HomeMy WebLinkAbout977797977797 7/31/2014 11:22 AM
LINCOLN COUNTY FEES: $51.00 PAGE 1 OF 14
BOOK: 837 PAGE: 115 EASEMENT
JEANNE WAGNER LINCOLN COUNTY CLERK
1IIIIIII1 1111111101 I0III 1 1111111111111111111111111111 I IIII 111
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, effective this Zb "6 day of -.31 2014, is by and
between SALT RIVER HEREFORD RANCH, a Wyoming corporation, 3525 Harrison Avenue, Eureka,
California 95503, GRANTOR, and 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, GRANTEES, all hereafter
jointly referred to as the "Parties
WHEREAS, GRANTOR owns the real property described in the Quitclaim Deeds that were
recorded in land records of Lincoln County, Wyoming on November 8, 1978 in Book 150PR beginning at
Page 499 as Instrument No. 516127 and on April 8, 1992 in Book 308PR at Page 601 as Instrument No.
746570; and
WHEREAS, GRANTEES 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, GRANTOR has agreed to grant an easement to GRANTEES to provide
GRANTEES access for ingress and egress across the northwest corner of GRANTOR'S property to get to
public land west of GRANTOR'S property as provided herein.
NOW, THEREFORE, the Parties hereby agree as follows:
1. EASEMENT ESTABLISHED. GRANTOR, for itself and its successors and assigns,
hereby grants and conveys a perpetual non exclusive easement for ingress and egress across a portion of
GRANTOR'S property in favor of and for the benefit of GRANTEES, said easement being more
particularly described as follows: the West fifteen (15) feet of the north fifteen (15) feet of GLO Lot 6 of
Section 22, T34N, R119W, Lincoln County, Wyoming.
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, the receipt of which
is hereby acknowledged, the Parties 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:
a. Except for temporary obstructions required for the purposes of maintaining and
improving the easement, the easement shall not be obstructed in any manner that would impede
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 shall be done in a manner that
minimizes any inconvenience to all who are authorized to use the easement for ingress and egress.
EASEMENT AGREEMENT
McNEEL, TRUSTEES McNEEL, ET UX. McNEEL, TRUSTEES
PAGE 1 OF 4
b. That the easement shall be used by the Parties for private ingress and egress, but
such use shall not occur in such manner that the use interferes with any other person's rights to use
of the easement.
c. That the easement shall be used only for pedestrian, equestrian, non motorized
bicycle, motor cycle, four wheeler and snowmobile access only. The easement shall not be used
for motorized vehicular ingress and egress unless such use is for public emergency response
situations.
d. That GRANTEES shall be responsible for installing and maintaining the gates
needed to facilitate the ingress and egress provided by this easement. Any other 'improvements
made by GRANTEES within the easement shall be only upon the written permission of
GRANTOR. Any improvements other than gates shall be at the sole expense of the Party making
the improvements unless otherwise agreed to in writing.
e. The Parties hereto each agree to indemnify and hold harmless the other 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.
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 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 or their heirs or successors and
assigns.
7. WAIVERS. The failure of the Parties 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, the Parties have caused this Agreement to be signed.
EASEMENT AGREEMENT
McNEEL, TRUSTEES McNEEL, ET UX. McNEEL, TRUSTEES
PAGE 2 OF 4
FOR GRANTOR:
STATE OF W
COUNTY OF L IN cot. it/
WITNESS my hand and official seal.
M KEVIN VOYLES NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires: July 16, 2015
My Commission expires: *qs-
FOR GRANTEES:
SALT RIVER HEREFORD RANCH,
a Wyoming corporation
BY: G
N. JACK HEMMERT
PRESIDENT
SS.
‘Pc
ACKNOWLEDGED before me on this, the 22 d day of JkN 2014 by N.
JACK HEMMERT, acting as President of Salt River Hereford Ranch, a Wyoming corporation.
FOR THE WILLIAM BYRON TITENSOR LIVING REVOCABLE TRUST:
4
WILLIAM B ON TENSOR, TRUSTEE
of The William Byron Titensor Living Revocable
Trust
dated November 27, 2007
EASEMENT AGREEMENT
McNEEL, TRUSTEES McNEEL, ET UX. McNEEL, TRUSTEES
PAGE 3 OF 4
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me on this, the 26+3. day of —nit n e. 2014 by WILLIAM
BYRON TITENSOR, TRUSTEE of The William Byron Titensor Living Revocable Trust dated
November 27, 2007.
