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Home My WebLink About975598975598 3/13/2014 9:52 AM LINCOLN COUNTY FEES: $39.00 PAGE 1 OF 10 BOOK: 829 PAGE: 66 AGREEMENT JEANNE WAGNER LINCOLN COUNTY CLERK 1 1111111 IllIll IIII 111111 IIIII II 11 I III IIIII IIIII IIIII Iilli IIIII IIII II 1 III III! IIII BOUNDARY AND FENCE AGREEMENT THIS BOUNDARY AND FENCE AGREEMENT is by and between JOAN N. BROG and ROY ALVIN BROG, TRUSTEES of The Joan N. Brog Trust dated the 2nd of June, 2005, LANA DRUE SKINNER, KRISTINE LUTHI ELLIS, and JEFFERY N. LUTHI, c/o LUTHI VOYLES, LLC, P.O. Box 820, Thayne, Wyoming 83127 (hereafter, "Brog/Luthi"), and ALLEN D. CARTER, TRUSTEE of the Allen Carter Family Trust dated the 8th of November, 1999, 88724 U.S. Highway 89, Afton, Wyoming 83110 (hereafter, the "Carter Trust WHEREAS, Brog /Luthi is the owner of the property that was described in the property description titled "DESCRIPTION FOR LANA DRU SKINNER, KRISTINE LUTHI ELLIS AND JEFFREY N. LUTHI AND JOAN BROG PARCEL NO. 3 REVISED" dated 26 June 2009 attached hereto (the "Brog/Luthi Property); and WHEREAS, the Carter Trust is the owner of the property identified as the "Residential Property and Acreage" that was described in the Quitclaim Deed that was recorded January 3, 2000 in Book 440 at Pages 053 and 054 as Instrument No. 863441, a copy of which is attached hereto (hereafter the "Carter Trust Property and WHEREAS, Brog /Luthi and the Carter Trust agree that the north/south common property boundary between the Brog /Luthi Property and the Carter Trust Property is the north line of the SE1 /4NW1 /4, or, alternately, the south line of the NE1 /4NW1 /4 of Section 7, T32N, R118W, of the 6th P.M., Lincoln County, Wyoming; and WHEREAS, Brog /Luthi and the Carter Trust agree that the fence that exists between the Brog /Luthi Property and the Carter Trust Property near that common property boundary is not erected on the common property boundary; and WHEREAS, Brog /Luthi and the Carter Trust have reached agreement regarding confirming the common property boundary and maintaining the existing fence. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, including but not limited to the mutual promises made herein, Brog /Luthi and the Carter Trust, for themselves and their heirs and/or successors and assigns, hereby agree as follows: BOUNDARY AND FENCE AGREEMENT BROG/LUTHI CARTER TRUST PAGE 1 OF 7 1. That the north/south common property boundary between the Brog /Luthi Property and the Carter Trust Property is and shall remain, until mutually agreed upon in writing otherwise, the north line of the SE1 /4NW1 /4, or, alternately, the south line of the NE1 /4NW1 /4 of Section 7, T32N, R118W, of the 6th P.M., Lincoln County, Wyoming. 2. That the fence that exists between the Brog /Luthi Property and the Carter Trust Property is not erected on the common property boundary. 3. That until such time as either the owner of the Brog /Luthi Property and /or the owner of the Carter Trust Property moves or rebuilds said fence, the fence may remain and be maintained where it is erected. 4. That unless there is mutual written agreement otherwise between the owner of the Brog /Luthi Property and owner of the Carter Trust Property, the location of the fence shall in no manner whatsoever determine any matter regarding the common property boundary of the Brog /Luthi Property and the Carter Trust Property, or the ownership of the lands south of the fence, and no claim shall be raised by adverse possession or otherwise for the land lying between the fence and the common property boundary. 5. Until such time as the fence is rebuilt or a new fence is built, the owner of the Brog /Luthi Property shall not be liable to the owner of the Carter Trust Property for the use and enjoyment of that land that lies on the Carter Trust's side of the boundary as a result of the location of the fence, and the owner of the Luthi /Brog Property shall indemnify, save and hold harmless the owner of the Carter Trust Property for any claim that arises from and as a result of use of such land. 6. That at such time as the fence is rebuilt, not including minor repairs, or a new fence is erected, the rebuilt or new fence shall be erected on the above defined common property boundary between the Brog /Luthi Property and the Carter Trust Property. 