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HomeMy WebLinkAbout971627RECEIVED 6/24/2013 at 12:05 PM RECEIVING 971627 BOOK: 814 PAGE: 231 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT effective this /b'44 day of June, 2013, is by and between SUSAN S. DOHERTY, TRUSTEE of the Exemption Trust established under The Doherty Family Revocable Trust dated May 14, 1998, 21857 Road 211, Friant, California 93626, hereafter referred to as "Doherty and ALVIN L. ROBINSON and ALICE L. ROBINSON, TRUSTEES of the Alvin and Alice Robinson Family Trust dated April 10, 1997, as to an undivided 50% interest, and LANCE P. ROBINSON and MELANIE ROBINSON, TRUSTEES of the Lance P. Robinson and Melanie Robinson Family Trust dated March 29, 2011, as to an undivided 50% interest, c/o P.O. Box 677, Afton, Wyoming 83110, hereafter referred to as "Robinson WHEREAS, Doherty owns the property described in the Trust Transfer Warranty Deed that was recorded in the land records of Lincoln County, Wyoming, on December 5, 2011, in Book 777 at Pages 372 through 377 as Receiving No. 962215, a copy of which is attached hereto, hereafter the "Doherty Property and WHEREAS, Robinson owns the property described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on October 27, 2011, in Book 775 at Pages 254 and 255 as Receiving No. 961619, a copy of which is attached hereto, hereafter the "Robinson Property and WHEREAS, Doherty and Robinson have agreed to the creation of an easement running from Bitter Creek Road County Road No. 12 -140 across the Doherty Property to the Robinson Property to provide for non exclusive ingress, egress, and underground utilities to the Robinson Property. NOW, THEREFORE, Doherty and Robinson hereby agree as follows: 1. EASEMENT ESTABLISHED. Doherty, for herself and her successors and assigns, hereby grants and conveys a perpetual non exclusive easement for ingress, egress, and underground utilities across a portion of the Doherty Property in favor of and for the benefit of the adjoining Robinson Property, said easement being more particularly described in the "DESCRIPTION FOR ALVIN AND ALICE ROBINSON FAMILY TRUST, DATED 10 APRIL 1997 LANCE P. AND MELANIE ROBINSON FAMILY TRUST, DATED 29 MARCH 2011 ROBINSON EASEMENT which is attached hereto. 2. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the mutual promises and agreements of the parties hereto, and other valuable consideration, in hand paid, the receipt of which is hereby acknowledged, Doherty and EASEMENT AGREEMENT DOHERTY, TRUSTEE ROBINSON, TRUSTEES, ET AL. PAGE 1 OF 6 00231. t 023 Robinson state and declare that consideration has been provided to each of them for this Agreement. 3. EASEMENT COVENANTS. The parties, for themselves and their successors and assigns, hereby agree: a. Except for temporary obstructions required for the purposes of maintaining and improving the easement, and installing and maintaining, repairing, and replacing underground utilities therein, the easement shall not be obstructed in any manner that would impede free ingress and egress of the parties hereto, or of any other person or persons with right of ingress and egress in the easement. Easement maintenance and improvement, and utility installation, maintenance, repair, and replacement shall be done in a manner that minimizes any inconvenience to all who are authorized to use the easement for ingress and egress. b. That the easement shall be used by the parties hereto for private and commercial ingress and egress, but such use shall not occur in such manner that the use interferes with any party's or any other persons rights to use of the easement. c. The parties agree that the road constructed in the easement shall be maintained so that the road remains reasonably passable. The costs of road maintenance shall be shared equally by all property owners who use the road for ingress and egress to their properties. The property owners using the road for ingress and egress shall consult with the other property owners using the road for ingress and egress regarding proposed maintenance before any maintenance