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HomeMy WebLinkAbout976656976656 5/15/2014 4:28 PM LINCOLN COUNTY FEES: $40.00 PAGE 1 OF 10 BOOK: 832 PAGE: 512 EASEMENT JEANNE WAGNER LINCOLN COUNTY CLERK III III IIIII 1111 I I IIIII II 1 111111IIII IIIII I 1 11111 11011111 111 UNDERGROUND WATER PIPELINE EASEMENT AGREEMENT THIS UNDERGROUND WATER PIPELINE EASEMENT AGREEMENT, effective this 28th day of April, 2014 is entered into by JED O. JOHNSON and LORIE L. JOHNSON, husband and wife, as tenants by the entireties, of 2405 State Highway 238, Auburn, Wyoming 83111, Grantors, and ]EUGENE K. WORTON, TRUSTEE of the Worton Family Trust dated May 10, 1995, 244 Tom's Canyon Road, Auburn, Wyoming 83111, Grantee. WHEREAS, Grantors owns that real property described in the Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on June 26, 2003 in Book 525 PR at Page 284 as Instrument No. 891112, a copy of which is attached hereto; and WHEREAS, Grantee is the owner of that real property described in the Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on October 23, 1995 in Book 375 PR at Page 98 as Instrument No. 810337, as modified by the Affidavit of Survivor Trustee filed in the land records of Lincoln County, Wyoming on September 9, 1998 in Book 417 PR at Page 96 as Instrument No. 853141, copies of which are attached hereto; and WHEREAS, Grantors have agreed to grant to Grantee a perpetual underground water pipeline easement for the installation, construction, inspection, removal, replacement, and continued maintenance and operation of an underground water pipeline and related structures, appurtenances, and facilities, along with the right to enter upon said lands for said purposes, with all rights of ingress and egress necessary or convenient for all rights and privileges incident to use of the easement for such purposes, all as set forth below. NOW, THEREFORE, Grantors and Grantee agree as follows: i. EASEMENT ESTABLISHED. Grantors, for themselves and their heirs and /or successors and assigns, hereby grant and convey to Grantee, and his successors and assigns, a perpetual underground water pipeline easement for the installation, construction, inspection, removal, replacement, and continued maintenance and operation of an underground water pipeline and related structures, appurtenances, and facilities, along with the right to enter upon said lands for said purposes, with all rights of ingress and egress necessary or convenient for all rights and privileges incident to use of the easement for such purposes. The location of the easement is described in the legal description attached hereto, titled: "DESCRIPTION FOR WORTON FAMILY TRUST, DATED 10 MAY 1995 IRRIGATION EASEMENT 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 UNDERGROUND WATER PIPELINE EASEMENT AGREEMENT JOHNSON WORTON, TRUSTEE PAGE 1 OF 3 III 1111 of which is hereby acknowledged, Grantors and Grantee state and declare that consideration has been provided to each of them for this Agreement. 3. EASEMENT COVENANTS. Grantors and Grantee, for themselves and their heirs and or successors and assigns, hereby agree: a. That the easement shall be for the installation, construction, inspection, removal, replacement, and continued maintenance and operation of an underground water pipeline and related structures, appurtenances, and facilities, along with the right to enter upon said lands for said purposes, with all rights of ingress and egress necessary or convenient for all rights and privileges incident to use of the easement for such purposes. b. That following the disturbance of the easement area for the underground water pipeline and related structures, appurtenances, and facilities, Grantee shall take reasonable actions to restore the surface of the easement to its prior condition. c. That Grantee agrees to indemnify and hold Grantor harmless from any and all liability for personal injury or property damage that results from, arises out of, or may be attributed to Grantee's use of the easement. 