M KEVIN VOYLES NOTARY PUBLIC 0 0 4r:.
County of r State of
Lincoln e Wyoming
My Commission Expires: July 16, 2015
My Commission expires: 6 3
FOR THE WILMA S. TITENSOR LIVING REVOCABLE TRUST:
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me on this, the 24 day of 11A.ne, 2014 by WILLIAM
WILMA S. TITENSOR, TRUSTEE of The Wilma S. Titensor Living Revocable Trust dated November
27, 2007.
WITNESS my hand and official seal.
M KEVIN VOYLES NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Expires: 1 2015
Commission Ex Tres: Jul 16, 2 5
y ommission expires:
NOTAR PUBLIC
f i t
EASEMENT AGREEMENT
McNEEL, TRUSTEES McNEEL, ET UX. McNEEL, TRUSTEES
PAGE 4 OF 4
1•
WILMA S. TITENSOR, TRUSTEE
of The Wilma S. Titensor Living Revocable Trust
dated November 27, 2007
1978.
9
QUITCLAIM DEED
WITNESS our hands this /6 day of
o:: Vov 197._ r•r
X12'7
WILFORD NELSON HEMMERT and INEZ ENNA HEMMERT, his wife,
of,Thayne, Wyoming, GRANTOR, for and in consideration of Ten
($10.00) Dollars and other valuable considerations in hand paid,
receipt whereof is hereby acknowledged, CONVEY AND QUITCLAIM
TO: SALT RIVER HEREFORD RANCH, INC., a Wyoming corporation of
Thayne., Wyoming, GRANTEE, 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:
BEGINNING at the Northwest corner of the SE%SE4 of
Section 23, Township 34 North, Range 119.West of the
6th Principal Meridian in Wyoming, running thence South
123 rods 7 feet and 1 inch; thence West 160 rods;
thence North 123 rods 7 feet an,d 1 inch; thence East
160 rods to•the of beginning together with all
water rights thereunto belonging.
NZNE4 of Section 18, SW4SE4 of Section 7; NW4 and
NZNE4 and N2SW4 of Section 17, all in- Township 33
North, Range 118 West of the 6th '.M., Wyoming.
The Southwest Quarter of the Southwest Quarter (SWUM
of Section 23, NW%NW4 of Section 26, NE4NE4 of Section 27
and the SE4SE4 and Lot 6 of Section 22, Township 34
North, Range 119 West of the 6th Principal Meridian
in Wyoming., together with all water rights thereunto
belonging.
And the following Leasehold interest given by the
Department of Interior of the United States of America,
Bureau of Land Management to Wilford N. Hemmert,
WY 040 4254, and described as:
NUMBER 7,
AND FED TYPE BILLING
NAME CLASS RANGE USE AUM NUMBER NO
Hemmert 16 C 100 A 64 A034752 1548
Lease
9k)
r'
b
STATE OF WYOMING
SS
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by
WILL'OI .NELSON HEMMERT and INEZ ENNA HEMMERT, his wife, this
Aay of (T) -.,_4 1978. Witness my hand and
o ,P seal.
NOTARY PUBLIC
-My' cnrinnission expires:
2
QUItCLAIMV to IEII1
RECORDED April 8 l99Z AT SA .P A
IN BOOK 308PR. PaG�t i t r rn :v R,
Nd7.4657O.•. 4:I IZA:SETFI C. WADE, CLERK
KNOW ALL MEN BY THESE PRESENTS, That HEMMERT ENTERPRISES
LIMITED a Wyoming limited Partnership acting through its general partner Nelson Jac 11
Hemmert, 3142 Harrison, Eureka, California 95501, and JACK C. HALE and PEGGY
CHERYL HEMMERT HALE, husband and wife of`1040 Valley Mall Parkway, East
Wenatchee, Washington 98802, grantors, for and in consideration of ten dollars and other good
and valuable consideration, in hand paid by SALT RIVER HEREFORD RANCH, a Wyoming
corporation, whose registered office is 1720 Carey Avenue, Suite 550, P.O. Box 1436, Cheyenne,
Wyoming 82003 -1436, grantee, the-receipt whereof is hereby confessed and acknowledged, have
remised, released, and forever quitclaimed and by these presents does for their heirs, executors
and administrators remise, release and forever quitclaim unto said Salt River Hereford Ranch,
its heirs and assigns, forever, all such right, title interest, property, possession, claim and
demand, as it has or ought to have, in or to all the following described premises, to wit:
BEGINNING at the Northwest corner of the SE4SE 4 of Section 23, Township 34 North
range 119 West of the 6th Principal Meridian in Wyoming, running thence South 123
rods 7 feet and 1 inch; thence West 160 rods; thence North 123 rods :7 feet and 1 inch;
thence East 160 rods to the place of beginning together with all water rights thereunto
belonging.