is completed on the road. Absent agreement on road maintenance between the property owners using the road, any party that causes road maintenance to be completed shall be responsible for the costs of that road maintenance. All amounts due to a contractor for any road maintenance shall immediately be remitted for payment by the party or parties responsible therefor. No party shall allow any lien to attach to the road as a result of any maintenance on the road. Should a lien attach to the road, any party or parties may, but are not obligated, to pay the lien. The party or parties responsible for paying for the maintenance that gave rise to the lien shall be responsible for the lien amount and all interest, attorney's fees, and all other costs arising from the lien. d. The road within the easement shall have snow plowed or removed in whatever manner is agreed by the parties in writing. Absent written agreement, each party shall be responsible for whatever snow plowing that party determines is necessary for access to their property and no other party shall be held responsible for the costs of plowing or removing snow. EASEMENT AGREEMENT DOHERTY, TRUSTEE ROBINSON, TRUSTEES, ET AL. PAGE 2 OF 6 e. Any improvements made within the easement shall be at the sole expense of the party making the improvements unless otherwise agreed to in writing. f. Each party hereto agrees to indemnify and hold harmless the other parties from any and all liability for personal injury or property damage that results from, arises out of, or may be attributed to any use of the easement unless such injury or damage is recklessly or intentionally caused. g. The road within the easement shall be maintained as a private, not a county road, unless otherwise agreed to by all parties hereto. 4. EASEMENT TO RUN WITH THE LAND. The easement created herein shall run with the lands identified herein, and shall be binding on and shall inure to the benefit of the parties to this Agreement, and their respective successors and assigns. 5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties 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. 6. MODIFICATION OF AGREEMENT. Any modification of this Agreement shall be binding only if evidenced by agreement in writing signed by the parties hereto or their heirs and successors and assigns. 7. WAIVERS. The failure of any party to this Agreement to enforce the performance of the terms and conditions set forth herein, or a 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. 8. WAIVER OF HOMESTEAD RIGHTS. The parties, 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. 9. ATTORNEY'S FEES. The parties agree that should any litigation be commenced between the parties concerning this Agreement, or the rights and /or duties of 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. IN WITNESS WHEREOF, each party to this Agreement has caused it to be signed on the dates indicated below. EASEMENT AGREEMENT DOHERTY, TRUSTEE ROBINSON, TRUSTEES, ET AL. PAGE 3 OF 6 DOHERTY: ,1211-4v-et-n-- STATE OF CALIFORNIA SS. COUNTY OF FRESNO SUSAN S. DOHERTY, TRUS of the Exemption Trust establish under The Doherty Family Revocable Trust dated May 14, 1998 ACKNOWLEDGED before me on this, the day of June, 2013, by SUSAN S. DOHERTY, TRUSTEE of the Exemption Trust established under The Doherty Family Revocable Trust dated May 14, 1998, pursuant to authority provided to her in said Trust. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. My Commission expires: NOTARY PUBLIC EASEMENT AGREEMENT DOHERTY, TRUSTEE ROBINSON, TRUSTEES, ET AL. PAGE 4 OF 6 DATE CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT �'•cY�cAica�co a c�c� a cC "c C2r•C> State of California County of l 14,5 On ti—K? Date before me, e �GR�, G 4 e' /L f ers,� t 6 Here Insert Name and Title of the Offi er personally appeared v t 6-14 f�' G RICHARD KEVIN HOWARD Commission 1935325 Notary Public California Fresno County My Comm. Expires Ma 7, 2015 ([C Place Notary Seal Above Corporate Officer Title(s): [1 Individual [1 Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: z z Capacity(ies) Claimed