HomeMy WebLinkAbout971680RECEIVED 6/26/:20 i 2:54 PM
RECEIVING 971680
BOOK: 814 PAGE: 484
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT effective this 24th 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 MACK B. BALLS and
DEON N. BALLS, TRUSTEES of The Mack B. Balls Family Revocable Trust, dated
April 24, 1992, c/o 3315 Bitter Creek Road, Afton, Wyoming 83110, hereafter referred to
as "Balls
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, Balls owns the property described in the Quitclaim Deed that was
recorded in the land records of Lincoln County, Wyoming on June 24, 2013, in Book 814
at Pages 226 through 230 as Receiving No. 971626, a copy of which is attached hereto,
hereafter the "Balls Property and
WHEREAS, Doherty and Balls have agreed to the creation of an easement
running from Bitter Creek Road County Road No. 12 -140 across the Doherty Property to
the Balls Property to provide for non exclusive ingress, egress, and underground utilities
to the Balls Property.
NOW, THEREFORE, Doherty and Balls 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 Balls Property, said easement being more particularly described in
the "DESCRIPTION FOR THE MACK B. BALLS FAMILY REVOCABLE TRUST,
DATED 24 APRIL 1992 MACK BALLS TRACT 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
Balls 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:
EASEMENT AGREEMENT
DOHERTY, TRUSTEE BALLS, TRUSTEES
PAGE 1 OF 5
04 8
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.
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
EASEMENT AGREEMENT
DOHERTY, TRUSTEE BALLS, TRUSTEES
PAGE 2 OF 5
10 045
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 BALLS, TRUSTEES
PAGE 3 OF 5
DOHERTY:
SUSAN S. DOHERTY, TRUST
of the Exemption Trust establish under
The Doherty Family Revocable Trust
dated May 14, 1998
STATE OF CALIFORNIA
SS.
COUNTY OF FRESNO
6 -/S C /3
DATE
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:
EASEMENT AGREEMENT
DOHERTY, TRIJSTEE BALLS, TRUSTEES
PAGE 4 OF 5
NOTARY PUBLIC
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
rl
State of California
County of -S''t e,i
On 1 3 -2v(? before me, 2f;c.- 1e,✓i4 Nei
Date Here Insert Name and Title of the Officer
personally appeared [/cam (-2 e
RICHARD KEVIN HOWARD
Commission 1935325
Notary Public California
Fresno County
Comm. 7. '1
Place Notary Seal Above
El Individual
Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
OPTIONAL
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:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer Title(s): Corporate Officer Title(s):
Individual
Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
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OF SIGNER
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2010 National Notary Association NationalNotary.org 1- 800 -US NOTARY (1- 800 876 -6827)
Name(4 of Signer()'
who proved to me on the basis of satisfactory
evidence to be the person(') whose name(s) is /are
subscribed to the within instrument and acknowledged
to me that ,fie /she /tlaj executed the same in
WS /her /their authorized capacity054, and that by
Ns/her/theft!' signature(g) on the instrument the
person(s)', 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:f•- •(%•A
Signature of Notary Public
Signer Is Representing:
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CIVIL CODE 1189
A
h
Item #5907
BALLS:
ofd Sra-
MAC BALLS, TRUSTEE
of The Mack B. Balls Family Revocable Trust
dated April 24, 1992
DEON N. BALLS, TRUSTEE
of The Mack B. Balls Family Revocable Trust
dated April 24, 1992
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me on this, the al day of June, 2013 by
MACK B. BALLS and DEON N. BALLS, TRUSTEES of The Mack B. Balls
Family Revocable Trust, dated April 24, 1992, pursuant to authority provided to
them in said Trust.
WITNESS my hand and official seal.
LAYNA J. HADERLIE NOTARY PUBLIC
County of ,t State of
Lincoln Wyoming
My Commission Expires: January 22, 2017
My Commission expires:
EASEMENT AGREEMENT
DOHERTY, TRUSTEE BALLS, TRUSTEES
PAGE 5 OF 5
DATE: 2 3
DATE: �P /2 -//3
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:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS
REFERENCE INCORPORATED HEREIN
WITNESS my hand this 2.2_ day of November, 2011.
