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HomeMy WebLinkAbout977027 tIickmAN 2 I 977027 LINCOLN 6/13/2014 2:39 PM COUNTY FEES: $69.00 PAGE 1 OF 20 Compa BOOK: 834 PAGE: 81 EASEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK 1111 1 111 I I I 1 X1 1 11 11 111 Dill I� 1 lI EASEMENT AGREEMENT Lyle- THIS EASEMENT AGREEMENT, effective this ,.5 day of Mar 2014, s b"- and between EDWIN G. McNEEL and FLORENCE M. McNEEL, TRUSTEES of the McNEEL FAMILY TRUST u /t /a dated March 22, 1995, P.O. Box 3031, Alpine, Wyoming 83128, hereafter referred to as "Ed Floss DOUGLAS R. McNEEL and CHRISTINE L. McNEEL, husband and wife, #20 Lever Springs Road, Alpine, Wyoming 83128, hereafter referred to as "Doug Christine and MERRILL McNEEL and LINDA McNEEL, TRUSTEES of the MERRILL AND LINDA McNEEL FAMILY TRUST dated December 17, 2007, 114277 Highway 89, Alpine, Wyoming 83128, hereafter referred to as "Merrill Linda all hereafter jointly referred to as the "Parties WHEREAS, Ed Floss own the property described in the Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming, on April 16, 2004 in Book 552 beginni E.t Page 489 as Instrument No. 898559, a copy of which is attached hereto, hereafter the "Ed Floss' Property and WHEREAS, Doug Christine own the property described in the Warran :y Deed that was recorded in the land records of Lincoln County, Wyoming on August 30, 1995 in Book 3'72PI beginning at Page 720 as Instrument No. 807501, a copy of which is attached hereto, hereafter the "Doug Christine's Property"; and WHEREAS, Merrill Linda own the property described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on December 20, 2007 in Book 681 beg nning at Page 653 as Receiving No. 935711, a copy of which is attached hereto, hereafter "Merrill Linca's Property"; and WHEREAS, the Parties have agreed to the creation of an easement running from U.S. Highway 89 across Ed Floss' Property to provide access to Doug Christine's Property r.nd to Merrill and Linda's Property for non exclusive ingress, egress, and underground utilities. NOW, THEREFORE, the Parties hereby agree as follows: 1. EASEMENT ESTABLISHED. Ed Floss, for themselves and their hei s and assigns, hereby grant and convey a perpetual non exclusive easement for ingress, egress, and underground utilities across a portion of Ed Floss' Property in favor of and for the benefit of the Doug Christine's Property and to Merrill Linda's Property, said easement being more particularly described in tht: "DESCRIPTION FOR McNEEL SIXTY (60) FOOT ACCESS EASEMENT dated 19 May 2014, which is attached hereto. 2. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the mutual promises and agreements of the Parties, and other valuable consideration, in hand paid, tL e receipt of which is hereby acknowledged, the Parties state and declare that consideration has been provided to each of them for this Agreement. EASEMENT AGREEMENT MCNEEL, TRUSTEES MCNEEL, ET UX. MCNEEL, TRUSTEES PAGE 1 OF 4 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 impedz free ingress and egress of the Parties, 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 for private and commercial ingress and egress, but such use shall not occur in such manner that the use im:erferes with any other person's 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 pro Derty 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 property owner responsible therefor. No property owner 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 property owner may, but is not obligated, to pz.y the lien. The property owner 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 upon by the Parties in writing. Absent written agreement, each property owner shall be responsible for whatever snow plowing that property owner determines is necessary for access to their property and no other property owner shall be held responsible for the costs of plowing or removing snow. e. Any improvements made within the easement shall be at the sole e+pense of the property owner making the improvements unless otherwise agreed to in writing. f. The Parties hereto each agree to indemnify and hold harmless tle ether property owners 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, r_ot a county road, unless otherwise agreed to by the Parties. 