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HomeMy WebLinkAbout971028RECEIVED 5/17/2013 at 10:02 AM RECEIVING 971028 BOOK: 811 PAGE: 653 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY CONVEYANCE OF WATER WELL EASEMENTS AGREEMENT THIS CONVEYANCE OF WATER WELL EASEMENTS AGREEMENT, hereafter the "Agreement effective this 15th day of May, 2013, is by and between JEAN M. KRAUTTER and GAIL SUSAN ASBURY, TRUSTEES of the Krautter Family Trust u/t/a/ dated August 26, 1996, and any amendments thereto, and JEAN M. KRAUTTER AND GAIL SUSAN ASBURY, TRUSTEES of the Jean M. Krautter Living Trust dated August 26, 1996, as amended on May 28, 2009, and any amendments thereto, GRANTORS, and LT, LLC, a Wyoming limited liability company, GRANTEE, whose address is P. O. Box 4840, Jackson, WY 83001. WHEREAS, GRANTORS own real property in Alpine, Wyoming pursuant to a Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on May 2, 2013 in Book 810 at Pages 520 through 523 as Receiving No. 970772, a copy of which is attached hereto, said property hereafter the "GRANTORS' PROPERTY and WHEREAS, GRANTORS have a water well on GRANTORS' PROPERTY, said water well -being that which is referenced as Wyoming Water Right No. P184325.0W, known as the "Krautter Trees" facility, said well hereafter the "Well and WHEREAS, GRANTEE owns real property in Alpine, Wyoming pursuant to a Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on May 2, 2013 in Book 810 at Pages 516 through 519 as Receiving No. 970771, a copy of which is attached hereto, said property hereafter the "GRANTEE'S PROPERTY and WHEREAS, GRANTORS and GRANTEE have agreed that it will be mutually beneficial to grant an easement that will allow GRANTEE to have exclusive ownership of the Well located on GRANTORS' PROPERTY, along with access thereto for ingress, egress, and underground utilities to the Well pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, GRANTORS and GRANTEE hereby agree as follows: 1. TRANSFER OF WELL. GRANTORS, for themselves and their successors and assigns, hereby grant and convey to GRANTEE solely for the use and benefit of the GRANTEE'S PROPERTY the exclusive right to the well and all of the water therefrom that is located on the GRANTORS' PROPERTY, as shown on the Plat entitled "PLAT OF TRACTS AND EASEMENTS FOR KRAUTTER FAMILY TRUST DATED 25 AUGUST 1996 and LT, LLC within the NW! /4 SW1 /4NE1 /4, Section 15, T36N R119W, LINCOLN COUNTY, WYOMING" (the "Plat said Plat being that which was recorded in the land records of Lincoln County, Wyoming on May 10, 2013 as Receiving No. 970929, Plat No. 253 -C, a copy of which is attached hereto. CONVEYANCE OF WELL EASEMENTS AGREEMENT KRAUTTER, TRUSTEES LT, LLC PAGE 1 OF 7 00652 00654 2. EASEMENT ESTABLISHED. GRANTORS, for themselves and their successors and assigns, hereby grant and convey perpetual non- exclusive easements as follows: a. a well easement, for the continued operation, maintenance, repair, and replacement of the Well located on GRANTORS' PROPERTY, a 40 -foot by 40 -foot area equidistant from the present site of the wellhead of the Well, said easement being more particularly described in the "DESCRIPTION FOR LT, LLC WATER WELL ACCESS AGREEMENT dated 22 January, 2013 which is attached hereto, and as shown on the Plat; b. a utility and access easement, for ingress, egress, and underground utilities from the Well to the eastern boundary of GRANTORS' PROPERTY, 20 feet in width, in favor of and for the benefit of GRANTEE, for the GRANTEE'S PROPERTY, said easement being more particularly described in the "DESCRIPTION FOR LT, LLC WATER WELL ACCESS AGREEMENT dated 22 January, 2013, which is attached hereto, and as shown on the Plat; and c. a temporary construction easement, for 35 additional feet beyond the perimeter of the 40 -foot by 40 -foot well easement described above, for GRANTEE'S use as needed when maintaining, repairing, or replacing a well within the well easement, said temporary easement being more particularly described in the DESCRIPTION FOR LT, LLC WATER WELL ACCESS AGREEMENT dated 22 January, 2013, which is attached hereto, and as shown on the Plat. 3. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the mutual promises and agreements contained herein, and other valuable consideration, in hand paid, the receipt of which is hereby acknowledged, GRANTORS and GRANTEE state and declare that consideration has been provided to each of them for this Agreement. 4. EASEMENT COVENANTS. GRANTORS AND GRANTEE, for themselves and their successors and assigns, hereby agree: a. That GRANTORS' transfer of rights to the Well to GRANTEE are "where is, as is without any warranty. b. That hereafter, GRANTEE shall be entitled to exercise all rights of ownership of the Well, including the rights to change its use, expand its use, or otherwise utilize water from the Well except as expressly limited herein. c. That GRANTEE'S use of water from the Well shall be exclusively for the purposes of irrigation, domestic water, and other uses wholly and completely within and for the benefit of GRANTEE'S PROPERTY. This restriction in use is expressly intended to prohibit the sale, transfer, or conveyance of any of the water rights to any users or owners of contiguous land or other land outside of GRANTEE'S PROPERTY. Water from the Well may not be bottled, sold, or removed from GRANTEE'S PROPERTY for commercial or private purposes. CONVEYANCE OF WELL EASEMENTS AGREEMENT KRAUTTER, TRUSTEES LT, LLC PAGE 2 OF 7 a r- r d. That all costs and expenses related in any way to the Well, including but not limited to construction, drilling, casing, pumps, motors, wellhead equipment and protections and connections to GRANTEE'S PROPERTY, shall be the sole and exclusive responsibility of GRANTEE. e. That these right to the Well and the restrictions on water therefrom shall be deemed to run with both GRANTORS' PROPERTY and GRANTEE'S PROPERTY. f. That GRANTEE, at GRANTEE'S sole expense, shall keep the well easement and the utility and access easement in a neat and orderly condition: provided, however, that GRANTEE shall only be responsible for mowing and weed spraying, completed on a reasonably regular basis so that those easement areas do not become unsightly and /or do not cause the spread of non- native and /or noxious plants onto adjacent properties, only if those areas are fenced as provided herein; otherwise, GRANTOR shall be responsible for moving and weed spraying so that the easement areas so that those easement areas do not become unsightly and /or do not cause the spread of non native and /or noxious plants onto adjacent properties. g. That either GRANTORS or GRANTEE may improve the surface of the well easement and /or the utility and access easement, but as to GRANTORS, such right shall only continue if those areas are not fenced as allowed herein; provided, that any such improvements made within those easement areas shall be at the sole expense of the party making the improvements unless otherwise agreed to in writing; and provided, further, that no surface improvements shall impede the ability of GRANTEE to the use of the easements and the easement rights granted in this Agreement. Unless GRANTEE has consented in writing to surface improvements, GRANTEE shall only be responsible, to the extent practicable, for restoring and reclaiming the surface to the unimproved state existing at the time of the execution of this Agreement and shall not be liable for subsequent the improvements made to the easement areas. h. That either GRANTORS or GRANTEE may fence the boundaries of the well easement and /or the utility and access easement; provided, that such fencing shall be at the sole expense of the party erecting the fencing unless otherwise agreed to in writing. If fencing is erected, the party erecting the fencing shall provide keys to all gates so that all parties have access to the easement areas. Provided, that if the well easement is fenced, GRANTEE shall have exclusive right to the area inside the perimeter of the fence. i. That GRANTEE hereby acknowledges that GRANTORS have not made, and hereby