by Signer(s) Signer's Name: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signature: OPTIONAL 2010 National Notary Association NationalNotary.org 1- 800 -US NOTARY (1 -800- 876 -6827) Name) of Signer(?) Signer Is Representing: \-.F\- who proved to me on the basis of satisfactory evidence to be the person whose name( is /aye subscribed to the within instrument and acknowledged to me that I}e/she /tli executed the same in hieher/t4eit authorized capacity(ip and that by hi/her /their signature(?) on the instrument the person( or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public CIVIL CODE 1189 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Signer's Name: Corporate Officer Title(s): Individual Partner Limited General Attorney in Fact Trustee Guardian or Conservator Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here o Item #5907 ROBINSON: ALVIN L. ROBINSON, RUSTEE of the Alvin and Alice Robinson Family Trust dated April 10, 1997 ALICE L. ROBIN ON, TRUSTEE of the Alvin and Alice Robinson Family Trust dated April 10, 1997 STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 5r day of May, 2012 by ALVIN L. ROBINSON and ALICE L. ROBINSON, TRUSTEES of the Alvin and Alice Robinson Family Trust dated April 10, 1997, pursuant to authority provided to them in said Trust. WITNESS my hand and official seal. NOTARY PU My Commission expires: ,5-/,,-/i/ EASEMENT AGREEMENT DOHERTY, TRUSTEE ROBINSON, TRUSTEES, ET AL. PAGE 5 OF 6 DATE: i� DATE: J— PAM NEE;EKL"t NOTARY PUBLIC County of State of Lincoln 1'-s.r,_o Wyoming My Commission Expires March 13, 2014 5 Te DATE: LANCE P. ROBINSON, TRUSTEE of the Lance P. Robinson and Melanie Robinson Family Trust dated March 29, 2011 M LANIE ROBINSON, TR STEE of the Lance P. Robinson and Melanie Robinson Family Trust dated March 29, 2011 STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the ,2 day of May, 2012 by LANCE P. ROBINSON and MELANIE ROBINSON, TRUSTEES of the Lance P. Robinson and Melanie Robinson Family Trust dated March 29, 2011, pursuant to authority provided to them in said Trust. WITNESS my hand and official seal. My Commission expires: J l 3-2/ EASEMENT AGREEMENT DOHERTY, TRUSTEE ROBINSON, TRUSTEES, ET AL. PAGE 6 OF 6 DATE: c NOTARY PUBLI PAM NEBL It1. -R NOTARY PUBLIC County of Lincotn State of MxV• Wyoming My Commission Expires March 13, 2014 TRUST TRANSFER WARRANTY DEED 3 00372 SUSAN S. DOHERTY, Successor Trustee of The Doherty Family Revocable Trust dated May 14, 1998 Grantor of Madera County, California, without consideration, CONVEYS AND WARRANTS TO SUSAN S. DOHERTY, Trustee of the Exemption Trust established under The Doherty Family Revocable Trust dated May 14,1998 Grantee, whose address is 21857 Road 211, Friant, California, 93626, the following described real estate, situate in Lincoln County and State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the state to wit: STATE OF CALIFORNIA COUNTY OF FRESNO Witness my hand and official seal. SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN WITNESS my hand this ,,7 A. day of November, 2011. 1 1.1 tL SUSAN S. DOHERTY, Successor of The Doherty Family Revocable Trust s May 14, 1998 RECEIVED 12/5/2011 at 12:23 PM RECEIVING 962215 BOOK: 777 PAGE: 372 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY On N i,t 1)t, 2011, before me, LZ t\CP44 13c. t- L A- Notary Public, personally appeared SUSAN S. DOHERTY who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that ht/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. UNOA O. BENNETT NOTARY PUSUC.CAUFORNIA COMMISSION 1 1948284 E FRESNO COUNTY My Comm. Exp, August 15, 2015 N. ary Public Signature NOTARY PUBLIC SEAL Real Property Description The property is situated in the County of Lincoln, State of Wyoming, and described as follows: T31N R119W of the 6 P.M., Lincoln County, Wyoming Section 22: GLO Lot 5, GLO Lot 6 and GLO Lot 7. Section 27: EXHIBIT "A" 00373 GLO Lot 1, NE' /4NW1/4, NW' /<NE' /4, AND That portion of the SW'/NE% lying and being situate north of the existing east/west fence line. EXCEPTING THEREFROM the following described land: That