4. EASEMENT TO RUN WITH THE LAND. The easement createc hetein shall run with the lands identified herein, and shall be binding on and shall inure to the benefit cf the Parties and their respective heirs, 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. EASEMENT AGREEMENT McNEEL, TRUSTEES McNEEL, ET UX. McNEEL, TRUSTEES PAGE 2 OF 4 6. MODIFICATION OF AGREEMENT. Any modification of this Agreement shall be binding only if evidenced by agreement in writing signed by the Parties or their heirs or successors and assigns. 7. WAIVERS. The failure of the Parties to enforce the performance of tl e 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 condit ons 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 property owners 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 I itigation shall be entitled to a reasonable sum for attorney's fees. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed. ED FLOSS: EDWIN G cNEEL, TRUSTEE FLORENCE M. M cNEEL, RUSTEE of the Mc I EEL FAMILY TRUST of the McNEEL FAMILY TRUST u /t/a dated March 22, 1995 u /t /a dated March 22, 1995 STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 5 +h day of May, 2014, by EDWIN G. McNEEL and FLORENCE M. McNEEL, TRUSTEES of the McNEEL FAMILY TRUST u /t /a dated March 22, 1995, pursuant to authority provided to them in said Trust. WITNESS my hand and official seal. WI\ 1n ,1.°wW.47h 0, "lf'".0,......r 1AV.Wy/1., V1C I II_ Mf iN Ci\I NOTARY PUBLIC f J� '1it; Of (�C) 11 i l ii. 1 i� 7t NOTARY PUBLIC MY CGh�1i'YiiSSlr)N CXF �����.:_ti Dt:c 2U1 My Commission expires: 1 a .:11. Ui 4 EASEMENT AGREEMENT McNEEL, TRUSTEES McNEEL, ET UN. McNEEL, TRUSTEES PAGE 3OF4 DOUG CHRISTINE: DOUGLAS McNEEL t C.}1 1 124§TISE 1 1:. c EL STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 11 day of May, 2014, by DOUGLAS R. McNEEL and CHRISTINE L. McNEEL. WITNESS my hand and official seal. EUZABETH G. DOWILLE- NOTARYPOLIC a n County of ant�+at c j V Lincoln MNf NOTAUBLIC My Commission Expire: ce, My ommission exp J L MERRILL LINDA: MERRILL McNEEL, E TRUSTEE LIA McNEEL, T' U RUS� of the MERRILL AND LINDA McNEEL of the MERRILL AND LI DA McNEEL FAMILY TRUST dated December 17, 2007 FAMILY TRUST dated December 17, 2007 STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 1._day of May, 2014, b} MERRILL McNEEL and LINDA McNEEL, TRUSTEES of the MERRILL AND LINDA McNEEL FAMILY TRUST dated December 17, 2007, pursuant to authority provided to them ii said Trust. WITNES m h.nd d o' c'.I seal. EUZIBETH G. DOUVILLE NOTARY PUBLIC Coin of r t 0 A 4 My Commission Expires: r JL `L j .U, Xj NOTAR�BLIC My Commission expires: '3 -15 Ito EASEMENT AGREEMENT McNEEL, TRUSTEES McNEEL, ET UN. McNEEL, TRUSTEES PAGE 4 OF 4 aooP: tiiCl_ s�+ R EGEIvR QUITCLAIM DEL OOLb OOUNTY CLERK a 98 „59 04 APR I PI 9 =97 KNOW ALL MEN BY THESE PRESENTS, a FITIWa tilyi da McNeel, husband and wife, Grantors, of Alpine, Wyoming, for and in consideration of TEN DOLLARS, ($10.00) and other valuable consideration, in band paid, receipt• of which is 'hereby acknowledged, have bereby •remisod, released and forever' quitclaimed unto Edwin G. and Florence M. McNeel, trustees•of the McNeel Family Trust, u /t/a March 22, 1995, Grante•;; of Alpine, Wyoming; his heirs and assigns forever, all such