4. EASEMENT TO RUN WITH THE LAND. The easement created herein shall run with the lands identified herein. 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 successors or 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. IN WITNESS WHEREOF, Grantors and Grantees signed this Agreement. 15D O. JOH ON EUGE K. WORTON, TRUSTEE of th- orton Family Trust dated May 10, 1995 Pi rA T OR1U L. JO NSON Lore UNDERGROUND WATER PIPELINE EASEMENT AGREEMENT JOHNSON WORTON, TRUSTEE PAGE 2OF3 STATE OF WYOMING SS. COUNTY OF LINCOLN and May ACKNOWLEDGED before me on this, the /24 day of-Apri+, 2014 by JED O. JOHNSON L. JOHNSON. WITN SS my hand and official seal. LAYNA J. WADERLIE NOTARY PUBLIC County of State of Lincoln Wyoming JiuS My Commission Expires: January 22, 2017 My Commission expires: SS. COUNTY OF LINCOLN STATE OF WYOMING ACKNOWLEDGED before me on this, the 2day of April, 2014 by EUGENE K. WORTON, TRUSTEE of the Worton Family Trust dated May 10, 1995. WITNESS my hand and official seal. JAMIE DECORA NOTARY PUBLIC County of Lincoln My Commission Expires June 27, 201 My Commission expires: State of Wyoming 2Z, zol q NOTA PU UNDERGROUND WATER PIPELINE EASEMENT AGREEMENT JOHNSON WORTON, TRUSTEE PAGE 3OF3 RECEIVED LIMCOt- /la N COUNTY CLERK Q I )o)ItpEED 03.1215 k111: 12 KNOW ALL MEN BY THESE PRESENTS, That LOUISE Tf- 401N.SQ,N r aka Louise s, rr r;, Johnson., Trustee of the Orson E. Johnson and Louise T. Johnson Trust'dated=;;lyne;.lfir1'980, by Jed O. Johnson her attorney -in -fact, in consideration of Ten and No /100 Dollars ($10.60) and other good and valuable consideration, the receipt of which is acknowledged, conveys and quitclaims unto Jed O, Johnson and Lorie L. Johnson, husband and wife, as tenants by the entireties, of 2405 State• Highway 238, Auburn, WY 83111, all right, title, interest, property, possession, claim and demand in or to all the following described premises located in Lincoln County, Wyoming, to -wit: BOOK 5 r iPR PAGE 13 4 SW1 /4NW1/4 and NW1 /4SW1/4 of Section 25; SE1 /4NE1/4 and NE1 /4SE1/4 of Section 26; all in T33N, R119W of the 6th P.M., Wyoming. W1/2NW1/4 of Section 23, T33N, R119W of the 6th P.M., Wyoming. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. IN WITNESS WHEREOF, 'I have hereunto set my hand and seal this 4th day of June, 2003. STATE OF WYOMING ss. COUNTY OF LINCOLN My commission expires: 1) )WIN 0 Louise T ohnson, Trustee, by Jed O. Jo nson, her attorney -in -fact The foregoing Quitclaim Deed was acknowledged before me by Jed O. Johnson as attorney -in -fact for Louise T. Johnson aka Louise Johnson, Trustee of the Orson E Johnson and Louise T. Johnson Trust dated June 16, 1980, this P day of 2003. Witness my hand and official seal. GEFlALD L. GOULDING NOTARY PUBLIC County of R State of Uncotn `�D Wyoming My Commission Expires May 2, 2007 NOTARY PU =LIC KNOW ALL MEN BY THESE PRESENTS, That Eugene K. Worton and Deana N. Worton, husband and wife, of Auburn, Lincoln County, Wyoming, in consideration of the trust created herein and for the other covenants contained herein convey and quitclaim unto Eugene K. Worton