portion of the NE'/ +NW'/. and NW'/NE1/4 of said Section 27, lying and being situate north of the existing east/west fence line. Section 23: That part of the S %2NW' of Section 23, described on attached exhibit prepared by Surveyor Scherbel, Ltd., titled, "Description for James Ivan Ridge Trust, a Revocable Living Trust, U /A/D dated 21 December 1999 Doherty Tract dated 3 November 2004. X 0239 AND That part of the S %VSW' of Section 23, described on attached exhibit prepared by Surveyor Scherbel, Ltd., titled, "Description for James Ivan Ridge Trust, a Revocable Living Trust, U /A/D dated 21 December 1999 Big Ridge Road Tract dated 3 November 2004. 2 EXHIBIT "A" Real Property Description (Continued) Thal part of the S %,NWy of Section 23. T3IN RI19W. Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 443 of Photostatic Records on page 129, described as follows: BEGINNING at the northwest corner of said S%,NW'/r thence N89 29' -33 "E, 1275.60 feet, along the north line of said SYNW' to a point on the westerly right -of -way line of Bitter Creek County Road No. 12.140; thence continuing, N89'- 29' -33 "E, 31.58 feet, along said north lino, to a spike on the centerline of said Bitter Creek County Road; thence continuing, N89 29' -33 "E, 24.69 feet, along said north line, to the northeast comer of the S W' /.NW' of said Section 23; thence S00'- 32' -44 "W, 71.18 feet, along the east line of said SW' /,NW' to a spike on said centerline; thence S1 80-41'-47"E, 367.05 feet, along said centerline, to a spike; thence S1 1 49' -59 "E, 109.31 feet, along said centerline, to a spike at the beginning of a circular curve to the loft; thence southeasterly, 368.25 feet, along the arc of said curve through a central angle of 03°- 42' -30" having a radius of 5689.67 feel, to a spike at the intersection of said centerline and that tract of record in said Office in Book 497 of Photostatic Records on page 346; thence S89°- 27' -26"W, 31.05 feet, to a point on said westerly tight -of -way line; thence continuing S89 27' -26 "W, 203.91 feet, to a point on the east line of said S W %N W'''h; thence S00°- 32' -44 "W, 278.98 feet, along said cast line, to a point and leave said east lint; thence S89 26' -34 "W, 1333.33 feel, parallel with the south line of said SW%,NW' to a point on the west line thereof; thence N00°- 36'.58"E, 1166.01 feet, along the west lint of said SW %.NW to the CORNER OF BEGINNING; ENCOMPASSING an arca of 38.00 acres, more or less; the BASE BEARING for this stuvey is the west line of the NW% of Section 23, T3IN R119W, being N00 36' -58 "E; 3 00374 EXHIBIT "A" Real Property Description (Continued) RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across a sixty (60) foot strip of land with the centerline described as follows: BEGINNING at a spike on the centerline of Bitter Creek County Road No. 12 -140, S11 562.26 feet from the northeast corner of the S W V.N W of Section 23; thence S67 32' -00 "W, 257.45 feet, to a spike; thence S39 11' -32 "W, 99.20 feet, to a spike; thence 556•- 42' -44 "W, 339.40 fat, to a spike; thence S03•- 24' -39 "E, 257.41 feet, to a spike on the south line of the above described tract; 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 5368 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 5368" or a 2" galvanized steel pipe with brass cap inscribed, "PAUL N. SCHERBEL RI-S 164 BIG PINEY WYOMING with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "JAMES IVAN RIDGE TRUST, A REVOCABLE LIVING TRUST, U /A/D DATED 21 DECEMBER 1999 PLAT OF TRACTS WITHIN THE SY,NWV S%3SW' SECTION 23 T31N1 9 LINCOLN COUNTY, WYOMING dated 14 October 10 as revised. i y er s` vember 2004 4 X 0 '2/4 1 /o a 00375 EXHIBIT "A" Real Property Description (Continued) A strip of land sixty (60) feet in width, being part of the S %SWY.. of Section 23, T3IN RI 19W. Lincoln County, Wyoming, and being part of that tract of record in the Office of the Clerk of Lincoln County in Book 443 of Photostatic Records on page 129, with the centerline described as follows: BEGINNING at a spike on the westerly right -of -way line of Bitter Creek