do not make any representations whatsoever regarding GRANTEE'S right to enter onto U.S. Highway 89 right -of -way for the purposes of using the ingress and egress provided by the utility and access easement created herein. GRANTEE agrees to hold GRANTOR harmless for any inability of GRANTEE to use the ingress and egress provided herein arising from GRANTEE'S possible lack of legal access to the U.S. Highway 89 right -of -way. GRANTEE shall be solely responsible for the costs of CONVEYANCE OF WELL EASEMENTS AGREEMENT KRAUTTER, TRUSTEES LT, LLC PAGE 3 OF 7 U06 establishing any gate from the utility and access easement to the U.S. Highway 89 right of -way. That the utility and access easement may not be paved, surfaced, or otherwise changed from its natural condition without GRANTORS' written agreement consenting thereto. k. GRANTORS agree that neither GRANTORS, nor any employee or agent of GRANTORS, will interfere with GRANTEE'S use of the easement areas created herein, and that neither GRANTORS, nor anyone acting for or on GRANTORS' behalf, will take any action that interferes with GRANTEE'S construction, operation, repair, maintenance, or replacement of improvements authorized in this Agreement as long as GRANTEE is in compliance with the covenants, conditions, and restrictions herein stated. 1. GRANTORS reserve the right to improve, occupy and use the easement areas created herein for all purposes not inconsistent with the easements granted in this Agreement and reserves the right to the remedy of specific performance. 5. EASEMENTS TO RUN WITH THE LAND. The easements created herein shall run with the lands identified herein, and shall be binding on and shall inure to the benefit of GRANTORS and GRANTEE, and their respective successors and assigns. 6. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between GRANTORS and GRANTEE, and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding except to the extent incorporated in this Agreement. 7. MODIFICATION OF AGREEMENT. Any modification of this Agreement shall be binding only if evidenced by agreement in writing signed by the GRANTORS and GRANTEE or their successors and assigns. 8. WAIVERS. The failure of GRANTORS or GRANTEE to enforce the performance of the terms and conditions set forth herein, or their waiver of a breach of any of the terms and conditions set forth herein, shall not be construed as a continuing waiver of such failure or breach, and the terms and conditions shall remain in full force and effect as if no such forbearance or waiver had occurred. 9. WAIVER OF HOMESTEAD RIGHTS. GRANTORS and GRANTEE, for themselves and their successors and assigns, hereby waive any and all rights under and by virtue of the homestead exemption laws of the State of Wyoming to the extent that such rights may interfere with the purposes of the easement. 10. ATTORNEY'S FEES. GRANTORS and GRANTEE agree that should any litigation be commenced between them concerning this Agreement, or the rights and/or duties of CONVEYANCE OF WELL EASEMENTS AGREEMENT KRAUTTER, TRUSTEES LT, LLC PAGE 4 OF 7 them in relation thereto, including any action to collect sums due hereunder, the party prevailing in such litigation shall be entitled to a reasonable sum for attorney's fees. 11. EFFECTIVE DATE OF EASEMENT. This Agreement shall become effective upon recordation in the land records of Lincoln County, Wyoming. IN WITNESS WHEREOF, GRANTORS and GRANTEE have caused this Agreement to be signed on the dates indicated below. GRANTORS: WITNESS our hands this g 721.