and Deana N. Worton and their successors, Trustees, for the uses and purposes set forth in the Worton Family Trust between Grantors and Trustee, dated the 10th day of May, 1995, Eugene K. Worton and Deana N. Worton, beneficiaries, all such right, title, interest, property, possession, claim and demand as they have or ought to have, in or to all the following described premises, in the County of Lincoln, State of Wyoming, to -wit: PARCEL #1 CHARLIE JOHNSON PLACE NE1 /4NE1/4 of Section 27; N1/2NW1/4, (except 2 rods along the N. side of NE1 /4NW1/4) and the NW1 /4NE1/4 of Section 26, all in T33N, R119W, of the 6th P.M, Wyoming, EXCEPTING AND RESERVING THEREFROM one half of all mineral, oil, and gas rights on the property hereinabove described. PARCEL #2 RESIDENCE A parcel of land in the NE1 /4NW1 /4 of Section 35, in Township 33 North, Range 119 West of the Sixth Principal Meridian, as follows: Commencing at a point which is 16 feet West of the Southeast corner of the NE1 /4NW1/4 of said Section 35, running thence North 90 °00' West fdr 70 feet along the sixteenth line to point A, thence North 00 °00' West for 153 feet to Point B, thence North 90 °00' East for 70 feet to Point C, thence South 00 °00' for 153 feet to the point of beginning, said parcel of land contains about 1/4 acre, more or less, in Lincoln County, Wyoming. PARCEL #3 BUSINESS BUILDING at Recorded 0LT•a .4j In Book 315QR 0....Kemmerer. WY. QUITCLAIM DEED No 0 1 4 3 7 Marsha Moe. Clerk Beginning at the Northwest Corner of Lot 3, Block 29, Aftori Townsite, Lincoln County, Wyoming, and running thence East 165', thence South 46', thence West 165', thence North 46', to the point of beginning. PARCEL #4 BAGLEY PLACE Township 33 North, Range 118 West: Section 18: W1 /2SE1 /4; SE1 /4SW1 /4 Section 19: N1/2SE1/4; NE1 /4SW1/4; W1 /2NE1 /4; NW1 /4;. Subject to: EXCEPTING THEREFROM a portion of the NW1 /4NW1 /4 (.05 acre) and portion of NE1 /4SW1 /4 (.20 acre) Section 19, T33N, R118W, conveyed to Lincoln County by Warranty Deed, recorded August 4, 1936, Book 20 Deeds, Page 208. Township 33 North, Range 119 West: Section 24: E1 /2NE1 /4; E1 /2SE1 /4; SW1 /4NE1/4; East 5 acres of NE1 /4SW1/4. Right -of -Way Easement to State of Wyoming, recorded April 29, 1957, Book 22 P.R., Page 54, records of Lincoln County, Wyoming. Said easement being for roadway (part NE1 /4SW1/4 and NW1 /4, Section 19); Right -of-Way Easement to State of Wyoming, recorded July 14, 1959, Book 34 P.R., Page 450, records of Lincoln County; Wyoming. Said easement being for roadway (part NW1 /4NW1 /4, Section 19); Restrictions and reservations contained in the United States Patent• to said land; and Right, title and interest of the public in and to.those portions of the herein described premises falling within the bounds of roads and highways; including and together with All and the tenements, hereditaments, appurtenances, and improvements thereon or thereunto belonging, but subject to taxes, reservations, covenants, conditions, restrictions, rights, rights -of -way and easements of sight and record. PARCEL #5 HOME PLACE The Southeast Quarter.of the Southwest Quarter (SE1 /4SW1 /4) of Section 26; and the East Half of the Northeast Quarter of the Northwest Quarter (E1/2NE1 /4NW1/4) and the East 94 rods of the South Half of the Northwest Quarter, of Section 35, all in Township 33 North, Range 119 West of the 6th P.M., Wyoming. IN WITNESS WHEREOF, Eugene K. Worton and Deana N. Worton, husband and wife, have hereunto set their hands the day and year first above written. 