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Home My WebLink About974620DITCH EASEMENT AGREEMENT RECEIVING 974M- BOOK: 825 PAGE. 4 +au j 1-0 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 04 THIS DITCH EASEMENT AGREEMENT, here after "Agreement effective this #6 day of November, 2013, is entered into by WILLIAM BYRON TITENSOR, TRUSTEE of The William Byron Titensor Living Revocable Trust dated November 27, 2007, P.O. Box 267, Thayne, Wyoming 83127, and WILMA S. TITENSOR, TRUSTEE of The Wilma S. Titensor Living Revocable Trust dated November 27, 2007, P.O. Box 267, Thayne, Wyoming 83127, as tenants in common, GRANTORS, and AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, a Delaware limited liability company, 2500 East Kearney, Springfield, Missouri 65898, GRANTEE. WHEREAS, GRANTORS own the real property described in the Quitclaim Deed that was recorded in land records of Lincoln County, Wyoming on November 28, 2007 in Book 679 beginning at Page 750 as Receiving No. 935183; and WHEREAS, GRANTEE owns the real property described in the Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on October 1, 2013 in Book 821 beginning at Page 521 as Receiving No. 973518; and WHEREAS, GRANTORS have agreed to grant to GRANTEE a non exclusive easement for the purpose of constructing, operating, maintaining, repairing and replacing as necessary a ditch approximately fifteen feet (15') in width, with access easements for ingress and egress, and a head gate on the Salt River, running from the head gate to be located on the Salt River northwesterly to the southern boundary of GRANTEE'S property. NOW THEREFORE, GRANTORS and GRANTEES agree as follows: 1. EASEMENT ESTABLISHED. GRANTORS grant and convey to GRANTEE: (a) a perpetual, non exclusive ditch easement for the construction, operation, maintenance, repair and replacement as necessary a ditch approximately fifteen feet (15') in width, from a head gate to be located on the Salt River and then running northerly to the south boundary of GRANTEE'S property, along the course described in Exhibit A, which is attached hereto; and (b) an access easement ten feet (10') in width on the west side of the ditch easement and ten feet (10') feet in width on the east side of the ditch easement for ingress and egress for the construction, operation, maintenance, repair, and replacement as necessary of said ditch and said head gate. 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, GRANTORS AND GRANTEE declare that consideration has been provided to each of them for this Agreement. 3. EASEMENT COVENANTS. The parties, for themselves and their heirs and /or successors and assigns, hereby agree: a. That GRANTEE shall be responsible for the construction of a ditch and a head gate within the ditch easement and all costs associated therewith. Said construction shall be accomplished so that the surfaces of the surrounding areas, including the access easement area, are restored as close as reasonably possible to the prior surface condition, unless otherwise agreed to in writing DITCH EASEMENT AGREEMENT PAGE 1 OF 4 (043" b. That unless otherwise agreed in writing, GRANTEE shall be responsible for the costs of operating, maintaining, repairs and replacing as necessary the ditch and the head gate. c. That nothing herein shall preclude GRANTORS from making improvements to the ditch, such as installing culverts or bridges across the ditch; provided, however, that no such improvements shall diminish in any manner the capacity of the ditch. GRANTORS shall be solely responsible for the costs of any such improvements unless otherwise agreed to in writing by GRANTEE. d. That ingress and egress in the access easement shall be subject to the following provisions: i. GRANTEE and its employees and /or agents shall have the right to ingress and egress as needed, by motorized vehicles or otherwise, for the purposes of constructing, operating, maintaining, repairing and replacing as necessary the ditch and the head gate on the Salt River. iv. GRANTEE shall not otherwise use the easement for regular vehicular or other ingress and egress to and from the Salt River. e. That GRANTEE is hereby authorized to mow the ditch banks and the access easement areas GRANTEE, in GRANTEE'S sole discretion, determines is necessary for proper operation of the ditch. f. That GRANTEE shall not fence the ditch without the written consent of GRANTORS. 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 heirs and /or 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 /or 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 heirs and/or successors and assigns, hereby waive all rights under and by virtue of the homestead exemption laws of the State of Wyoming to the extent that such rights be applicable. IN WITNESS WHEREOF, each party to this Agreement has caused it to be signed. DITCH EASEMENT AGREEMENT PAGE 2 OF 4 WILLIAM BYR N TITENSOR, TRUSTEE of The William Byron Titensor Living Revocable Trust dated November 27, 2007 STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 94 day of December, 2013 by WILLIAM BYRON TITENSOR, TRUSTEE of The William Byron Titensor Living Revocable Trust dated November 27, 2007. 