right, title, interest, property, possession, claim and demand, as he may have or ought to have, in or to all the following described property, to -wit: A parcel of land located in the Northeast of the SouthWest Vi of Section 3, Township 36 North, Range 11.9 West of the 6" Principal. Meridian, Lincoln County, Wyoming, being a portion of that property recorded 'in Book 303PR, Page 15, and 'being more particularly described as follows: Beginning at a 5/8 .inch diameter by 16 inch long steel reinforcing ..bar with aluminum Sury -Rap inscribed, "NELSON ENGR PE /LS 578 which bears North 2.1 degrees 24 minutes 56 seconds West L., r 1931.95 feet from the South V, corner of Section 3, (BLM type brass (q cap) Thence Sout 89 degrees 39 minutes 53 seconds. West 56.44 feet to an existing elk fence corner; Thence North .10 degrees 37 minutes 47 seconds West along said elk fence 105.57 feet to the southeast corner of the Calhoun Property (a .5/8 inch diameter by 16 inch long steel reinforcing bar with aluminum Sury -Kap inscribed, "NELSON ENGR PE /LS 578")1 Thence North 88 degrees 23 minutes 47 seconds East 47;69 feet to a 5/8 inch diameter by 16 inch 'long steel, reinforcing bar with aluminum Sury -Kap inscribed "NELSON ENGR PE /LS•578 Thence South 15 degrees 05 minutes 16 seconds East 108.51 feet to the Point of Beginning. Above said parcel of land contains 0.12 acres. The Basis of Bearing being North 89 degrees i 51 37 Minutes Range 118 West along the South boundary of Section 31, p g West, This conveyance is made to adjust or clarify boundary lines be:ween adjacent properties, and the .land described herein will be merged with other land owned by the Grantee, with no intent by either'party to create any new or separate parcel of land. WITNESS their hand this. day of March 2004. smosumemammos 0898555+ 490 GRANTORS: Merrill McNeel .1 L L'. da McNec1 STATE OF WYOMING CO NTY OF /1 98 T The foregoing instrument was acknowledged before me by 14Ierrill and Linda McNees. this day of v//-�' .2004. Witness my hand and official seal, Notary Pub q'" t,10TAilY PU9UC My Commission expires: f;agitlf State of Lhicola MY Com:1* on 144,41 ors -��as' Lincoln Lounty (Jerks 16;28;57 01 -09 -2014 1(4 WARRANTY DEED 1 MERRILL McNEEL and LINDA McNEEL, husband and wife grantor of ,County of State of Wyoming, hereby CONVEY and WARRANT to DOUGLAS R. McNEEL and CHRISTINE L. McNEEL, husband and wife, as tenants by the entireties grantee s of Box 127, Alpine, WY 83128 for we sum of Ten dollars and other good and valuable consideration the following described tract of land In Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State, to -wit: SEE ATTACHED EXHIBIT "A" Subject to reservations and restrictions contained in the United States Patent and to easements and rights -of -way of record or in use. Together with all improvements and appurtenances thereon. 1Z v� Recorded at......1.. \La..'1.A...M In Book 1. Pa e ,.jZ)....Remmerer, WY. No ......r.J..J...., Marsha Moe, Clerk WIT NESS, the hand of said grantor this J (-/-6- day of y tta- n.D.1s Signed In the presence of Merr .'clee 1nia�c`ee a STATE OF WYOMING I RECORDING DATA ss. Entry No. Fee County of On the ,D 4 4 11 day or A 1.11 to S f' RECORDED O INDEXED 0 0 A.D. 10 personally appeared before rife Q PLATTED ABSTRACTED 0 COMPARED 0 DELIVERED 0 Merrill McNeel Linda McNee1 the signer S of the within instrument, who duly acknowledged to nie !hat they executed the same. v 'tarp Public Residing n n L1n ufExl- rf ornnyPuslre M �wtrnv zu STIISF nF its MU Nh7 ynos/•rvo tt! stiox +sbrrE.phas/14m20, o The land title Qmnpony r i I 7u/ 61/ 3101 Lincoln County Clerks 16:29:20 01 -09 -2014 2/4 1 SSLTD -AF 4->->' LAND TTL PO4 DESCRIPTION FOR MERRILL L. MCNEEL TRACT C To -wit:. That part of the WM of Section 