- day of April, 2013. Krautter Family Trust u /t/a/ dated August 26, 1996, and any amendments thereto AN M. KRA 1 TTER, TRUSTEE STATE OF MONTANA COUNTY OF LEWIS AND CLARK ACKNOWLEDGED before me this day of April, 2013 by Jean M. Krautter and Gail Susan Asbury, acting as Trustee of the Krautter Family Trust dated August 26, 1996, and any amendments thereto. WITNESS my hand and official seal. SS. My Commission expires: l 01 y 1, i!. SEAL op LINDSEY LEHMAN NOTARY PUBLIC for the State of Montana Residing at Helena, Montana My Commission Expires July 1, 2014 CONVEYANCE OF WELL EASEMENTS AGREEMENT KRAUTTER, TRUSTEES LT, LLC PAGE 5 OF 7 SAN ASBUR TRUST WITNESS our hands this «5 day of April, 2013. Jean M. Krautter Living Trust dated August 26, 1996, as amended on May 28, 2009, and any amendments thereto AN M. KRA TTER, TRUSTEE STATE OF MONTANA COUNTY OF LEWIS AND CLARK SS. ACKNOWLEDGED before me this t day of April, 2013 by Jean M. Krautter and Gail Susan Asbury acting as Trustees of the Jean M. Krautter Living Trust dated August 26, 1996, as amended on May 28, 2009, and any amendments thereto. WITNESS my hand and official seal. My Commission expires: �)L (j) S5 2pl I TARY LIC LINDSEY LEHMAN NOTARY PUBLIC for the State of Montana Residing at Helena, Montana My Commission Expires July 1, 2014 CONVEYANCE OF WELL EASEMENTS AGREEMENT KRAUTTER, TRUSTEES LT, LLC PAGE 6 OF 7 SAN ASBUR TRUS E 0065 GRANTEE: WITNESS my hand this,2 <Cray of April, 2013. LT, LLC, a Wyoming limited liability company NOS Notary Public Teton County, Wyo in My Commission Expires seal. My Commission expires:L3L10 iy STATE OF WYOMING )SS. COUNTY OF TETON ACKNOWLEDGED before me this" day of April, 2013 by Terry Ray as Manager of LT, LLC. CONVEYANCE OF WELL EASEMENTS AGREEMENT KRAUTIER, TRUSTEES LT, LLC PAGE 7 OF 7 JEAN M. KRAUTTER and GAIL SUSAN ASBURY, TRUSTEES of the Krautter Family Trust u /t/a/ dated August 26, 1996, and any amendments thereto, GRANTORS, of Lewis and Clark County, Montana, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, CONVEY AND QUITCLAIM to JEAN M. KRAUTTER and GAIL SUSAN ASBURY, TRUSTEES of the Krautter Family Trust u/t/a/ dated August 26, 1996, and any amendments thereto, and to JEAN M. KRAUTTER AND GAIL SUSAN ASBURY, TRUSTEES of the Jean M. Krautter Living Trust dated August 26, 1996, as amended on May 28, 2009, and any amendments thereto, GRANTEES, each an undivided one -half interest in the following described real estate, situate in the County of Lincoln, State of Wyoming, hereby waiving and releasing all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to -wit: That property described in the legal description titled, "DESCRIPTION FOR KRAUTTER FAMILY TRUST, DATED 26 AUGUST 1996 KRAUTTER FAMILY TRACT attached hereto. Together with and including all improvements thereon and all appurtenances and hereditaments thereunto belonging. Subject to all covenants, conditions, restrictions, easements, encumbrances, reservations, and rights -of -way of sight and /or record. WITNESS our hands this '1) 1 day of April, 2013. Krautter Family Trust u/t/a/ dated August 26, 1996, and any amendments thereto JEAN M. KRAUTTER, TRUSTEE STATE OF MONTANA SS. COUNTY OF LEWIS AND CLARK ACKNOWLEDGED before me this 6 day of April, 2013 by Jean M. Krautter and Gail Susan Asbury acting as Trustees of the Krautter Family Trust dated August 26, 1996, and any amendments thereto. WITNESS my hand and official seal. RECEIVED 5/2/2013 at 11:22 AM RECEIVING 970772 BOOK: 810 PAGE: 520 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY QUITCLAIM DEED AIL SUSAN ASBUR TRUS E NOTAR P JBLIC c ti My Commission expires: JLLL 2 0 1 Y v� ',,t y 11 LINDSEY LEHMAN NOTARY PUBLIC for the State of Montana Residing at Helena, Montana My Commission Expires July 1, 2014 006C 00520 4esslonal Land Surveyors JL N. SCHERBEL a. Registration No.164 h Registration No. 1870 ho Registration No. 3990 fade Registration No. 8805 OTT A SCHERBEL 0. Registration No. 3889 h Registration No. 372111 o Registration No. 8028 RLOWE A SCHERBEL o. Registration No. 5368 RL F. SCHERBEL D. Registration No.11810 o Registration No.13493 EDS No. 1223 veyor Scherbel, LTD. o, Wyoming Piney, Wyoming kson, Wyoming a Hot Sprigs, Idaho tpdder, Idaho DESCRIPTION FOR KRAUTTER FAMILY TRUST, DATED 26 AUGUST 1996 KRAUTTER FAMILY TRACT To -wit: That part of the NW' /4 of Section 15, T36N R119W, Lincoln County, Wyoming, described as follows: BEGINNING at the northwest corner of said NW'/; thence N89 53' -31 "E, 2173.79 feet, along the north line of said NW' /4, to an intersection with the westerly