2 9 r STATE OF WYOMING COUNTY OF LINCOLN GERALD L. GOULDING NoIary Public Stale e1 Wyoming Lincoln County. Wyoming Commission Expires May 2. 1999 ss. My commission expires: June 2, 1996. Eugene K.•Worton Oe- z-r. 11 �l.Ja Deana N. Worton The foregoing Quitclaim Deed was acknowledged before me by Eugene K. Worton and Deana N. Worton, husband and wife, this qiI day of ,f)c4e9ber 1995. Witness my hand and official seal. NOTARY PUBLIC o STATE OFWYOMING ss. COUNTY OF LINCOLN e BOOK f PAGE REC8V[D AFFIDAVIT OF SURVIVOR TRVST4pc0LN COUNTY CLERK g53 k 98 8EP-9 pH 3: E I Is.1 Eugene K. Worton, of 244 Tom's Canyori Road, Aubum, Wyoming. 83111. upon his oath deposes and says: 1. That he is the surviving Co-Trustee in the Worton Family Trus dated May 10, 1995. the other Co-Trustee, Deana N. VVorton, having died on October 23, 1906. A copy of her Certificate of Death is attached and incorporated herein by this reference. 2. That by a Quitclaim Deed dated May 10. 1995. and recorded in the office of the Lincoln County Clerk on October 23, 1995. in Book 375 P.R., page 98. certain real property was conveyed to Eugene K. Worton and Deana N. Worton as Trustees of the Worton Family Trust dated May 1U.1O95. 3. That as of October 23, 1996, the date of death of Deana N. Worton, Eugene K. Worton became the sole Trustee of the Worton Family Trust including its ownership of the real property described in the Quitclaim Deed referred to above. DATED the 27th day of August, 1998. Subscribed and sworn to by Eugene K. Worton, before me this g day of Witness my hand and official seal. County of Lincoln Stale ol Wyoming My Commission Expires: Feb. 26, 2000 My commission expires: „ZK: t I5 FOSITIt)N r, X!1; 6 44; VR 2 -A9 4/94 15M N. 1 V' Cif !Illlti' ^n h l""' l {fFyi' c�: 16 vii0i iiflShm l L,. t'(t hfftf a >,r;1.). ar n ,p •L a lirF.,�;. 9z7a M 8 iri,F., (11 �j l' I tii •T.1, l� 2a .A y �ilt g� Di 1 ,b .;,`,A frl.�l l 1.:,, r iY ,t ll .e2.�S �i' •�j' [Gl, s!:1 PN; i•. t !r/ f ��:_...1 'e0y 'L` F LT r b CERTIEIC TIO F IV,ITA 4RfiCQR_D, t g NHYANeY BIATAYFN'IA"fIYI f�RfATAV A1iYY19KM4YON£ 610A'ffT Tft 4 4941, st LOCAL PLE NUMOEIT I. OECEOEN f•NA0E FOIST DEANA SOCIAL SECO..•. :•AER Ia. PLACE OF 0EA111 (0)A O61 a.) 10..13310E 51fY 1113157 r•.dh w a no/ 05 NO .t G 9grN.nr 4)a Fo0Npa. I any 1e slag ale.nd.a atom. Earl UNoERLnNO CAUSE (area a WFY P.T. I ni U d 0aa n.DIN h a arIe WT .Y STATE OF•.. L>,IrA151 Y0 DEPARTMENT OF HEALTH 11. FAIRER'S NNAE Flal MAX 21. NAME A10 MORESS Ur CERTIFIER 1(71130.23 On COIONEn1109. a 0431 MICHAEL MENOLASCINO MD.' AFddn Wan p G na 6. WORE 6A 0•1681 OYIIdrY ne1 58 OEL ECEM OF ORIGIN"; C ORIGIN"; ISe.nrma no u 7.n.... Near ObRW.EAr, Node F. Elel On 'Y.. 0 (3. 114 )11 MYNAS!, •,NELSON RIE 10 )00 A2 A CONSEQUENCE OFT: STATE OF WYOMING. DEPARTMENT OF HEALTH CERTIFICATE DEATH WORTON 1.1R16111 K gIro.lwn OEnFarn.11..l 000* !Mat O N.,.n Hem 0IlabeR. 000x medal 16 FACILITY NAME IN an I...M, dr 20,0 m. 1....l is OIY.101/111. On LOGT}01 OF DEATH P `ST. JOHN' S ''HOSPITAL JACKSON-' H.' B. SIAM OF SNOW ea N USA., none Fw.P11 B. MAnfCO, NEVER 14M121E0. 10. SURVMNO SPOUSE 11/ 040. O'n (Wan ro' M90O.VEU. UN0nCE0 (SParyl .WYOMING. MARI!IED• l'" 4EUGENE. ORTON`rj, >,1 11. VAS OECEOENI EVER 01 U.S. ARME0 FORCES, N V 12.. USUAL OCCUPATION IOn lid r Ome °alp n0N .1 9 20 RNO OF OUSINE99 O WOU90M l0.dsr an a n). OCCUPATION. MI F .ar.e h•..; TA'X SERVICE •NO ACCOUNTANT IY.RESIDENCE STATE.. N 130. COUNTY 100 CITY, IWIN 011 LOCATION l' 100.6TREET. 