3, T36N, R119W, Lincoln County, Wyoming, being part of that tract of record in the Office Of the Clerk of Lincoln County in Book of photostatic Records on page described as follows: BEGINNING at a point, on the east right -of -way line of U.S. Highway 09, S71 1006.91 feet, from the northeaet corner of the SE of said Section 3, found as described in the Corner Record filed in said office; thence N81 01.6'E, 117.05 feet to a point; thence S60 42.3'E, 132.42 feet to a point; thence S55 22,0'E, 179.19 feet to a point; thence S33 53.8'E, 181.38 feet to a point; thence S0' 28.5'E, 136.21 feet to a point; thence S38 21,0'W, 73.53 feet to a point; thence S75 46,5'W, 45.94 feet to a point; thence N66 .31.1'W, 33.19 feet to a point; thence N °-55.5'W, 92.49 feet to a point; thence N43 45.4'W, 84.99 feet to a point; thence N43 °•55.4'W, 100.96 feet to a point; thence N50 41.8'W, 77,76 feet to a point; thence N67 °•58.8'W, 81.59 feet, to a point on the east .righL -of -way line of U.S, Highway 89; thence N10 00.2'W, 214.70 feet, along said east right -of -way 1j Lu Llie POINT OF BEGINNING; ENCOMPASSING an area of 3.35 acres, more or less; SUBJECT to the right of ingress and egress and public utilities over and across a strip of land sixty (60) feet in width, described as follows: BEGINNING at a point on the east right -of -way line of U,S. Highway 89, S71 34.6'w, 1006.91 feet, from the northeast corner of the of said Section 3; thence N81 01..6'E, 117.05 feet to a point; thence S80 42.3'E, 132.42 feet to a point; thence S55°-22.0'E, 179.19 feet to a point; i 307- 877 -3101 Lincoln County Clerks Vy y 16;29;42 01 -09 -2014 3/4 ruo DRSCRIPTION FOR MERRILL L. MCNEEL TRACT C PAGE TWO thence S33 53.8'E, 181.38 feet to a point; thence S07°- 28.5'E, 136.21 feet to a point; thence .S3A°•21.0'W, 73.53 feet to a point; thence S75° 46.5'W, 45.94 feet to a point; thence N66 31..1'14, 33.19 feet to a point; thence N38 21.0'8, 93,18 feet to a point; thence N07°- 28.5'W, 96.50 feet to a point; thence N.33" 54.0'W, 157.39 feet to a point; thence N55 20.8'W, 154.17 feet to a point; thence N80 44.4'W, 106.31 feet to a point; thence S81 01.7'W, 108.65 feet to a point on said east right -of. -way line; thence N10 00.2'W, 60.01 feet, along said east right'. -of -way line to the POINT OP BBGINNXNc; the BASE BEARING for this survey is the south line of the SEWSWN of Section 3, T36N, R119W, being N89 40.0'W; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS 5368 with appropriate details; all in accordance with the attached "Exhibit B dated 5 June 1995 and revised 11 August 1995. 11 August 195 cmcneel.des jo/ -877 -3101 Lincoln County Clerks 16:30:00 01 -09 -2014 4/4 I -ua SSLTD -8F -i-r- LAND TTL P02 Z. `ic O 1. F •2 SB9 11.2* n- LINE TABLE 295 PR 296 L1 N81 01.6'E 117.05' W. JanR %n, L2 S00 -4 ,3'E 132.42' i.3 S55 22 0']; 175.15' L4 S33 53 8'E 181.,38' 3 L5 $07 28.5'L 136.21' L6 S38 -21. 'W 73.$3' L7 575 46.�'W 45.94' 1,..: L8 N66° 31.1'W 33.19' 2 o L9 N76 55.5!W 92.49' c L10 N43 45.4'W 84.99' L11 N43 55.4' 100.96' L12 N50° -41.8' 77.76' j N8.940292-,124.9?' L7 N67° 81.59' j 11 r L14 N38 21.0'1•;' 93.18' L15 N07 28.5'W 96.50! 1,16 N33 54.0'W 157.39' I i a L17 N55"-20.8'W 154.17' L18 N8D 44.4'W 106.31' o M L19 S81 -01.7'W 108.65' b 7'racr .4 m 25.06 acres I /6L PR $5B C. P°S /0! 1 A M 1 5 N n O 819°•"'r 1 ,3e.�r 1 r. I N 1 1 I VPAI Fneamenl a •2 1 b L/• L 8 4e 4.