right -of -way line of US Highway 89; thence S03 13' -34 "E, 2187.24 feet, along said westerly right -of -way line to a spike at the intersection of said right -of -way line with the centerline of South Longview Road; thence along said centerline as follows: N87 10' -30 "W, 123.36 feet, to a spike at the beginning of a circular curve to the right; westerly, 60.56 feet, along the arc of said curve, through a central angle of 7 32' -34 with a radius of 460.00 feet and a chord bearing N83 24' -13 "W, 60.51 feet, to a spike; N79 37' -56 "W, 103.94 feet, to a spike at the beginning of a circular curve to the left; southwesterly, 243.04 feet, along the arc of said curve, through a central angle of 48 51'-39", with a radius of 285.00 feet and a chord bearing S75 56' -15 "W, 235.74 feet, to a spike; S51°-30'-26"W, 139.92 feet, to a spike at the beginning of circular curve to the right; southwesterly, 131.08 feet, along the arc of said curve, through a central angle of 11 44'-05", with a radius of 640.00 feet and a chord bearing S57 22' -28 "W, 130.85 feet, to a spike; S63 14' -31 "W, 528.70 feet, to a spike, and leave said centerline; thence S65 14' -23 "W, 141.86 feet, to a rebar on the south line of said NW'/; thence N88 38' -44 "W, 250.14 feet, along said south line, to the southeast point of Long View Ranch Subdivision, of record in said Office with Accession No. 802260; thence N00 49' -07 "E, 1900.64 feet, along the east line of said Long View Ranch Subdivision, to the northeast spike thereof; thence N88 37' -06 "W, 750.00 feet, along the north line of said Long View Ranch Subdivision and the north line of Long View Ranch Subdivision Second Filing, of record in said Office with Accession No. 872264, to the northwest point thereof on the west line of said NW1/4; thence N00 49' -58 "E, 735.94 feet, along said west line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 95.73 acres, more or less; the BASE BEARING for this survey is Grid North, as determined by GPS methods; "Modification in any way of the foregoing description terminates liability of the' surveyor" 6066 1.1052,1 'essional Land Surveyors IL N. SCHERBEL Registration No. 164 a Registration No. 1670 o Registration No. 3990 ada Registration No. 6805 TIT A. SCHERBEL i. Registration No. 3889 'Registration No. 372111 o Registration No. 8026 2LOWEA. SCHERBEL Registration No. 5368 21. E SCHERBEL Registration No. 11810 o Registration No. 13493 EDS No.1223 eyor Scheibe!, LTD. y, Wyoming 'iney, Wyoming son, Wyoming 1 Hot Springs, Idaho Ipetier, Idaho DESCRIPTION FOR KRAUTTER FAMILY TRUST, DATED 26 AUGUST 1996 KRAUTTER FAMILY TRACT PAGE TWO SUBJECT to that Right -of -Way Easement No. 1 of record in said Office in Book 570 of Photostatic Records on page 349; AND SUBJECT to a right of ingress, egress and utilities as described on the attached "DESCRIPTION FOR KRAUTTER FAMILY TRUST, DATED 26 AUGUST 1996 SOUTH LONGVIEW ROAD dated 22 January 2013; 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" and "intersection" 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 "spike" 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 11810 with appropriate details; each "rebar" marked by 5/8" steel reinforcing rod with an aluminum sury -kap survey marker inscribed, "SURVEY POINT PE /LS 3514 all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF TRACTS AND EASEMENTS FOR KRAUTTER FAMILY TRUST, DATED 25 AUGUST 1996 AND LT, LLC WITHIN THE NW1 /4 SW1 /4NE1 /4 SECTION 15 T36N R119W LINCOLN COUNTY, WYOMING dated 9 January 2013, as revised. "Modification in any way of the foregoing description terminates liability of the surveyor" ofesslonal Land Surveyors UL N. SCHERBEL to. Registration No. 164 rh Registration No. 1670 Ono Registration No. 3990 vada Registration No.6805 :OTTA. SCHERBEL ro. Registration No. 3889 rh Registration No. 372111 ho Registration No. 8026 diLOWEA. SCHERBEL 0. Registration No. 5368 d2L F. SCHERBEL 0. Registration No.11810 ho Registration No.13493 EDS No. 1223 veyor Scherbel, LTD. M, Wyombg Pitney, Wyoming dcson, Wyoming ra Hot