STATE OF CALIFORNIA
COUNTY OF FRESNO
On v J yt 2011, before me, Lt I'CP4 I t t -tit.Q Notary Public,
N 0 ✓Q l 1
personally appeared SUSAN S. DOHERTY who proved to me on the basis of satisfactory
evidence to be the person(a) 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 /th.eirsignature(s) 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.
Witness my hand and official seal.
t
N ary Public Signature
TRUST TRANSFER WARRANTY DEED
SUSAN S. DOHERTY, Successor ee of The
Doherty Family Revocable Trust s May 14, 1998
RECEIVED 12/5/2011 at 12:23 PM
RECEIVING 9622
BOOK: 777 PAGE: 372
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
4. LINDA D. BENNETT
x_ iM NOTARY PUBLIC CALIFORNIA
ry COMMISSION +11148264 2
FRESNO COUNTY
My Comm. Exp, August 16, 2016
NOTARY PUBLIC SEAL
00372
6 ±1
Section 27:
EXHIBIT "A"
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.
U 1.
00373
GLO Lot 1, NE' /4NW' NW'/NE`/, AND
That portion of the SW'hNE1/4 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'/,NE' 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.
AND
That part of the S %SW'/. 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)
That part of the S %NW' of Section 23, T31N R119W, 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'/,;
thence N89 29' -33 "E, 1275.60 feet, along the north line of said S %NW' to a point on
the westerly right of way line of Bitter Creek County Road No. 12.140;
thence continuing, N89 29' "E, 31.58 feet, along said north line, 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 thc east line of said SW' NW'/,, to a spike on
said centerline;
thence S113°-41'-47"E, 367.05 feet, along said centerline, to a spike;
thence 51 1°- 49' -59 "E, 109.31 feet, along said centerline, to a spike at the beginning of a
circular curve to the left;
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 feet, 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 right way line;
thence continuing S89 27' -26 "W, 203.91 feet, to a point on thc east line of said
SW'/,NW 4;
thence S00°- 32' -44 "W, 278.98 feet, along said cast line, to a poiru and leave said cast line;
thence S89 26' -34 "W, 1333.33 feet, 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 line of said SWV.NWV, to the
CORNER OF BEGINNING;
ENCOMPASSING an area of 38.00 acres, more or less;
the BASE BEARING for this survey is the west line of the NW of Section 23, T31N
R 119W, 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,
S I 1 41' -38 "E, 562.26 feet from the northeast comer of the SW V.NW''h of Section
23;
thence S67 32' -00 "W, 257.45 feet, to a spikc;
thence S39 11' -32 "W, 99.20 feet, to a spike;
thence S56 42' -44 "W, 339.40 Lett, to a spike;
thence S03 24' -39"E, 257.41 feet, to a spike on the south line of the above described
tract;
each "corner" 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 RLS 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 tilled, "JAMES IVAN RIDGE TRUST, A REVOCABLE LIVING TRUST,
U /A/D DATED 21 DECEMBER 1999 PLAT OF TRACTS WITHIN THE SYNWV..
SY,SW'V. SECTION 23 T31N 9 LINCOLN COUNTY, WYOMING dated 14
October r 14, as revised.
ovember 2004
4
EXHIBIT "A"
Real Property Description
(Continued)
A strip of land sixty (60) feel in width, being part of the S 'ASWY. 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 al 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, 1380.38 feet from the southeast comer of said S ;S W Y.
thence S79 14' -36 "W, 16.83 feel, to a spike;
thence N34 25' -42 "W, 72.45 feet, to a spike;
thence S89 40'-I2 "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 feel, along the are of said curve, through a central angle of
30 36' -06 with a radius of 476.06 feet to a spike;
thence S67 52' -18 "W, 376.19 feet to a spike;
thence S63 05' -48 "W, 99.31 feel, to an intersection with the west line of said Section 23,
N00°- 03' -49 "E, 559.64 feet, from said southwest corner;
ENCOMPASSJ.NC 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, T3IN
RI 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 thc. Grantors, their heirs, successors and assigns a perpetual right 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 create 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
Tine o f 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 "corner" found as described in the Comer Record filed or to be filed in the Office of
the Clerk of Lincoln County;
5
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 S%,NW%
S' /3SW% SECTION 23 T31N RI INCOLN COUNTY, WYOMING', dated 14
Octob 2004 revised.