� X r O o rrOC/ c r` 7 3 -35 t acres `6 I I O a a1 h r r 1 1 r•r�•m, Ep- fUJORT r 1 "Exhibit D" c' e Prepared by: tv Surveyor Scherbel, Ltd. a L.7. PLS 5360 6 June 1995 r--- m evl ied: 11 Auyuo6 1995 RECEIVED 12/20/2007 at 10:28 AM RECEIVING 935711 BOOK: 681 PAGE: 653 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WARRANTY DEED 000653 KNOW ALL PERSONS BY THESE PRESENTS, that MERRILL McNEEL and LINDA McNEEL, Husband and Wife, as Tenants by the Entireties, 114277 Highway 89, Alpine, Wyoming 83128, GRANTORS, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby CONVEY AND WARRANT to MERRILL LEE McNEEL and LINDA S. McNEEL, TRUSTEES of the Merrill Linda McNeel Family Trust dated December 17, 2007, 114277 Highway 89, Alpine, Wyoming 83128, GRANTEES, and their succes;ors and assigns, the following described real property, situate in the County of Lincoln, State of Wyoming, hereby waiving and releasing all rights under and by virtue of the hcmestead exemption laws of the State of Wyoming, to wit: That property described in the Warranty Deed that was recorded in the and records of Lincoln County, Wyoming on August 30, 1995 in Book 372 PR at Pages 717 through 719 as Receiving No. 807500, a copy of which is attached hereto and incorporated herein. Excepting therefrom that property described in the Warrar ty Deed that was recorded in the land records of Lincoln County, Wyoming on August :i0, 1995 in Book 372 PR at Page 720 through 723 as Receiving No. 807501, a copy of which is attached hereto and incorporated herein. Including and together with all and singular tenements, hereditaments, appurtenances, and improvements thereon or thereunto belonging. Subject to all covenants, conditions, restrictions, reservations, rights -of -way, and easements of sight and/or of record. WITNESS my hand this 17th day of December, 2007. 2 2 7 2 2 4 X r_L MERRILL McNEEL LINDA McNEEL STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on the 17th day of December, 2007, by Merrill McNeel and Linda McNeel. to. VA I seal. COUNTY OF r,62. STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES JULY 16, 2011 NOTA Y PUB My Commission expires: o 1/6 11/ 1, 000654 W RRANTY DEED MERRILL M4NEEL and LINDA McNtEL, husband and wife and EDWIN MoNEEL and FIDRENCE M. McNEEL, husbandIaand wife grantor of County of State of Wyoming, hereby CONVEY end WARRANT to MERRILL McNEEL and LINDA McNEEL, husband and wife, as tenants by the entireties I 'grantee 01 car the sum or Tan dollars and otker good and valuable +consideration the tatlowing deserlbod tract of tend In' I Lincoln County, State t1 Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption Wes of the State, to -wltt SEE ATTACHED l 1ThIT "A" Subject to reservations and restrictions contained in the United States Pal:ent and to easements and rights -of -way of record or in use. Together with all improvements and appurtenances thereon. RR4C a W-4.4 11...•1•1.1,ia5..•1'.t In Rook' •.16Pagq f.,A .Kemmerer, WY. No_ ^•_Marsha Moe. Clark' WITNESS, the hand of said grantor this a y9-l'• day f Y L 6.. A.D. lU9S' Signed In the pretence of �i �.hr tnerr ee to ch in mcNeei n ore a `l ee 44 STATE op WYOMING 1 I RECORDING DATA u. y pee S County of 7 J Entry N On the 8 .day of ALA u S 1, RECORDED 'p INDEXED A.D. 19' personally Appeared before. n e PLATTED 0 ASSTRACt Merrill McNeel Linda McNees and COMPARED DELIVEREE 0 Edwin McNeal Florence M. Mc -el the signets of the within Instrument, who my i acknowledged to the that they executed 1 e same, R J t n rLt fit R Id! J, -.1. ARYPl utz, l ^lr 4 -4 u 0 1 1 6 r `,;;,?r l it 4.'. 1 (1 tetnN' (+(lpt�'� wyVttelat f# E ero ee A I e loci ri l'1 3r I i f t r. is �L1 I +7 r 12/17/200' 99 13078773101 'INCOLN COUNTY CLERK -)3E 02/07 i I I DESCRIPTION FOR 1 000655 =MILL L. McNB L AND RDWZN NoNEED TRACT 8 To-wit That part of hat.part .'of the 13214E WW of Scotian 3 and that pa: {t of the NRWIIN%•:uf's.autiou 3,0, T36N, Aii9W, 'Lincoln county, wyoming, it boing!