Sprigs, Idaho nlpeller, Idaho DESCRIPTION FOR KRAUTTER FAMILY TRUST, DATED 26 AUGUST 1996 SOUTH LONGVIEW ROAD To -wit: A strip of land, sixty (60) feet in width, for ingress, egress and utilities over, under and across the NW' /4 of Section 15, T36N R119W, Lincoln County, Wyoming, being thirty (30) feet each side of the following described centerline: BEGINNING at a spike on the westerly right -of -way line of US Highway 89, NO3 13' -34 "W, 113.46 feet, from a marker at Station PT 2132 +62.22 50'LT; thence N87 10' -30 "W, 123.36 feet, to a spike at the beginning of a circular curve to the right; thence westerly, 60.56 feet, along the are of said curve, through a central angle of 7 32' -34 with a radius of 460.00 feet and a chord bearing N83 24' -13 "W, 60.51 feet, to a spike; thence N79 37' -56 "W, 103.94 feet, to a spike at the beginning of a circular curve to the left; thence southwesterly, 243.04 feet, along the arc of said curve, through a central angle of 48 -51'- 39", with a radius of 285.00 feet and a chord bearing S75 56' -15 "W, 235.74 feet, to a spike; thence S51°-30'-26"W, 139.92 feet, to a spike at the beginning of circular curve to the right; thence southwesterly, 131.08 feet, along the are of said curve, through a central angle of 11 -44'- 05", with a radius of 640.00 feet and a chord bearing S57 22' -28 "W, 130.85 feet, to a spike; thence S63 14' -31 "W, 528.70 feet, to a spike at the beginning of a circular curve to the right; thence southwesterly, 134.93 feet, along the arc of said curve, through a central angle of 28 -06'- 45", with a radius of 275.00 feet and a chord bearing S77 17' -53 "W, 133.58 feet, to a spike; thence N88 38' -44 "W, 248.22 feet, to a spike on the centerline of Longview Road, N00 °-49'- 07"E, 30.00 feet, from the southeast point of Lot 1 of Long View Ranch Subdivision, of record in the Office of the Clerk of Lincoln County with Accession No. 802260; the BASE BEARING for this survey is Grid North, as determined by GPS methods; the northerly and southerly right -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 sixty (60) feet to meet the westerly right -of -way line of said US Highway 89 and the easterly right -of -way line of said Longview Road; each "spike" 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 11810 with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF TRACTS AND EASEMENTS FOR KRAUTTER FAMILY TRUST, DATED 25 AUGUST 1996 AND LT, LLC WITHIN THE NW1/4 SW1 /4NE1 /4 SECTION 15 T36N R119W LINCOLN COUNTY, WYOMING dated 9 January 2013, as revised. "Modification in any way of the foregoing description terminates liability of the surveyor" JEAN M. KRAUTTER and GAIL SUSAN ASBURY, TRUSTEES of the Krautter Family Trust u/t/a/ dated August 26, 1996, and any amendments thereto; JEAN M. KRAUTTER AND GAIL SUSAN ASBURY, TRUSTEES of the Jean M. Krautter Living Trust dated August 26, 1996, as amended on May 28, 2009, and any amendments thereto, and NANCY CALHOUN, TRUSTEE of the Old Trapper Family Trust u/t/a dated June 1, 2009, GRANTORS, of Lincoln County, Wyoming, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, CONVEY AND QUITCLAIM to LT, LLC, a Wyoming limited liability company, GRANTEE, whose address is P. O. Box 4840, Jackson, WY 83001, the following described real estate, situate in the County of Lincoln, State of Wyoming, hereby waiving and releasing all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to- wit: That property described in the legal description titled, "DESCRIPTION FOR LT, LLC LT TRACT attached hereto. Together with and including all improvements thereon and all appurtenances and hereditaments thereunto belonging. Subject to all covenants, conditions, restrictions, easements, encumbrances, reservations, and rights -of -way of sight and/or record. WITNESS our hands this day of March, 2013. Krautter Family Trust u/t/a/ dated August 26, 1996, and any amendments thereto AN M. KRAUTTER, TRUSTEE STATE OF MONTANA RECEIVED 5/2/2013 at 11:08 AM RECEIVING 970771 BOOK: 810 PAGE: 516 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY QUITCLAIM DEED SS. COUNTY OF LEWIS AND CLARK ACKNOWLEDGED before me this day of March, 2013 by Jean M. Krautter and Gail Susan Asbury acting as Trustees of the Krautter Family Trust dated August 26, 1996, and any amendments thereto. WITNESS m hand and official seal. WANDAK. OLSEN NOTARY PUBLIC for the State of Montana Rend ng at East Helena, Montana My Commission Expires April 8, 2015 My Commission expires: 1 1^ C C ie GAIL'S SAN ASBURY, TRUSTEE L NOTARY PUBLIC u0516 60664 WITNESS our hands this ,911' day of March, 2013. Jean M. Krautter Living Trust dated August 26, 1996, as amended on May 28, 2009, and any amendments thereto JEAN M. KRAUTTER, TRUSTEE AIL SUSAN AS TR STEE STATE OF MONTANA COUNTY OF LEWIS AND CLARK ACICNOWLEDGED before me this day of March, 2013 by Jean M. Krautter and Gail Susan Asbury acting as Trustees of the Jean M. Krautter Living Trust dated August 26, 1996, as amended on May 28, 2009, and any amendments thereto. WITNESS my hand and official seal. WANDA K. OLSEN NOTARY PUBLIC for the State of Montana Resid ng at East Helena, Montana My Commission Expires April 8, 2015 SEAL OF My Commission expires: ri I 5 WITNESS my hand this day of March, 2013. Old Trapper Family Trust dated June 1, 2009, and any amendments thereto .j ,3r NANCY C(A IHOUN, TRUSTEE STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me this 1 4 4 day of March, 2013 by Nancy Calhoun as Trustee of the Old Trapper Family Trust dated June 1, 2009, and any amendments thereto. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of :'f State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: 07 /1 //S ()L_,,et 1_36 NOTARY PUBLIC ssional Land Surveyors N. SCHERBEL Registration No.164 Registration No. 1670 Registration No. 3990 0 Registration No. 6805 TA. SCHERBEL Registration No. 3889 Registration No. 372111 Registration No. 6026 OWE A. SCHERBEL Registration No. 8368 F. SCHERBEL Registration No. 11810 Registration No.13493 iS No. 1223 tor Scherbel, LTD. Wyoming Rey, Wy 00110 g m, Wyoming rot Springs. Idaho slier, Idaho DESCRIPTION FOR LT, LLC LT TRACT To -wit: That part of the E %2NW' /4 of Section 15, T36N R119W, Lincoln County, Wyoming, lying and being situate easterly of the east right -of -way line of US Highway 89 and northerly of the centerline of Aspen Lane, it being the intent to more correctly described Parcel 2 in that document of record in the Office of the Clerk of Lincoln County in Book 726 of Photostatic Records on page 323, as follows: BEGINNING at the northeast corner of said E' /2NW %4; thence S01 10' -16 "W, 1354.15 feet, along the east line of said E %zNW%4, to the southeast corner of the NE%4NW' /4; thence S01 14' -35 "W, 649.66 feet, along said east line, to an intersection with the centerline of said Corral Road; thence along said centerline as follows: S24 06' -24 "W, 68.39 feet, to a spike; S30 36' -26 "W, 187.90 feet, to a spike; S27 23' -31 "W, 136.20 feet, to a spike; S24 04' -11 "W, 161.36 feet, to an intersection with the centerline of Aspen Lane, and leave the centerline of Corral Road; thence S46 59' -40 "W, 50.62 feet, along the centerline of Aspen Lane, to an intersection with the easterly right -of -way line of US Highway 89, the beginning of a non tangent circular curve to the left, whose radius point bears S89 07' -59 "W; thence northerly, 237.98 feet, along the arc of said curve, through a central angle of 02 21'-33", with a radius of 5779.58 feet, with a chord bearing NO2 02' -47 "W, 237.96 feet, to a marker at Station PT 2132 +62.22 50'RT; thence NO3 13' -34 "W, 2295.26 feet, along said right -of -way line, to an intersection with the north line of said E %2NW%4, and leave said right -of -way line; thence N89 53' -31 "E, 468.53 feet, along said north line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 19.94 acres, more or less; the BASE BEARING for this survey is Grid North as determined by GPS methods; SUBJECT to that right -of -way easement for Corral Road of record in said Office in Book 426 of Photostatic Records on page 551; AND SUBJECT to that right -of -way easement for Aspen Lane of record in said Office in Book 333 of Photostatic Records on page 205; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across said Corral Road and Aspen Lane; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; "Modification in any way of the foregoing description terminates liability of the surveyor" Mona! Land Surveyors N. SCHERBEL registration No.164 logistratlon No.1670 Registration No. 3990 Registration No. 6805 rA. SCHERBEL tegistra4on No. 3889 egistralion No. 372111 3eglstration No. 8026 )WE A. SCHERBEL tegistrallon No. 5368 F. SCHERBEL teglsiration No. 11810 2eglstralion No. 13493 S No. 1223 or Scherbel, LTD. Nyomin9 ey, Wya dng n, Wyoming of Springs, Idaho liar, Idaho DESCRIPTION FOR LT, LLC LT TRACT PAGE TWO each "spike" and "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 11810 with appropriate details; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; each "marker" marked by a 2%2" aluminum pipe with 31/4" aluminum cap inscribed "WYOMING DEPT OF TRANSPORTATION ROW MONUMENT with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF TRACTS AND EASEMENTS FOR KRAUTTER FAMILY TRUST, DATED ST 1996 AND LT, LLC WITHIN THE NW1 /4 SW1 /4NE1 /4 SECTION 15 s COLN COUNTY, WYOMING dated 9 January 2013, as revised. 22 April 20 22 January 2 "Modification in any way of the foregoing description terminates liability of the surveyor" 60519 1.4 CA Al PII !I!!I Idr !TRIM 4 ,100 MIEN OPP !ET IMPIT t `a6 il tiv lap :119 !gip' IR h JO 1 i MD '.,3 t y gi 4844 4 x n nc u ..%03 mat 4 !111011PIPM MIMI!! L. i I I I! 1! nR �sv,r. eirP5 K Esknn W Ok 1 pig ��E ral Land Surveyors SCHERBEL istration No. 164 slratlon No. 1670 listralion No. 3990 ,castration No. 6805 .SCHERBEL istration No. 3889 isbatIon No. 372111 listralbn No. 8026 /E A. SCHERBEL listratlon No. 5368 SCHERBEL listralion No. 11810 gistration No. 13493 No. 1223 Scherbel, LTD. coming r, Wyoming Wyoming Springs, Idaho sr. Idaho DESCRIPTION FOR LT, LLC WATER WELL AND ACCESS EASEMENT To -wit: A right of ingress, egress and utilities over, under and across a rectangular parcel of land within the E1/4NW1/4 of Section 15, T36N R119W, Lincoln County, Wyoming, described as follows: BEGINNING at a point, S19 19' -41 "W, 1598.97 feet, from the northeast corner of said EIYNW' /4; thence S03 13' -34 "E, 80.00 feet, to a point; thence S86 46' -26 "W, 80.00 feet, to a point; thence NO3 13' -34 "W, 80.00 feet, to a point; thence N86 46' -26 "E, 80.00 feet, to the POINT OF BEGINNING; the BASE BEARING for this survey is Grid North as determined by GPS methods; TOGETHER with a strip of land thirty -five (35) feet in width, parallel with and offset thirty-five (35) feet from the above described Permanent Well Easement, for the purpose of temporary construction activities related to the existing water well, including, but not limited to, routine operation and maintenance, repair and re- drilling; AND TOGETHER with a right of ingress, egress and utilities over, under and across a strip of land, twenty (20) feet in width, described as follows: BEGINNING at a point on the east line of the above described PERMANENT WELL EASEMENT, S03 13' -34 "E, 30.00 feet, from the northeast point thereof; thence N86 46' -26 "E, 45.45 feet, to a point on the westerly right -of -way line of US Highway 89; thence S03 13' -34 "E, 20.00 feet, along said right -of -way line, to a point; thence S86 46' -26 "W, 45.45 feet, to a point; thence NO3 13' -34 "W, 20.00 feet, to the POINT OF BEGINNING; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under, and across the above described WATER WELL AND ACCESS EASEMENT; each "comer" found as described in the Comer 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 11810 with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF TRACTS AND EASEMENTS FOR KRAUTTER FAMILY TRUST, DATED 25 AUGUST 1996 lI:l WITHIN THE NW1 /4 SW1 /4NE1 /4 SECTION 15 T36N R119W LINCOL NG dated 9 January 2013, as revised. 22 January 201 "Modification in any way of the foregoing description terminates liability of the surveyor"