3 ovember 2004
EXHIBIT "A"
Real Property Description
(Continued)
m yenetr+c
6
QUITCLAIM DEED
KNOW ALL PERSONS BY THESE PRESENTS, that 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, GRANTOR, for and in consideration of Ten Dollars ($10.00) and
other valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby remises,
releases, and forever quitclaims unto MACK B. BALLS and DEON N. BALLS, TRUSTEES of The
Mack B. Balls Family Revocable Trust, dated April 24, 1992, c/o 3315 Bitter Creek Road, Afton,
Wyoming 83110, GRANTEE, and his successors and assigns forever, all such right, title, interest
property, possession, claim, and demand as Grantor may have or ought to have in and to all of the
following described property, to wit:
See the property description titled "DESCRIPTION FOR MACK B. BALLS
FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992 MACK BALLS TRACT
dated 9 January 2012, revised 3 March 2013, that is attached hereto and incorporated
herein by reference.
Together with and including all improvements thereon and all appurtenances and
hereditaments thereunto belonging.
Subject to all covenants, conditions, restrictions, easements, reservations, and
rights -of -way of sight and/or of record.
WITNESS my hand this day of June, 2013.
SUSAN S. DOHERTY, TRUSTEE
of the Exemption Trust established un:' r
The Doherty Family Revocable Trust
dated May 14, 1998
QUITCLAIM DEED
DOHERTY, TRUSTEE BALLS, TRUSTEE
PAGE 1 OF 2
6 420/3
DATE
0
4 014,: n.
ti 0 i) 5
RECEIVED 4/2
RECEIVING 6/2 9716 013 a 12:01 PM
BOOK: 814 PAGE: 226
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
r ,3�Cs7t7,R2c'LYti{ ..c m... 9,FaCt w IQ ym mtaa m
State of California
Ifi
County of r ry
On b 71.4;
Date
personally appeared Pali e 1
RICHARD KEVIN HOWARD
Commission 1935325
Notary Public California
Fresno County
M Comm. Ex ires Ma 7.2015
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:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer Title(s):
D Individual
D Partner Limited D General
D Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Place Notary Seel Above
OPTIONAL
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OF SIGNER
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O 2010 National Notary Association NalionalNolary.org 1. 800 -US NOTARY (1.800476.6827)
before me IZA r� l(-cr &A./A/c! /00,1 �jlr
Here Insert Name and Title of the Officer
Name(a) of SIgner(y
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(?) is/are-
subscribed to the within instrument and acknowledged
to me that ate /she /tgey executed the same in
lais /her /tbeif authorized capacity(iiaS), and that by
pis /her/thetr signatures) on the instrument the
person(s), or the entity upon behalf of which the
person(v) 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
Signer's Name:
Corporate Officer Title(s):
Individual
D Partner D Limited 0 General
D Attorney in Fact
Trustee
Guardian or Conservator
D Other:
Signer Is Representing:
O 43^}
CIVIL CODE 1189
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Item 65907
Nobeebn4 L1b 6wsyort
'AUL N. SCHERBEL
Vyo. 4.OW4133 No. 164
441 46060e43n 43.1671
Soho RephbeUo No. 3990
Node 6 0Wg1bn 43.6606
:COTT A. SCHERBEL
Vye. Rpl3don No. 3269
Ileh Rp41m1'°n No. 372111
Saha Re3lNMbn No. 6026
3ARLOWEA. SCHERBEL
V,m. Re0303030 No. 6366
:ML f. SCHERBEL
Vyo. Rplelr.lNn No. 11816
'oho 0.0leb3l'°n No. 13403
IFEDS No. 1323
:ureers 50100, LTD.