•,the intent to Mori) eox7COt1y deacrib' part pf that tract of .bbrra in the oZfice of the clerk of Linool�n County in Book 303; of Photostatic Records on page 15, se foliose; I REUNITING at. Lhe wouLheuuL uuruer ui• chid SE%SWN section 3, found me dcecribed in the Cornerlaecox1 filed in said ofCitl, thence So0°•0..0'51, 829,48 feet, along the'east line of said NbMNwg, to a cabal•; thence 889 50.8 658.69 teat to an aluminum cap; thence NO0 05.0'8, 831.55 feet to a point; thence N89 40.0'W, 167.28 feet, to a point on the east right -of -way line of U.S, Highway 89; thence N04 00.2,'1, 91.36 feet. along said at right of way line, to station PC 2209420,36 50' RT. the beginning of a circular curve to the left; hhance nIong Raid r.Irruiar curve «08.24 fwPk hhroUgh A central mnyle or 06' -00.0' with n rndltJM of 5779.5R friar and rrrtrr5 h,.aring Nn7•- nn:2'W, Ana.56 feet, to titration PT 2215.20.35 S0'RT.; thence N10 00.2'W, 330.59 feet, along oaid right -of -way line, to M point.; thence N01 O1,G'E, 117.05 feet toe point; thenue S80 42,3'E, 132.42 teeL Lt j n puicil; thence 855 179.19 feet to a point; I thence y!!' -S!. 'h, 181.3H feet to a point; thence 807 -28. 'B, 136.21 feet to a point; thence 938 -21. 'W, 73.53 feet to la point; thence S24°-40. 'E, 338,00 feet to a point; thence 882 °•00,4'E, 356.41 feet, to a point on the east lie DI' said SEUSWW; thence .90;1 1i4.'L font, :along said east line to the CORflla nF WWI XNQ ENCOMPASSING an area of 25,06 acres, more ox leper SUBJECT to caoc onto of eight and of record; f ..t4. 000656 1 I? I I J asOCRSPTxoN Won I WEREXLL L. KcNZEL AND EDWIN KcNEEL TRACT 8 PAGE TWO the SASE.H&ARING for this survey is the south line of the SE33GSWM of Section 3, T36N, R119W, being N69"- 40,0 each "corner" found ae described in the Corner Record filed in the Office of the Clerk of Lincoln County; each "paint" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed "9URVEYOROCRF.RRfI, I'I'I) dIG PINEY WY PLS 5368 with appropriate details; e ach "rober marked by a 5 /0" x 24" Steel reinforcing rod with a 1" aluminum cap 4necribed, "NELSON ENGINEERING PE /LA 5 With appropriate dot ila; e ach "aluminum Sap" marked with A 5/8" ateel reinforcing roc with a I aluminum p.inecribed, "PE /LS 3514" with appropriate details; each "station" mark d by a 2" galvanized 'steel pipe with brace cap inecribcd, "MAR OW2 A. SCHRRHEL DLS 5368 APTON WYOMIt;'GI with appropriate details; all in accordance ith the plat prepared to be filed in the Office of the C3srk f r,inenln County titled "PLAT TO ACCOMPANY PARCEL DIVISION AP•LICATION FOR MERRILL L. McNEEL AND RDWIN MaNEEL WITHIN THE tHSN;( SECTION 2 AND THE NW3(NEW SUCTION 10 LINCOLN COUNTY, WY. ING dated 17 April 1995. 11 August 1995 •mmcneelb,dea !i N 'f X 11 rod ILL QVV t a d Y 03'15 I 12/1,, JI1• 1 n 6 '77 1.itl /tlt /J101 1NLULN UUUNIY I:LtKK "slat U4 /0/ WARRANTY DEED MERRILL McNEEL and LINDA McNEEL, husband and wife grantor of County of Stale of Wyoming, Itnreby CONVEY and WARRANT to i DOUGLAS R. McNEEL and CHRISTINE L. McNEEL, husband and wife, 00 lls5 as tenants by the entiretie mate s of Box 127, Alpine, WY 83128 Tor the oam of Ten dollars and; other good and valuable consideration County, sate of Wyoming, the following described tract of band In. Lincoln hereby releudng end waiving all rights under end by virtue of the homestead exemption Incas of the State, to -wit: SEE ATTACHED EXHIBIT' "A" i Subject to reservations and restrictions contained in the United States I'atebt and to easements and rights -of -way of record or'in use. Together with all improvements and appurtenances thereon. g o0 In BookM ..1(emmcrer, WY. N (-4Y- Moe, Cork WITNMS, the hand cif wild gtlnter Ildt day of 61c,_ A.D. 199 r 7P Signed In the presence of Me McNea 7 Q..10'.. 1 STATE OF WYOMING I RECORDING DATA Ili. Entry No, Reis E County of 1 cr.1 1 On the e day of /4. INDEXED 0 A.D. 19 4'.5 4'.5 porsonetly appeared berm. t c RECORDED PLATTED A9ETR1ICTED g COMPARED 8 DELIVERED 0 Merrill McNees Linda McN•el the signer 3 of the within Inurement, w to duly acknowledged to me that t hey mew 1 lbe tame, Ij N iorp obit Comma .on- .