11 M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 q OTA My Commission expires: STATE OF WYOMING COUNTY OF LINCOLN My Commission expires: d official seal. SS. 07 M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 7 lb l6 it 1 7 ---4-47472./_ WILMA S. TITEg TRUSTEE of The Wilma S. Titensor Living Revocable Trust dated November 27, 2007 ACKNOWLEDGED before me on this, the e i-A day of December, 2013 by WILLIAM WILMA S. TITENSOR, TRUSTEE of The Wilma S. Titensor Living Revocable Trust dated November 27, 2007. WITNESS m hand and official seal. Y PUBLI If DITCH EASEMENT AGREEMENT PAGE 3 OF 4 0438 AMERICAN SPORTSMAN REALTY HOLDINGS, LLC, a Delaware limited liability company BY: JOHN i MORRIS, MANAGER STATE OF L in COUNTY OF ACKNOWLEDGED before me on this, the I 1 day of December, 2013, by JOHN L. MORRIS, acting as Manager of American Sportsman Realty Holdings, LLC, a Delaware limited liability company. WITNESS my hand and official seal. SS. R. {y°° 4'd _LS I,, My Commission expires: 01 C2.- /s o li° O Z*O 9`' 0: rn r✓�,,✓�A N 9 °sae` DITCH EASEMENT AGREEMENT PAGE 4 OF 4 0439 Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR AMERICAN SPORTSMAN REALTY HOLDINGS, LLC FOR AMERICAN SPORTSMAN SUPPLY DITCH NO. 1 To -wit: EXIdll'SIT A 0440 A strip of land, thirty -five (35) feet in width, over, under and across the NE1/4SE1/4 of Section 22, T34N R119W, Lincoln County, Wyoming, being seventeen and one -half (17.5) feet each side of the following described centerline: BEGINNING at a headgate on the easterly bank of the Salt River, S61 10' -26 "W, 1110' from the northeast corner of said NE1/4SE1/4; thence northeasterly along the approximate centerline of the American Sportsman Supply Ditch No. 1, as follows: N25 42' -36 "E, 109.96 feet, to a position; N54 25' -29 "E, 129.94 feet, to a position; N70 17' -44 "E, 167.60 feet, to a position; N61 28' -25 "E, 226.37 feet, to a position; N39 40' -46 "E, 259.00 feet, to a position on the north line of said NE1/4SE1/4, the terminus of said approximate centerline; the BASE BEARING for this survey is the north line of said NE3/4SE1/4 of Section 22, T34N R119W, being N89 19' -41 "W; the easterly and westerly 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 thirty -five (35) feet to meet the north line of said NE' /4SE' /4 and the easterly bank of Salt River, as said bank moves with changes caused by accretion and erosion of the river; that it is intended that this description describe the centerline of the American Sportsman Supply Ditch No. 1 as it is actually constructed; should it be determined that the position of the actual ditch differs from that described herein, the centerline of the actual ditch automatically becomes the centerline of this description and easement; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; each "position" is a calculated position with no monument found or set; all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION FOR AMERICAN SPORTSMAN REALTY HOLDINGS, LLC FOR AMERICAN SPORT. ArIA 1'SUITPLY DITCH NO. 1 WITHIN THE NE1/4SE1/4 SECTION 22 T34N R119W 134 ;III C I ?NTY, WYOMING dated 5 December 2013, as revised. 5 December 201 "Modification in any way of the foregoing description terminates liability of the surveyor" C1/4 Q: rte N542529 E j 129.94' 100.00 N25'42'361 �6� 109.96 Head Gate and Point of Diversion American Sportsman Supply Ditch No. 1 SCALE.' 1 100 5 December 2013 OA 7E. DRAWN BY' CALCULATED BY K0r/ F. Scherbe/ CATEGORY/PORT Exh /b /1/TR F /ELD BOOK' ZR -23 CD,PVTER /716' TitensorDitchEasementExhibit .pro 1r0N F. Scherbe/ N6'9 79'411:V 2315.37' Base Bearing• e� S b k 6 4 V, a k 2 21 ;31 C1( o /;Z$, E �9 1/4 N 1 7. Nlp' i65 52 Approximate Centerline of American Sportsman Supply Ditch No. 1 2634.84' SE1 /4NE1 /4 NE1 /4SE1 /4 indicates an easement line. 0441 indicates the bank of Salt River. 2252. LEGEND D indicates a Corner Record on file in the Office of the Clerk of Lincoln County. indicates a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 set this survey. X indicates o calculated position, no monument found or set. indicates the approximate flowline of the American Sportsman Supply Ditch No. 1 The Basis of Bearing for this survey is the north line of the SE1 /4 of Section 22, being N89'19'41 "W. EXHIBIT TO ACCOMPANY LEGAL DESCRIPTION FOR AMERICAN SPORTSMAN REALTY HOLDINGS, LLC FOR AMERICAN SPORTSMAN SUPPLY DITCH NO. 1 WITHIN THE NE1 /4SE1/4 SECTION 22 T34N R119W LINCOLN COUNTY, WYOMING Copyright 2013 by Surveyor Scherbel LTD. All rights reserved Su-le v YOR A S'c7z 1?B L, .z PiPangage IAND MIMS BOX 96 B/G P /NEY— MARBLETON, WY 127.276- 3347,• BOX 725 AFTON, WY EL. 885-9319; ALP /NE, IVY IFL. 885 9319,• ✓ACKSON, {7Y 7FL.733 5903,• MON7PEL /ER, ID 22,847 -2600 1/4 274.43' 22.52'