Ulm WYomhc
Hp Piney. W,mmb°
ma Hot H451ings, Melo
604ya60, ache
DESCRIPTION FOR
MACK B. BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992
MACK BALLS TRACT
To -wit:
All of the E %:SW1/4 and the W %2SE' and that part of GLO Lots 6 and 7 of Section 22, and that
part of GLO Lot 1, the NW%4NE' and the NE' /4NW' of Section 27, T3IN R119W, Lincoln
County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County
in Book 310 of Photostatic Records on page 377, and all of that tract of record in Book 401 of
Photostatic Records on page 65, and part of that tract of record in said office in Book 777 of
Photostatic Records on page 372, described as follows:
BEGINNING at the northwest corner of said BMW.;
thence S89 35' -10 "E, 1318.85 feet, along the north line of said E %oSW' to the northeast corner
thereof;
thence S89 35' -34"E, 1319.32 feet, along the north line of said W hSE' to the northeast comer
thereof;
thence continuing S89 35' -34 "E, 158.00 feet, along the north line of said GLO Lot 6, to a point
on an existing north -south fence line;
thence S00 00' -05"W, 2644.00 feet, along said fence line, to a point on the south line of said
GLO Lot 7;
thence continuing S00 00' -05 "W, 91.48 feet, along said fence line, to a point at a fence comer;
thence S89 49' -32 "W, 2823.16 feet, along an existing east -west fence and the westerly
prolongation thereof, to a point on the west line of said NE' /.NW'
thence N00 33' -30 "B, 126.25 feet, along said west line, to the northwest corner thereof;
thence N00 33' -44 "E, 2637.99 feet, along the west line of said E %:SW' to the CORNER OF
BEGINNING;
Encompassing an area of 177.36 acres, more or Tess;
the BASE BEARING for this survey is the west line of the NW' of Section 23, T3IN R119W,
being N00 36' -58 "E;
it is the intent of this description that the called -for monuments, and not the existing fence lines,
control the location of the property lines;
TOGETHER with a right of ingress, egress and utilities over, under and across a strip of land,
sixty (60) feet in width, within GLO Lot 5 and GLO Lot 6 of Section 22, and the S %2NW'% of
Section 23, T3 IN R1I9W, Lincoln County, Wyoming, being thirty (30) feet each side of the
following described centerline:
BEGINNING at a position on the east line of the SW'/4NW' of said Section 23, S00 32' -44 "W,
30.00 feet, from the northeast corner thereof;
thence S89 29' -33 "W, 77.75 feet, along a line parallel with the north line of said SW' /.NW' 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 are 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;
"Modification in any way of the foregoing description terminates liability of the surveyor"
^I
00228
tl➢ eeh !T
'lalnsl°W Land Swops
'AUL N. SCHERBEL
Ayo. RegIWallon No. IN
URN R4 ionioo No.1110
L1aho Rpi9allan No.3989
Vent Ra5110Won No.6805
SCOTT A. SCHERBEL
NYO Raplahatioo No.3189
UYh RagIUatim No.313111
Moho ROpWalbn No. NO
MARLOWE A. SCHERBEL
Nyo. Ra8111nYOn No. 5390
KARL F. SCHERBEL
Np. Rogistr Ilan 1.1o. 11610
Wal° Registration No. 13493
CFE08 No. 1313
Sona0Nr SSh°ba1, LTD.