�MD••N9fM1'PUllp I tnton 'IT f WmMrto M►OAw I The litd Mile Ipi4nny I Jill i' r 59LTD AF 44+ LAND '1'1'L 000658 I: ?Zi I• Da8CRXPTXON I =MULL L.m sii TRACT C I To -wit. That part of the Wig of Section 3, .T36N, R119W, Lincoln County, Wyoming, being, art —of that tract, of record in the Of£1,oe v. the Clerk of Lin oln County in Book of Photostatic Records on page described as rolloWs: BRGYNNXNG at a point, on the east right -of -way line o! U.S. Highway 99, S7i1 34.64, 1006.91 feet from the nurLheaut corner or the SE5fs4x,of said Section 3, round ae described in the Corner Record filed in said orrice; thence N81° O1.6'E, 117.05 feet to a point; thence 880 42,3'8, 132.42 feet to.a point; thence 355 22,0'E, 179.19 feet to a point; thence S33 53.8'E, 181.38 feet to a point; thence 907 136.21 feet to a point; thence S38 2i,.0'w, 7.3.53 feet to a point; thence 575 45.94 feet to a point; thence N66 31.1' 33.19 feat to a point; thence N76°- 55,5'4 92.49 feet to appoint; thence N43° 45.4'4, 94.99 feet to a:point; i thence N43 4 •55.4' 100.96 feet to a point; thence N50 77.76 feet to a' point; thence N67" 58.:'W, 81,59 feet', to a point on the east 4 rig2il -of-way 11u- uL ;U.S. Highway 69; r. thence N:10 214.70 feet, along said east right -of -way line, Lu L1 POI Or axammuIN4 1.... ENCOMPASSING an a ea of 3.35 acres,: more or less; SU9,7ECT to the right of ingress and egress and public utilities over and across strip of land sixty (60) feet in width, described as teli•ws; 8goINNINO at a point on the east right -of -way line of U.S. Highway 89, 871 1006.,91 feet, from the northeaac corner of tie NE3(SW3( of said section 3; thence N81 '1.6'E, 117.05 feet to a point; thence S80°- 2.3'E, 132,42 feet to a point thence S55 2.0'E, 179.19 feet to a point; rMrr� I INN 1•L /1/ /•L tltl' "'h7 ldtl /tl /.iltll LNLULN I.UUNIY ULtKK "'1 tlb /17/ SS1.141 -AF -!.ia WVU 4 YUD ZL ONOCRIPTION FOR 659 MERRILL L. McNEFL TRACT C PAGE TWO thence S33 53.8'E, 181.38 feet to a point; thence S07°- 28.5'E, 136,21'.feet'to a point; thence 538 °•21.0'W, 73.53 feet to a point; thence 575° 45.94 feet to a point; thence N66 31.1'W, 33.19 feet to a point/ thence N38 21.0'2, 93.18 feet• to a point; thence N07°- 28.5'W, 96.58 feet to a point; thence N33° 54.0'W, 157.39 feet to a point; thence N55 20.8'W, 154.17 feet to a point; thence N80 44.4'W. 106.31 feet to a point, thence 381 01.7'W, 108.65 feet to .a point on said seat right-of-way li�Le; thence; N10 00.2'W, 60.01 feet, along said east right-of -way 1ii&a to the POINT Or BEQIISNIMO; the BASE BEARING fox this survey ie the south line of the SE3(SW',4 of Section 3, T36N, R119W. being Ne9 40.0'W; each "point" marked by a 5/8” x 24" steel reinforcing rod with a 2" aluminum cap inscribed "SURVEYOR SCHERBEL LTD RIO PINEY WY PLS 5366 with appropriate details; all in accordance with the attached "Rxhibit B dated 5 dune 1995 and revised 11 August 1995. 11 August 1995 cmcneel.des IIIIIII broosso i 35LTD -A1' t LAND TTL raa t a LINE TABLE [9dPR2e6 L1 N51 .6 117.05' W..4°aln, L2 000° -14 3'C 132.4?' Ta 955 -22 O'Lr 179.19' L4 633 8 101,35' il L5 907 -28.•5'h' 1.36.21' L6 930 W 73.53' I 1,7 S75°-46. 