County Road No. 12-140, S07 37' -54 "E, 327.05 feet from Station PI 260 +37.58, 30'RT, N29° -42'- 23"W, 1 380.38 feet from the southeast corner of said S ,S W'Y..; thence S79 14' -36 "W, 16.83 feet, to a spike; thence N34 25' -42 "W, 72.45 feet, to a spike; thence S89 40' -12 "W, 777.12 feet, to a spike at the beginning of a circular curve to the left; thence southwesterly, 399.23 feet, along the arc of said curve, through a central angle of 52'- 24' -00" with a radius of 436.53 feet to a spike; thence S37°- 16' -12 "W, 243.28 feet, to a spike at the beginning of a circular curve to the right; thence southwesterly, 254.26 feet, along the arc of said curve, through a central angle of 30°- 36' -06 with a radius of 476.06 feet to a spike; (hence S67°- 52' -18 "W, 376.19 feet to a spike; thence S63 05' -48 "W, 99.31 feet, to an intersection with the west line of said Section 23, N00°- 03' -49"E, 559.64 feet, from said'southwest comer; ENCOMPASSING an area of 3.12 acres more or less; the BASE BEARING for this survey is the west line of the NW% of Section 23, 131N Rl 19W, being N00°- 36' -58 "E; SUBJECT to that easement of record in said Office in Book 379 of Photostatic Records on page 188; RESERVING unto the. Grantors, their heirs, successors and assigns a perpetual tight of ingress and egress and utilities across the entire above described tract appurtenant to lands of the Grantor in Section 23; the northerly and southerly lints of the above described tract to be shortened or lengthened as necessary to a continuous tract with a minimum width of sixty (60) feet to meet the westerly right -of -way line of said Bitter Creek County Road No. 12 -140 and the west line of said Section 23; each "spike" and "intersection' marked by a 3/8" x 12" steel spike referenced by two (2) 5/8" x 24" steel reinforcing rods with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details; each "comer" found as described in the Comer Record ft]cd or to be filed in the Office of the Clerk of Lincoln County; 5 024Y 0037G EXHIBIT "A" Real Property Description (Continued) all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "JAMES IVAN RIDGE TRUST, A REVOCABLE LIVING TRUST, U /A/D DATED 21 DECEMBER 1999 PLAT OF TRACTS WITHIN THE SKNW% S %SW'/. SECTION 23 T31N RI INCOLN COUNTY, WYOMING dated 14 Octob 2004 revised. j" 1 rr a J ovember 2004 7 53 C. Cr 6 ruc Ivo.: 114639 WARRANTY DEED Gem View Enterprises, LLC, 6 6 4: 4 at 000254 granter(s) of Afton, State of Wyoming, for and in consideration of Ten Dollars and Other Good and Valuable Consideration, in hand paid, receipt whereof is hereby acknowledged, do(es) Convey and Warrant To Alvin L. Robinson and Alice L. Robinson, Trustees of the Alvin and Alice Robinson Family Trust dated April 10, 1997 as to an undivided 50% interest and Lance P. Robinson and Melanie Robinson, Trustees of the Lance P. and Melanie Robinson Family Trust dated March 29, 2011 as to an undivided 50% interest. grantee(s), whose address is: P.O. Box 677 Afton, WY 83110 the following described real estate, situate in Lincoln County and State of Wyoming, to wit: Parcel 1: The Southwest Quarter of the Northwest Quarter of Section 23, Township 31 North, Range 119 West of the 6th P.M., Wyoming. Parcel la: Less and except the land contained in Warranty Deed recorded November 17, 2004 in Book 572 PR on Page 772 of the records of the Lincoln County Clerk. Parcel 2: Beginning at a point on the West boundary line of Section 23, Township 31 North, Range 119 West, of the 6th P.M., Wyoming, that is 85 rods North of the Southwest comer of said Section 23, and running thence in a Northeasterly direction 89 rods, more or less, to a point on the East boundary line of the West Half of the Southwest Quarter of said Section 23 that is 124 rods North of the South boundary line of said Section, thence North, along the East boundary line of said West Half of the Southwest Quarter of said Section, 36 rods, more or less, to the North boundary line of the West Half of the Southwest Quarter of said Section 23, thence West, along said North boundary line 80 rods, more or less, to