3(01M0ER. y^ 3 r WYOMING t' LINCOLN AUBURN 244 :TOMS CANYPN ROAD. 22 *090 lad mm Inons00. (st.cn .d f10r1 ZA 1101M OF DEATH 1uTL5jy �dC 9 05 1:15'P 226 NAME OF ATTENON O O NIYSICUN IF MER THAN CERTIFIER rhP• a nFg a• 5T.'. q g5L 11 0 A 4. 0 3 l.. 5'dy� 3'� �.itl1 }l{J�1Ih U C L This Is °,rue and exact reproduction of the Jocumenl on file in the oflice °I Viral Maras nal Mom aoa d Fee DF uwnr.Al tae. w fs M0r.0. .U.ISnUYI Records SoMcos, Cheyenne. Wyoming. I DATE ISSUED: JAN i 6 1998 N se ONO 16, RACE•Aah nIAN.M1 06.. Yana. Et (SWOT) WHITE 1 MOTNER'S NAME:, .ADA \w CITY 0,1°0'111 6TAIE AUBURN. WYOMING.(' ISA RE091AU1. LL 1 d Q. (Serena/ In._ A )e .t 0 0 rk X PART!. E0ar0.aw..AlHwaAa earrIba PAl u,Od0e.0.1b n1eaalM n0.11 hW. .d, Anc 2 11'22 ✓na. TOY a. m. a l4). OIUERATE CAUSE MAY F 1 1 n/ s ellasaa t swan. Y !0 810 e w1 Vl OUE TO IOW AS A CONSEOUENCF OFT: OUf TO IQR A9 CONSEQUENCE OFT: d PART 0.m11ER S0NNICU.T C0WA00NS•Cada.n. 007504000 a.0 ON 001 Weed a cow der 019011. 26 11401En OF 061111. 20.. 4410 0 .F M 0 04 Yoe. I1210 YF 30e. :14 OM I a GEE 0.001E0 ,41E7122 04 FEMALE• OCTOBER 2.3,f1996 117 MY B. LATE OF BIRTH (.EA, On, nJ r""" MAY 3 1938 i,, r6Fed,, nnY.ra all sods m.RYd 1 SLUE FILE 1611.18E11 10. COUNTY OF 050011 TETON, x Ean.n /Salaam y.10.I24CdJ 0. 11.1 er 6.) M1Y I Waft M.Man SFnn. 1261..110NSIW TO OECEDFHT,y,: t 11USDAND i 1 1 ..NF0RIata.NAME 1(IP a 0101 a EUGENE WORTON 911 AW1010 ADOREB,9,::.: STREET. on 0.11.°.4,220 1 244 OMS `:CANYON ROAD 20.. s6 R..n.d 1060ATE(W. D 0l 20c.CME E1 EMI OR CREleAlprY•SWF 200. LOCATION 0re.ganT0Ml STATE sal. I Owp 6. 1.I •I n. a Y .;T .1 PIT' O N r. i WYOMING CTOBER 28,1996 AFTON CEMETERY r.en Aa 10•nln, 216 NAME OF FARLOY Rana, E13.HO10E93,FF.CS Y ,'.f SCHWAB !IORTUARY )`•'.,45•,'•.1 4 4.:5:.; FOURTR'AV.E, AFTON,. p mya 2 2y.o, Ile wb ...n:nly, .dry Y...urlo,FmA,d.An ao.rd,( 6' 1 1 9 14. 4 O es6M1F 236 N01.111 0F0E2111 220.PII0NO0NCE0 on. 4)J 4 20.. PRONOUNCE° DEA0 1NOVl,. 555 5. BROADWAY` '%JACKSON, WYOMING '83001 266 GTE RECEIVED oY REOOTRAR 06, n CA Y /i. 0..1 .d Or16 IO I Lucinda McCaffrey Deputy Stale Registrar FY 27. AUTOPSY IS(.dh 21. .3 CASE REFERRED 10 CORONER Os. Fa In an r3F.rd, rr a 00l .1);*.' NO 1 200.0E0CR0E 110(1 000HY OCCUNIEO 309 LOCATION IS0..l .d Pen., or REN Ron. N0Oe, COY or Tan, Waal I.t '.This copy prpar paper Save displaying 1, Snn Dyy S) Y py 114)°, valid unless r ed °n 2 tt ,v11h In engraved J border Jis la n the dale, seal and ii Nre of the D< i State Registrar. o •w '•2 %a ..1110;5 ..d:•.. °.i _:.yl.........I.fuH..... 9"^ s aws W +�sawulauzlw.w,uuea2r!�u auu�u�.0 i +a�+iatu9.u�uisauiau }uuautuiaub Duttutl+fi�e ftud>r aWtuN N1JJ Wl+ +l�Il! 1122220 URE'YO DS 1 1 111 '•acRFM! kti *iT•T•i N :,;Ii ys7., lei' ANYaACTER •TIO •iFjp.: M 18 CERLIF.ICAT .j !:r+�i :'vl;l- atir. 7,71 111 '1f �4!) z6x�ll�l sm�•_> ,•._...'.n.3 ,e1, k,n .I......- a......_. nom Ufet... .iefee:.r.:i,:r_*,. l l lr �....v.- 3ssional Land Surveyors L N. SCHERBEL Registration No. 164 Registration No. 1670 o Registration No. 3990 ida Registration No. 6805 TT A. SCHERBEL Registration No. 3889 Registration No. 372111 o Registration No. 8026 ;LOWE A. SCHERBEL Registration No. 5368 tL F. SCHERBEL Registration No. 11810 o Registration No. 13493 :D5 No. 1223 eyor Scherbel, LTD. t, Wyoming iney, Wyoming son, Wyoming 1 Hot Springs, Idaho tpelier, Idaho DESCRIPTION FOR WORTON FAMILY TRUST, DATED 10 MAY 1995 IRRIGATION EASEMENT To -wit: 22 April 2014 The west nine- hundred (900) feet of the north twenty (20) feet of the SE' %NE' /4 of Section 26, T33N R119W, Lincoln County, Wyoming. Land "Modification in any way of the foregoing description terminates liability of the surveyor"