Allan, WYaming
11y PIN% VOyorning
Ld°on. Wyoming
tan Not S5n41gs. Idaho
MoMgliaL Idaho
DESCRIPTION FOR
MACK B. BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992
MACK BALLS TRACT
PAGE TWO
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 arc 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 S65 26' -07 "W, 211.66 feet, to a spike;
thence S81 22' -17 "W, 72.65 feet, to a spike;
thence S74 23' -53 "W, 186.39 feet, to a spike at the beginning of a circular curve to the right;
thence southwesterly, 74.30 feet, along the arc of said curve, through a central angle of 24 -19'-
39", having a radius of 175.00 feet, and a chord bearing 086 33' -42 "W, 73.75 feet, to a spike;
thence N81 16' -29 "W, 110.60 feet, to a spike;
thence N89 31' -19 "W, 171.35 feet, to a spike;
thence N65 04' -14 "W, 132.43 feet, to a spike;
thence N68 02' -55 "W, 293.29 feet, to a spike at the beginning of a circular curve to the right;
thence northwesterly, 106.22 feet, along the are of said curve, through a central angle of 40 -34'-
27", having a radius of 150.00 feet, and a chord bearing N47 45' 42 "W, 104.02 feet, to a
spike;
thence N27 28' -28 "W, 75.98 feet, to a spike at the beginning of a circular curve to the left;
thence northwesterly, 95.02 feet, along the arc of said curve, through a central angle of 54 -26'-
35", having a radius of 100.00 feet, and a chord bearing N54 41' 45 "W, 91.49 feet, to a spike;
thence N81 55' -03 "W, 43.60 feet, to a spike at the beginning of a circular curve to the left;
thence westerly 127.16 feet, along the arc of said curve, through a central angle of 19 41' -29
having a radius of 370.00 feet, and a chord bearing S88 14' -13 "W, 126.54 feet, to a spike;
thence S78 23' -28 "W, 255.34 feet, to a spike at the beginning of a circular curve to the left;
thence southerly, 125.80 feet, along the arc of said curve, through a central angle of 114 -24'-
19", having a radius of 63.00 feet, and a chord bearing S21 11' -19 "W, 105.91 feet, to a spike;
thence S36 00' -50 "E, 52.02 feet, to a spike at the beginning of a circular curve to the right;
thence southerly, 130.21 feet, along the arc of said curve, through a central angle of 55 1 5' -45
having a radius of 135.00 feet, with a chord bearing S08 22' -58 "E, 125.22 feet, to a spike;
thence S 19 14' -54 "W, 88.76 feet, to a spike at the beginning of a circular curve to the right;
thence southwesterly, 124.04 feet, along the arc of said curve, through a central angle of 30 -28'-
07", having a radius of 233.26 feet, with a chord bearing S34 28' -58 "W, 122.59 feet, to a spike
at a point of reverse curvature;
"Modification in any way of the foregoing description terminates liability of the surveyor"
ti 0 4'-)
'rolesebnal lend Sumlws
'NUL N. Sr21ER841
Nye. ReylsIndon No. 164
Aeh Repbindbn No. 1670
dello Replel,... No. 3900
eWa4. Repbluan No. 6126
;COTTA. SCHERBEL
Nye. R.ab8e8on No. 38M
Jun R.pbnalbn No. 372116
dehe R6pb6allen No 6026
MARLOWE A. SCHERBEL
N,°. ReplMeeon NN 6206
NRL F. SCHERBEL
AY. Replabalbn No. 11110
glebe Replaln06n No. 13403
CFEOS No.1223
Suwyol 6ch M.
Wyoming
34 RMy. Wpnnp
1. bon. Wyenin6
M .w NOl Springs. l0.he
enlpeMl, Nab
DESCRIPTION FOR
MACK B. BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992
MACK BALLS TRACT
PAGE THREE
thence southwesterly, 126.50 feet, along the arc of a circular curve to the left, through a central
angle of 13 01' -29 having a radius of 556.49 feet, with a chord bearing S43 12' -17 "W,
126.23 feet, to a spike;
thence S36 41' -33 "W, 249.39 feet, to a spike on the east line of the above described MACK
BALLS TRACT, S00 00' -05 "W, 153.86 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 east
line of the above described MACK BALLS TRACT;
each "corner" found as described in the Corner 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, on each right -of -way line;
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 1 1810 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 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
W1/2SE1 /4 EI/2SW1/4 SECTION 22 S1/2NWI /4 SECTION 23 GLO LOT 1 NW1 /4NE1 /4
NEI /4NW1/4 SECTION 27 T31N RI19W LINCOLN COUNTY, WYOMING dated 20
December 2011, as revised.