7. That either the owner of the Brog Luthi Property or the Carter Trust Property may move the fence to the above defined common property boundary or erect a new fence on the common property boundary at any time; provided, however, that the owner moving the fence to the common property boundary or erecting a new fence on the common property boundary shall be solely responsible for the costs of moving the fence or erecting the new fence unless there is a written agreement to share the costs of moving the fence or erecting a new fence or unless the new fence is constructed pursuant to Wyoming Statutes 11 -28 -102 and 11 -28 -106. WITNESS our hands this 164 day of /'1,io.rc.14 2014. [Separate signature pages follow.] BOUNDARY AND FENCE AGREEMENT BROG/LUTHI CARTER TRUST PAGE 2 OF 7 JAN N. BROG, TRUST of The Joan N. Brog Trust dated the 2nd of June, 2005 STATE OF UTAH COUNTY OF CACHE SS. ACKNOWLEDGED before me on this, the 6 day of M are A 2014, by J AN N. BROG and ROY ALVIN BROG, TRUSTEES of The Joan N. Brog Trust dated the 2nd of June, 2005. WITNESS my hand and official seal. My Commission expires: 11 /6 of Th- oan N. Brog Tru dated the 2nd of June, 2005 BOUNDARY AND FENCE AGREEMENT BROG/LUTHI CARTER TRUST PAGE 3 OF 7 NOTARY PUBLIC DONJA WRIGHT My Commission 650441 My Commission Expires November 18i, 2015 STATE OF UTAH STATE OF UTAH SS. COUNTY OF CACHE ACKNOWLE !1 GE !1 before me on this, the 6 day of /1/11 /4 2014 by LANA DRUE SKINNER. WITNESS my hand and official seal. My Commission expires: BOUNDARY AND FENCE AGREEMENT BROG/LUTHI CARTER TRUST PAGE 4 OF 7 NA DRU SKINNER NOTARY PUBLIC DONJA WRIGHT My Commission 650441 My Commission Expires November 18•, 2015 STATE OF UTAH STATE OF WYOMING SS. COUNTY OF LINCOLN K STINE LUTHI ELLIS ACKNOWLEDGED before me on this, the C l'9-day of KRISTINE LUTHI ELLIS. WITNESS my hand and official seal. i_410 t 2014 by ;HRISTINA K. ALLRED NOTARY PUBLIC COUNTY OF STATE OF ;i6( L INCOLN WYOMING fi Y COMMISSION EXPIRES APRIL 30, 2017 My Commission expires: '3D -1'7 OTARY PUBLIC BOUNDARY AND FENCE AGREEMENT BROG /LUTHI CARTER TRUST PAGE5OF DISTRICT OF COLUMBIA SS. CITY OF WASHINGTON ACKNOWLEDGED before me on this, the o/ day o JEFFERY N. LUTHI. WITNESS my hand and official seal. My Commission expires: �0 BOUNDARY AND FENCE AGREEMENT BROG/LUTHI CARTER TRUST PAGE 6 OF 7 LIC STATE OF WYOMING SS. COUNTY OF LINCOLN WITNESS my hand and official seal. My Commission expires: 1 BOUNDARY AND FENCE AGREEMENT BROG/LUTHI CARTER TRUST PAGE 7 OF 7 ALLEN D. CARTER, TRUSTEE of the Allen Carter Family Trust dated the 8th of November, 1999 ACKNOWLEDGED before me on this, the 0 day of "\r- r c- 2014 by ALLEN D. CARTER, TRUSTEE of the Allen Carter Family Trust dated the 8th of November, 1999. NOTARY PUBLIC PAMELAJ. CLEMENT NOTARY PUBLIC County ;1; Stated Lincoln *mine MY COMMISSION EXPIRES Nowmbar 13.2014 ti MIA.. Scralml hey], adJR'. "uI1W+ feu. Sing Oahe auomratn an WZA Uw6 tn I s N 371111 zv.R.GN'EA SCIII„HHI:r W. Kagtoatkan He. MO gulwrtn 54.1n!1CI. LTD A. r,4fymlirg JOSsml, 0yt"m I. x�.i11 i01;Ipui Y,:,Inin L4nl`yClua; I�s1.0 DESc:RI FOR LANA DR[J SKINNER, KRISTINE LUTFII ELLIS AND JEFFREY N. LUTE' AND JOAN I3ROG PARCEL NO. 3 REVISED `1"o =Wit: All of Parcel No. 3 as described in that document of record in the Office 01' the Clerk of Lincoln County in Book 590 of Photostatic Records on page 867; AND that part of the NE'rINWV.1 of Section 7, T32.N R118W, Lincoln County, Wy'onrinw being part of that not of record in said Office in Book 215 of .Photostatic Records on page 35, described as follows: BEGINNING at the SOU-UMW earner of Said NEANW' 26 .tune 2009 1 h u �.n ry �t t 1015 nor 1 ':p7/ 411 mi1 thence N00 0l'- 15 "1M, 5.33 feet, along the west line of said N:E'V. NW ii, to anoint on the South line of that tract of record in said Office in Book 684 or Photostatic Records on pail. e 307; thence S89 55' -37 "E, 871.71) feet, along said south line and the south line of that tract oi" record in said Office in Book 684 of Photostatic Records on page 305, to a point at the southwest corner of said tract in Book 684; thence 800'.12'-13"W„ 6.87 foot, to a point on the south line ofsaid N1 4NWk thence N$9 49'-24 "W,. 