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Home My WebLink About970938IRRIGATION FACILITIES EASEMENT Know All Men By These Presents, Kristi Heiner, 3549 County Road 123, Bedford, Wyoming 83112, (the "Grantor in exchange for Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby grants, bargains, sells and conveys unto Dick R. Heiner and Diana L. Heiner, Husband and Wife, 3193 County Road 123, Bedford, WY 83112 and to Dick R. Heiner, the acting trustee and his successors in trust of the Gwen R. Heiner Trust dated 3 December 2007, (collectively referred to as the "Grantees their successors and assigns, the easement and right to erect, install, construct, operate and maintain the hereinafter described irrigation facilities and equipment and all appurtenances thereto, necessary or convenient to Grantees in the use of said irrigation facilities and equipment at or near the location and along the general course now located, over and upon that certain tract of land situated and described as follows: Please see the attached Exhibit A, entitled: "DESCRIPTION FOR DICK R. HEINER AND DIANA L. HEINER AND RALPH S. HEINER TRUST, DATED 3 DECEMBER 2007 AND GWEN R. HEINER TRUST, DATED 3 DECEMBER 2007 FROM GAYLON HEINER AND KRISTI HEINER TWENTY (20) FOOT IRRIGATION EASEMENT" Hereby releasing and waiving for the purposes of this Facilities Easement, all rights under and by virtue of the homestead exemption laws of the State of Wyoming. 1 I) 0 335 DATED: this r day of 21 2013. 1)0 336 Said irrigation facilities and equipment shall benefit and run with the following real property situated in T33N, R118W, 6th P.M. Lincoln County, Wyoming: 1) NE1 /4NE1 /4, SECTION 9 2) SE1 /4NE1 /4, SECTION 9 3) NW 1 4NW 1 4, SECTION 10 4) NE 1 4NW 1 4, SECTION 10 5) NW 1 4NE 1 4, Section 10 The Grantor hereby agrees not to make any improvements or construct anything on top of said Easement. Further, Grantor hereby grants to the Grantees the free and uninterrupted use of the surface of the ground, together with free ingress, egress and regress to and from the same as indicated on Exhibit A for Grantees, their agents, employees, workmen, and representatives as by whom it shall be necessary or convenient at all times and seasons; together with the right to reconstruct, repair, and replace said irrigation facilities and equipment (with the same or different size facilities and equipment, whether larger or smaller) and the right to remove the same. TO HAVE AND TO HOLD all and singular the rights, easements, and privileges aforesaid unto the Grantees, their successors and assigns, forever and in perpetuity. 2 ./L Kri ?ti Heiner STATE OF WYOMING COUNTY OF LINCOLN SS ACKNOWLEDGED, signed and sworn before me by Kristi Heiner, on this 5 day of )2/ r_ f 2013. WITNESS my hand and official seal. •Notary Public My commission expires: 3 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 To -wit: DESCRIPTION FOR DICK R. HEINER AND DIANA L. HEINER DICK HEINER TRACT- ADJUSTED That part of the NE1/4NE1/4 and that part of the NW'/4NE%4 of Section 10, T33N R118W, Lincoln County, Wyoming, being all of that tract of record in the Office of the Clerk of Lincoln County in Book 789 of Photostatic Records on page 722, and that part of vacated Lot 105 and that part of vacated Open Space Lot 108 of Pine View Airpark Second Filing, a subdivision of record in said Office with Accession No. 950153, lying and being situate west of the west right -of -way line of Noble Lane within said NE' /4NE'/4, described as follows: BEGINNING at the northeast corner of said NW' /4NE'/4, identical with the northeast corner of said tract in Book 789; thence N89 39' -21 "E, 11.55 feet, along the north line of said NE1/4NE1/4, to a point on the west right -of -way line of said Noble Lane; thence along said west right -of -way line as follows: E EXHIBIT A S01 53' -29 "E, 263.55 feet, to apoint; S00 13' -45 "E, 888.90 feet, to a point; S27 20' -37 "E, 113.03 feet, to a point; S18 48' -17 "E, 73.82 feet, to a position on the south line of said NE1/4NE1/4, and leave said right -of -way line; thence S89 34' -46 "W, 100.09 feet, along said south line, to the southwest corner thereof; thence continuing S89 34' -46 "W, 330.00 feet, along the south line of said NW' /4NE'/4, to the southwest point of said tract in Book 789; thence N00 01' -28 "E, 1323.69 feet, along the west line of said tract in Book 789, to the northwest point thereof on the north line of said NW1/4NE1/4; thence N89 39' -21 "E, 330.00 feet, along said north line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 10.84 acres, more or less; the BASE BEARING for this survey is the west line of the NW1/4 of Section 10, T33N R1 18W, being S00 09' -37 "E; TOGETHER with a right of ingress, egress and utilities over, under and across the SW1/2NE1/4 of said Section 10, being a strip of land sixty (60) feet in width, with the west line described as follows: BEGINNING at the intersection of the west line of said SW3/4NE1/4 with the centerline of Bedford- Turnerville County Road No. 12 -123, N00 06' -39 "W, 679.51 feet, from the southwest corner of said SW'/4NE1/4; thence N00 06' -39 "W, 645.49 feet, along said west line, to the northwest corner of said S W' /4NE' /4; the east right -of -way line of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of sixty (60) feet to meet the north line of said SW1/4NE1/4 and the centerline of said County Road No. 12 -123; "Modification in any way of the foregoing description terminates liability of the surveyor" 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 DICK R. HEINER AND DIANA L. HEINER DICK HEINER TRACT ADJUSTED PAGE TWO each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; 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 or 11810 with appropriate details; each "intersection" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 or 11810 with appropriate details; each "position" is a calculated position with no monument found or set; all in accordance with that plat of record in the Office of the Clerk of Lincoln County titled, "PINE VIEW AIRPARK THIRD FILING, A SUBDIVISION PART OF LOTS 105 AND OPEN SPACE LOT 108 OF PINE VIEW AIRPARK SECOND FILING WITHIN THE NE1/4 SECTION 11 118W LINCOLN COUNTY, WYOMING dated 24 October 2012, as rev n No. 968097. 28 November 20 "Modification in any way of the foregoing description terminates liability of the surveyor" 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 DICK R. HEINER AND DIANA L. HEINER AND RALPH S. HEINER TRUST, DATED 3 DECEMBER 2007 AND GWEN R. HEINER TRUST, DATED 3 DECEMBER 2007 FROM GAYLON HEINER AND KRISTI HEINER TWENTY (20) FOOT IRRIGATION EASEMENT To -wit: 3 .0 A strip of land, twenty (20) feet in width, for ingress, egress and utilities, over, under and across the north twenty (20) feet of the SW1/4NE1/4 of Section 10, T33N R118W, Lincoln County, Wyoming, in order to operate, maintain and repair an irrigation pipeline; all in accordance with that plat of record in the Office of the Clerk of Lincoln County titled, "PINE VIEW AIRPARK THIRD FILING, A SUBDIVISION PART OF LOTS 105 AND OPEN SPACE L! OF PINE VIEW AIRPARK SECOND FILING WITHIN THE NE %4 SECTI• 1 it*VSWW4 18W LINCOLN COUNTY, WYOMING dated 24 October 2012, as FVgichl •`f .n No. 968097. .kr 11810 28 November 20 "Modification in any way of the foregoing description terminates liability of the surveyor"