3 March 2013 Revised
9 January 2012
'Modification in any way of the foregoing description terminates liability of the surveyof'
'rolessional Land Surveyors
'AUL N, SCHERBEL
Vyo. Registration No. 164
Jtah Registration No. 1670
claim Registration No. 3990
levada Registration No. 6805
iCOTT A. SCHERBEL
Nyo. Registration No. 3889
ltah Registration No.372111
daho Registration No, 8026
AARLOWE A. SCHERBEL
Nyo. Registration No. 5368
(ARL F. SCHERBEL
Nyo. Registration No. 11810
daho Registration No. 13493
:FEDS No. 1223
iurveyor Scherbel, LTD.
(Son, Wyoming
Ng Piney, Wyoming
lackson, Wyoming
.ava Hot Springs, Idaho
Aonlpelier, Idaho
DESCRIPTION FOR
MACK B. BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992
MACK BALLS TRACT
To -wit:
All of the E1/4SW1/4 and the W' /2SE'/o, and that part of GLO Lots 6 and 7 of Section 22, and that
part of GLO Lot 1, the NW1/4NE% and the NE' /4NW1/4 of Section 27, T31N R119W, Lincoln
County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County
in Book 310 of Photostatic Records on page 377, and all of that tract of record in Book 401 of
Photostatic Records on page 65, and part of that tract of record in said office in Book 777 of
Photostatic Records on page 372, described as follows:
BEGINNING at the northwest corner of said E1/2SW1/4;
thence S89 35' -10 "E, 1318.85 feet, along the north line of said E %2SW to the northeast corner
thereof;
thence S89 35' -34 "E, 1319.32 feet, along the north line of said W1/2SE1/4, to the northeast corner
thereof;
thence continuing S89 35' -34 "E, 158.00 feet, along the north line of said GLO Lot 6, to a point
on an existing north -south fence line;
thence S00 00' -05 "W, 2644.00 feet, along said fence line, to a point on the south line of said
GLO Lot 7;
thence continuing S00 00' -05 "W, 91.48 feet, along said fence line, to a point at a fence corner;
thence S89 49' -32 "W, 2823.16 feet, along an existing east -west fence and the westerly
prolongation thereof, to a point on the west line of said NE'/4NW'/4;
thence N00 33' -30 "E, 126.25 feet, along said west line, to the northwest corner thereof;
thence N00 33' -44 "E, 2637.99 feet, along the west line of said E %2SW'/4, to the CORNER OF
BEGINNING;
Encompassing an area of 177.36 acres, more or less;
the BASE BEARING for this survey is the west line of the NW'/ of Section 23, T31N R119W,
being N00 36' -58 "E;
it is the intent of this description that the called -for monuments, and not the existing fence lines,
control the location of the property lines;
TOGETHER with a right of ingress, egress and utilities over, under and across a strip of land,
sixty (60) feet in width, within GLO Lot 5 and GLO Lot 6 of Section 22, and the S' /2NW'/4 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 corner thereof;
thence S89 29' -33 "W, 77.75 feet, along a line parallel with the north line of said SW1/4NW1/4, 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;
"Modification in any way of the foregoing description terminates liability of the surveyor"
j'0 00
P'
Professional Land Surveyors
PAUL N. SCHERBEL
Nye. Registration No. 164
Utah Registration No. 1670
Idaho Registration No. 3990
Vevada Registration No. 6805
SCOTT A, SCHERBEL
Wyo. Registration No. 3889
Utah Registration No. 372111
Idaho Registration No. 8026
MARLOWE A. SCHERBEL
Nyo. Registration No. 5368
KARL F. SCHERBEL
Nyo. 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
MACK B BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992
MACK BALLS TRACT
PAGE TWO
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 S65 26' -07 "W, 211.66 feet, to a spike;
thence S81 22' -17 "W, 72.65 feet, to a spike;
thence S74 23' -53 "W, 186.39 feet, to a spike at the beginning of a circular curve to the right;