the West boundary line of said Section 23, thence South along said West boundary line, 75 rods, more or less, to the point of beginning. Parcel 3: 23 Beginning at the Southwest corner of said Section, thence running North along the West boundary line a distance of 85 rods, thence 89 rods, more or less, in a Northeasterly direction to a point on the East boundary line of the West Half of the Southwest Quarter that is 124 rods North of the South boundary line, thence South 124 rods to a point on the South boundary of Section 23; thence West 80 rods along the South boundary to the point of beginning. Parcel 3a: Less and except the land contained in Gem View Estates Phase 1 recorded December 21, 2005 as Instrument No. 914639 of the records of the Lincoln County Clerk. Parcel 3b: Less and except the lane contained in Warranty Deed recorded November 17, 2004 in Book 572 PR on Page.772 of the records of the Lincoln County Clerk. Parcel 4: The Southeast Quarter of the Southwest Quarter of Section 23, Township 31 North, Range 119 West of the 6th P.M., Wyoming. Excepting the following described land: Beginning at the Southeast corner of the Southeast Quarter of the Southwest Quarter, thence running North 1320 feet, thence running West 613 feet, more or less, to the East right of-way boundary line of the Bitter Creek Road, thence 1400 feet, more or less in a Southeasterly direction along the East right -of -way line of the Bitter Creek Road to a point on the South boundary of Section 23, thence East 300 feet, more or less to the point of beginning. Also excepting the following described land: Beginning at a comer on the centerline of the Bitter Creek Road which is North 32° 25' West, 1164.61 feet from the South one quarter corner of said Section 23, thence S7 °40' East, the base bearing for this survey, 80.93 feet along said centerline to station P.C. 266 68.16; thence Southeasterly 178.29 feet along a circular curve to the left through a central angle of 5 °4' and radius of 2017.21 feet and along said centerline to a comer; thence South 56° 55' West, 31.96 feet to a point on the West right -of -way line of said County road; thence continuing South 56° 55' West, 186.17 feet to a point; thence North 9° 39' West, 258.62 feet to a point; thence North 56° 55' East, 186.15 feet to a point on the West right -of -way line; thence continuing North 56° 55' East, 33.17 feet to the comer of beginning. Parcel 4a: Less and except the land contained in Warranty Deed recorded December 29, 2006 in Book 645 PR on Page 146 of figkeeitstotfetlitiltituoln County Clerk. RECEIVED 10/27/2011 at 2:36 PM RECEIVING 961619 BOOK: 775 PAGE: 254 JEANNE WAGNER Parcel 4b: Less and except the land contained in Warranty Deed recorded July 2, 2009 in Book 726 on Page 735 of the records of the Lincoln County Clerk. 000255 Parcel 4c: Less and except the lane contained in Warranty Deed recorded November 17, 2004 in Book 572 PR on Page 772 of the records of the Lincoln County Clerk. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Witness my /our hand(s) this a(h day of October4, 2011. Gem View Enterprises, LLC CLo I Ridge, Manager State of Wyoming ss County of Lincoln} On this 2 4 day of October, 2011, before me, j ((dca e- a Notary Public in and for said state, personally appeared James I. Ridge, Manager f Gem View Enterprises, LLC, known or identified to me to be the person(s) whose name(s) is /are subscribed to the within Instrument and acknowledged to me that he/she/they executed same. FiloNo ®Rcv. 10/26/2011 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Id. Notary Public for the State of State Residing at: avt- o•"`'v Commission Expires: G. 9_o a- 015 JILL H. LARSON NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires June 20, 2015 Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No.164 Utah Registration No.1670 Who Registration No. 3990 Nevada Registration No. 680S SCOTT& SCHERBEL Wyo. Registration No. 3699 Utah Registration W. 372111 Idaho Registration No. 8026 MARLOWEA 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, Wyomfig Jackson, Wyoming Lava