'W 45.94' a w LB N 31.1'W 33.19'. L9 N76 55.5',W 91.49' i L10 N43°- :45.4'11 04.99' L11 N43° =55.4 100.96' L12 N50°- 41,•8' 77.76' 81.59' es4ae.9E /ry L14 N30 43.16 L15 N07 28.5'W 96.50' L1G N33 64.0'N 1b7.39' L17 1455 20.6'W 154.17' A Z T19 N00 L19 ''..1. L19 88 1 -01.7'11 108.65' r racl .4 1 2,5.06 1 v61IR819 I 1 Poor W 6 i h 41 c our ne.f� 1 1 O 1 VPA/ Fa dma°r 'N. b' I NN. r 1 1 1% Moor c .3�5t acres t r I P nrt,00.20Jbdo'Wr r n "EKhibit 11" •j:' V Prepared bye r 1 'Surveyor Scherbel, Ltd. i 1• PLS 5360 60 i 6 June 1995 '{L .r P REYi3ed• 11 AuyuD6 1995 J•' i DESCRIPTION FOR MCNEEL SIXTY (60) FOOT ACCESS EASEMENT To -wit: A strip of land, sixty (60) feet in width, for ingress, egress and utilities over, under and across the SE' /4SW'/< of Section 3, T36N R119W, Lincoln County, Wyoming, described as follows: BEGINNING at the southwest point of that tract of record in the Office of Lhe Clerk of Lincoln County, Wyoming in Book 372 of Photostatic Records on page :114, on the easterly right -of -way line of US Highway 89; thence N10 00' -12 "W, 60.00 feet, along said right -of -way line, to a point; thence N81°-01'-36"E, 60.00 feet, to a point; thence Sl0 00' -12 "E, 60.00 feet, to a point on the south line of said tract; thence S81 01' -36 "W, 60.00 feet, along said south line, to the POINT OF BEGINNING; the BASE BEARING for this survey is that part of the south line of Tract A as depicted on the below referenced exhibit, being S81 01' -36 "W; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under, and across the above described easement; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" ai:minum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 or 1181( with appropriate details; all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY DESCRIPTION FOR MCNEEL SIXTY (60) FOOT ACCESS EASEMENT WIT; -II THE SE1 /4SW1 /4 SECTION 3 T36N RII9W LINCOLN COUNTY, WYOMING cared 17 February 2014, :,e WI 19 May 20 4 fete i'VVOMING Professional Lard Surveyors PAUL N. SCHERBEL Wyo. Registration No 164 Utah Registration No 1670 Idaho Registration No. 3990 Neve0a Registration No 6605 SCOTT A. SCHERBEL Wyo. Registration No. 3869 Ulan Registration No. 372111 I83ho Registration No 6026 MARLOWE A. SCHERBEL Wyo. Registration No 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No, 13493 CFEDS No. 1223 Surveyor ScherbeL LTD. Anon. Wyoming Bg Piney, Wyoming Jackson Wyoming Lava Hot Springs. Idaho "Modification in any way of the foregoing description terminates liability of tiTt E �l Montpelier, Idaho 1 1 Tract A 2. Edwin G. McNeel o w McNeel Sixty (60) and Florence M. McNe l o foot Access Easemen 372 PR 714 n s N6 *o.. N oIo 00 C o S VN driveway I 6• BASE BEARING S80'42 18.,E 1 32.42` S81'0. d "'N �N 1 36 W o N� Sixty (60) foot access and utility easement N McNeel Begi(n09foot 881.01 '336 106.3 S80,g "E 10 9.28' Sss Point of N N Access Easement 6, CO 9/ o N N. N, i o \4 N. l u` 0 0 a+ C iri Z c Tract C f Douglas R. McNeel and m Christine L. McNeel 372 PR 720 S6 ‘8. 372 PR 717 8/ S9 SCALE: 1" 60' SS w 3 4e F o v` ->j N, s SS 2 9. F Tract B ,9 6 Merrill and Linda McNeel Family Trust, dated 17 December 2007 681 PR 653 Sg,i, 372 PR 717 AS, 2 F. F 9 n76•5,., 30 "E 9 2.49 LEGEND 0 indicates a 5/8 x 24" steel reinforcing rod with 2" LTD aluminum u WY pL 5368", found "SURVEYOR SCHERBEL EXHIBIT TO ACCOMPANY DESCRIPTION FOR 0 indicates a 5/8" x 24" steel reinforcing rod with MCNEEL SIXTY (60) FOOT 2" aluminum cap inscribed "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 set this survey. ACCESS EAS EMENT indicates an easement line. WITHIN THE indicates a right —of —way line. SE1/4SW1/4 SECTION 3 The Basis of Bearing for this survey is that part of the T36N R1 W South line of Tract A as depicted hereon, being 581'- 01' -06 "W. LINCOLN COUNTY WYOMING Copyright 2014 by Surveyor Scher: el LTC.. All rights reserved. Oita' 17 February 2014 4p._ DRANV BY Kon' F, Scherbe R VEyOR ,s FY_, z m CALCULATED BY /rod F Scherbe/ CA 1ECORY/PORT IR/Tro e mil UM •s f7EL0 BL OK 2J ZR- BOX 96 8/0 P /NCY- A■ARBLETLW, WY TEZ.275 -JJ47, 807 725 AFTON, WrY 7EL. 665 -931R Zl11PUTER F/LE.. 6/cNee /AccessFxhibit /oro ALP /NE, WY /EL 885 9219,' ✓ALWS0V, WY 127.723- 5904 A/PN1PEL /EA: ID 117.847-2800