thence southwesterly, 74.30 feet, along the arc of said curve, through a central angle of 24 -19'-
39", having a radius of 175.00 feet, and a chord bearing S86 33' -42 "W, 73.75 feet, to a spike;
thence N81 16' -29 "W, 110.60 feet, to a spike;
thence N89 31' -19 "W, 171.35 feet, to a spike;
thence N65 04' -14 "W, 132.43 feet, to a spike;
thence N68 02' -55 "W, 293.29 feet, to a spike at the beginning of a circular curve to the right;
thence northwesterly, 106.22 feet, along the arc of said curve, through a central angle of 40 -34'-
27", having a radius of 150.00 feet, and a chord bearing N47 45' -42 "W, 104.02 feet, to a
spike;
thence N27 28' -28 "W, 75.98 feet, to a spike at the beginning of a circular curve to the left;
thence northwesterly, 95.02 feet, along the arc of said curve, through a central angle of 54 -26'-
35", having a radius of 100.00 feet, and a chord bearing N54 41' -45 "W, 91.49 feet, to a spike;
thence N81°-55'-03"W, 43.60 feet, to a spike at the beginning of a circular curve to the left;
thence westerly 127.16 feet, along the arc of said curve, through a central angle of' 19 41' -29
having a radius of 370.00 feet, and a chord bearing S88 14' -13 "W, 126.54 feet, to a spike;
thence S78 23' -28 "W, 255.34 feet, to a spike at the beginning of a circular curve to the left;
thence southerly, 125.80 feet, along the arc of said curve, through a central angle of 114 -24'-
19", having a radius of 63.00 feet, and a chord bearing S21 11' -19 "W, 105.91 feet, to a spike;
thence S36 00' -50 "E, 52.02 feet, to a spike at the beginning of a circular curve to the right;
thence southerly, 130.21 feet, along the arc of said curve, through a central angle of 55 15' -45
having a radius of 135.00 feet, with a chord bearing S08 22' -58 "E, 125.22 feet, to a spike;
thence S19 14' -54 "W, 88.76 feet, to a spike at the beginning of a circular curve to the right;
thence southwesterly, 124.04 feet, along the arc of said curve, through a central angle of 30 -28'-
07", having a radius of 233.26 feet, with a chord bearing S34 28' -58 "W, 122.59 feet, to a spike
at a point of reverse curvature;
"Modification in any way of the foregoing description terminates liability of the surveyor"
'rolessional Land Surveyors
'AUL N. SCHERBEL
Nyo. Registration No. 164
Jlah Registration No. 1670
daho Registration No. 3990
Vevada Registration No. 6805
SCOTT A. SCHERBEL
Nyo. Registration No. 3889
Jlah Registration No. 372111
dales Registration No. 8026
MARLOWE A. SCHERBEL
Nyo. Registration No. 5368
<ARL F. SCHERBEL
Nyo. Registration No. 11810
Idaho Regislralion No. 13493
CFEDS No. 1223
Surveyor Scherbel, LTD.
Afton, Wyoming
Sig Piney, Wyoming
Jackson, Wyoming
Lava Hol Springs, Idaho
Montpelier, Idaho
DESCRIPTION FOR
MACK B. BALLS FAMILY REVOCABLE TRUST, DATED 24 APRIL 1992
MACK BALLS TRACT
PAGE THREE
thence southwesterly, 126.50 feet, along the arc of a circular curve to the left, through a central
angle of 13 01' -29 having a radius of 556.49 feet, with a chord bearing S43 12' -17 "W,
126.23 feet, to a spike;
thence S36 41' -33 "W, 249.39 feet, to a spike on the east line of the above described MACK
BALLS TRACT, S00 00' -05 "W, 153.86 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 east
line of the above described MACK BALLS TRACT;
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, on each right -of -way line;
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;
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
W1 /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.
3 March 2013 Revised
9 January 2012
"Modification in any way of the foregoing description terminates liability of the surveyor"
30