Hot Springs. Idaho Montpelier. Idaho DESCRIPTION FOR ALVIN AND ALICE ROBINSON FAMILY TRUST, DATED 10 APRIL 1997 LANCE P. AND MELANIE ROBINSON FAMILY TRUST, DATED 29 MARCH 2011 ROBINSON EASEMENT To -wit: A strip of land, sixty (60) feet in width, for ingress, egress and utilities over, under and across the S' /2NW'ha of Section 23, T31N R119W, Lincoln County, Wyoming, being thirty (30) feet each side of the following described centerline: BEGINNING at a position on the east line of the SW1/4NW1/4 of said Section 23, S00 32'-44"W, 30.00 feet, from the northeast comer thereof; thence S89 29' -33 "W, 77.75 feet, parallel with the north line of said SW' /4NW' to a, spike; thence S13 07' -22 "E, 383.55 feet, to a spike at the beginning of a circular curve to the right; thence southwesterly, 106.65 feet, along the arc of said curve, through a central angle of 71 53' -26 having a radius of 85.00 feet, and a chord bearing S22 49' -21 "W, 99.79 feet, to a spike; thence S58 46' -05 "W, 43.60 feet, to a spike at the beginning of a circular curve to the left; thence southwesterly, 99.26 feet, along the arc of said curve, through a central angle of 18 57' -25 having a radius of 300.00 feet, and a chord bearing S49 17' -22 "W, 98.81 feet, to a spike; thence S39 48' -40 "W, 61.74 feet, to a spike at the beginning of a circular curve to the right; thence southwesterly, 218.23 feet, along the are of said curve, through a central angle of 27 47' -10 having a radius of 450.00 feet, and a chord bearing S53 42' -15 "W, 216.10 feet, to a spike; thence S67 35' -50 "W, 55.96 feet, to a spike; thence S61 20' -12 "W, 93.23 feet, to a spike; thence S56 03' -58 "W, 270.65 feet, to a spike at the beginning of a circular curve to the left; thence southerly, 149.18 feet, along the arc of said curve, through a central angle of 101°- 10'-06", with a radius of 84.49 feet, and a chord bearing S05 28'- 55 "W,130.54 feet, to a spike at the beginning of a compound curve to the left; thence easterly, 95.84 feet, along the arc of said curve, through a central angle of 45 -27'- 18", with a radius of 120.80 feet, and a chord bearing S67 49' -47 "E, 93.34 feet, to a spike; thence N89 26' -34 "E, 184.35 feet, along a line parallel with the north line of that tract of record in the Office of the Clerk of Lincoln County in Book 775 of Photostatic Records on page 254, to a spike; "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No.164 Ulah Registration No.1670 Idaho Registration No. 3990 Nevada Registration No.6805 SCOTT A. SCHERBEL Wyo. Regisbation No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWEA_ SCHEREEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registra0on No. 13493 CFEDS No. 1223 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Monyxlier, Idaho DESCRIPTION FOR ALVIN AND ALICE ROBINSON FAMILY TRUST, DATED 10 APRIL 1997 LANCE P. AND MELANIE ROBINSON FAMILY TRUST, DATED 29 MARCH 2011 ROBINSON EASEMENT PAGE TWO thence S00 33' -26 "E, 30.00 feet, to a spike on said north line, S89 26' -34 "W, 443.95 feet, from the northeast corner thereof; 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 Bitter Creek County Road No. 12 -140 and the north line of said tract in Book 775; each "corner" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "spike" marked by a 3/8" x 12" steel spike and 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 5368 or 11810 with appropriate details; each "position" is a calculated position, no monument found or set; 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 EXEMPTION TRUST UNDER THE DOHERTY FAMILY REVOCABLE TRUST, DATED 14 MAY 1998, AND MACK B. BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992, AND ALVIN AND ALICE ROBINSON FAMILY TRUST, DATED 10 APRIL 1997, AND LANCE P. AND MELANIE ROBINSON FAMILY TRUST, DATED 29 MARCH 2011 WITHIN GLO LOTS 5, 6 AND 7 Wl /2SE1 /4 E1 /2SW1/4 SECTION 22 S1 /2NW1 /4 SECTION 23 GLO LOT 1 NW1 /4NE1 /4 NE1 /4NW1 /4 SECTION 27 T31N R119W LINCOLN COUNTY, WYOMING dated 20 December 2011, as revised. "Modification in any way of the foregoing description terminates liability of the surveyor"