871.68 feet, along said south lino, to the CORNER OIL BEGINNING; INCOIvIPASSIN.G an area of 82,14 acres, more or less; the BASE BEARING for this survey is the west line of the NWY•, oi' Section 7, T32N R I I SW, being N00° -0:5'-00 "1; each "corner found as described in the Corner IZ -ofd tiled or tot) fled in the Office of the Clerk of Lincoln County; PY each "point" marked by a 5(8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SU"RVEYOR SCI ERI3I L LTD A1^TON 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 FOR JOAN BRO0 AND LANA DRU SKTNNER R AND KRIS TINE Lunn ELLIS AND JLFF•RC'r N..LUT WI I I•ON THE SWV1NI ,:l N'l.=',aNW/ Sls;4NW'V.., SW'I.NWY. SECTION 7 't"32N RI1SW 1..INC)LN COUNTY, WYOMING dated 19 June 2009, as revised. ':TIC;±.'. -1 I: •7`Nufl;: Lcc t.1, "Modification iii any way of the foregoing description terminates liability of the surveyor" PECEiVED '!CQt,N COUNTY n 8 6 3 1 4 1 4 00�„�, 4� 0 51 QUITCLAIM DEED BOOK_,.. rsl,PAGE.,, JEANNE. KEMMEERER, is OM11. G KNOW ALL MEN BY THESE PRESENTS, That Allen D. Carter, aka Allen Carter, M.D., of Afton, Lincoln County, 1Nyoming, in consideration of the trust created herein and for the other covenants contained herein, conveys and quitclaims unto Allen D. Carter and his successors, Trustee, for the uses and purposes set forth in the Allen Carter Family Trust between Grantor and Trustee,'dated the 8th day of November, 1999, Allen D. Carter, beneficiary, all such right, tide, iiterest, property, possession, claim and demand as he has or ought to haue, in or to all the ;allowing described premises, in the County of t.;incoln, State of Wyoming, to -wit: Residential Property and Acrogej A tract of land lying in the :NW1 /4NE1 /4 of Section 7, T32N, R118W of the 6 P. M. Wyoming, morr'; fully described as follows; BEGINNING at a point which is East 32'45.70 feet, and South 891.00 feet from the Northwest Corner of said Section 7, and proceeding thence East 724.30 feet; thence South 0 °05` East, 434.00 feet; thence West 987.05 feet; thence North 24 °49' Wes:, 49.35 feet; thence North 17 °46' West, 267.70 feet; thence North 43 °30I West, 185.20 feet; thence East 492.00 feet to the' point of beginning, skid tract containing 10.70 acres, more or less, together with all water, grater rights, 'mineral rights, improvements and appurtenances thereon ';situate or in anywise appertaining thereunto. Subject, however, to all reservations, restrictions exceptions. easements and rights -of -way of record or in use. Together with an easemgi;it for purposes of ingress and egress and utility lines or any other purpose associated with the use and habitation of the above- described property which is described as follows: BEGINNING at a point Nrich is South 0 °05' East, 1259.0 feet from the Northwest corner of Section 7, T32N, R118W, 6th P.M., Wyoming, and proceeding thence South 0 East, 66.00 feet; thence East 3207.92 feet; thence North 21 °34` West, 70.97 feet; thence West 3181.83 feet, more or less, to the point f beginning. A tract of land lying in the NWI /4NE1 /4 and the NE1 /4NW1 /4 of Section 7, T32N, R118W of the 3 P.M., Lincoln County, Wyoming, more fully described as follows: BE =,INNING at a point which is 888.17 feet South and 2193.00 feet East rom the NW Corner of said Section 7 and proceeding thence East .;550,70 feet; thence South 2.77 feet; thence South 43 °30' E, 185.20 fret; thence South 17 E, 267.70 feet; thence South 24 °49' East, 43.5;ry feet; thence West 778,14 feet; thence North 431.54 feet to the point of beginning. 0863441 Fairview Property: The S1 /2SE1 /4NEW1 /4 <f Section 14 in T31N, R119W of the 6 P.M., Wyoming, together with all water rights and appurtenances thereunto appertaining, containing twenty (20) acres, more or less. IN WITNESS WHEREOF Allen D. Carter has hereunto set his hand the day and year first above written. STATE OF WYOMING ss COUNTY OF LINCOLN The foregoing Quitclaim Der d was acknowledged before me by Alien D. Carter this day of December, 1999. Witness my hand and officisf' seal. LAYNA. HADEn61r NOTARY I'uai State Wyomi j Feb. 26: 2r. County of LinoOln My Comnrission.Exprn My commission expires: Fr Druary 26, 2000, 2 Allen D. Carter 054