 42' -02 "W, 49.00 feet, to a position; thence N07 21' -26 "E, 49.79 feet, to a position; thence N19 39' -09 "W, 41.37 feet, to a position on the southeast line of Lot 1 of Homestead at the Narrows, of record in said Office with Accession No. 927551; thence S40 26' -09 "W, 107.98 feet, along said southeast line, to a position; thence S39 11' -07 "E, 78.61 feet, to a position; thence S20 38' -41 "W, 85.09 feet, to a position; thence S45 47' -22 "E, 39.06 feet, to a position; thence S08 18' -04 "E, 89.09 feet, to a position on said right bank; thence S76 03' -46 "E, 51.53 feet, along said right bank, to the POSITION OF BEGINNING; the BASE BEARING for this survey is the west line of the SW'/ of Section I, T33N R119W being N01 that it is intended that the east and west lines of the Narrows Reservoir Supply Ditch Easement be parallel with and offset twenty (20) feet from the actual bank of the Narrows Reservoir Supply Ditch, and is subject to change as said Ditch changes over time due to accretion and erosion of the banks of said Ditch and from routine maintenance of said Ditch; that it is intended that the southerly boundary of this description be identical with the right bank of the Salt River and is subject to change as said River changes over time due to accretion and erosion of the banks of said River; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "position" is a calculated position with no monument found or set; all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY DESCRIPTION FOR PAUL E. MEYER AND KIMBERLY ANN MEYER NARROWS RESERVOIR SUPPLY DITCH EASEMENT WITHIN THE NE1/4NE%4 SECTION 1 T33N R119W LINCOLN COUNTY, WYOMING dated 21 NoverpheL2012, as revised. ow Lana 21 November 2012? O V 0 G "Modification in any way of the foregoing description terminates liability of the surveyor" 000 SIV1/4NE BLM NWV4NE1/4 MEYER POND 04 Te• PRANV attemeire BY IFG'ORY/PORk 'MD S'OCRI• 1:131/P1/1FRBLE: 03'4 1( Jj (s. Paul E. Meyer Kimberly Ann Meyer 748 PR 453 NE1/4NE1/4 Alvin and Alice Robinson Family Trust Doted 10 April 1997 472 PR 485 NARROWS RESERVOIR SUPPLY DITCH EASEMENT Narrows Reservoir Supply Ditch culvert heodgote right bank of Salt River BLM SE1/4NE 7 SCALE: 1" 100' LINE TABLE 16 NMI 18 L9 110 BEARING NO810 N43'2710%1 N1973 N38'42'02W N07'21 '26E N19'39 S3911 07"E S20'38'41 "w S45'47'22"E S0818'04E DISTANCE 122.28 11111EMESI 92.51' 49.00' 41.37' 78.61' 85.09 39.06' 89.09' indicates o Corner Record on file in the Office of the Clerk of Lincoln County. indicates o 5/8" steel reinforcing rod with 2" aluminum cop inscribed "LLOYD B. BAKER AND ASSOCIATES PE/LS 698 THAYNE WYOMING'', found or of record. indicates a colculoted position, no monument found or set. indicotes banks of the Solt River or Narrows Reservoir Supply Ditch. indicates an eosement. indicates o deed line of record. The Base Bearing for this survey is the west line of the SW1(4 of Section 1, T3314 R119W, being N01•27'30 E. EXHIBIT TO ACCOMPANY DESCRIPTION FOR PAUL E. MEYER AND KIMBERLY ANN MEYER NARROWS RESERVOIR SUPPLY DITCH EASEMENT WITHIN THE NE1 /4 NE1 /4 SECTION 1 T33N R119W LINCOLN COUNTY, WYOMING cop y.igh t 20t2 by surveyor Scherbet LTD. All rights reserved. AcC AINVISCWAI 1449 S.RIOUPS 2.16" P.44¢7-41Aftite1014 ta..MS-J347" ear 4'5 Array orr TEL 86"5.9Ja 844' Jestg 4rAme- or In. $5i-e..rist .uorsat! n. J'544 41.6veztvem /22. 8#7-28j' 'oyember /rori Scherbe/ sr/ therbe/ zhcOrtia111111m. 27?-10 onoraserneo, 00091.