NWE 4 of Section 18, SW 4SE4 of Section 7; NW 3/4. and NINE 4 and N4SW 4 of Section
17, all in.Toivnship 33 North, Range 118 West of the 6th P.M., Wyoming.
The Southwest Quarter of the Southwest Quarter (SW 4SW 4) of Section 23, NW 4NW 4
of Section 26, NEVE 4 of Section 27' and the :SE 4SE and Lot 6 of Section 22,
Township 34 North, Range 119 West of the 6th Principal Meridian in Wyoming, together
with all water rights thereunto belonging.
And the following Leasehold interest given by the Department of Interior of the United
States of America, Bureau of Land Management to Wilford N. Hemmert, WY 040 4254,
and described as:
NUMBER
AND FED TYPE BILLING
NAME. CLASS RAN E USE AUM NUMBER NO.
Hemmert 16 C 100 A 64 A034752 1548
Lease
Hereby releasing and waiving all rights under and by virtue of the homestead exemption
laws of the State of Wyoming.
TO HAVE AND TO HOLD the said premises unto said Salt River Hereford Ranch,
its heirs and assigns, to them and their own proper use and behoof forever. So that neither
Hemmert Enterprises Limited, Nelson Jack Hemmert, Jack C. Hale or Peggy Cheryl Hemmert
Hale, nor any other person in their name or behalf, shall or will hereafter claim or demand any
right or title to the premises or any part thereof, but they and every one of them shall by these
presents be excluded and forever barred.
In Witness Whereof, it has hereunto set his hand and seal this 's 0 714 day of
March A.D., 1992.
Signed, sealed and delivered in the presence of:
HEMMERT ENTERPRISES LIMITED
By.
Nelson Jac
mmert, General Partner
PEGGY C HER HEMMERT HALE
14 -AJ brx.
STATE OF eithl
ss
COUNTY 0
OfQ8 4 ci
The foregoing instrument was acknowledged before me by Nelson Jac's.
erti.
General Partner of Hemmert Enterprises Limited, this day of Marcgo.
P
Witness my hand and official seal.
My Commission 'Expires: /`)°)1
My Commission Expires: /-111c./..s/
Notary ublic
STATE OF WASHINGTON
ss
COUNTY OF
The foregoing instrument was acknowledged before me by Jack (1 Hale, this
day of March, 1992.
Witness my hand and official seal.
My Commission Expires: 4,,_,4 1 19,1
STATE OF WASHINGTON 1
ss
COUNTY OF c----/.cyl A s
The foregoing instrument was acknowledged before me by Peggy Cheryl Hemmert Hale,
this day of March, 1992.
Witness my hand and official seal.
RECEIVED 11/28/2007 at 10 :24 AM
RECEIVING 935183
BOOK: 679 PAGE: 760
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
QUITCLAIM DEED
000750
KNOW ALL MEN BY THESE PRESENTS, that WILLIAM BYRON TITENSOR
and WILMA S. TITENSOR, TRUSTEES of the William Byron and Wilma S. Titensor Family
Trust, dated the 22nd day of April, 1998, of Thayne, Lincoln County, Wyoming, for and in
consideration of TEN DOLLARS ($10.00) and other valuable consideration, in hand paid,
receipt of which is hereby acknowledged, have hereby remised, released, and forever
quitclaimed unto WILLIAM BYRON TITENSOR, TRUSTEE of THE WILLIAM BYRON
TITENSOR LIVING REVOCABLE TRUST dated November 27, 2007, and to his Successor
Trustees and assigns forever, an undivided sixty percent (60 interest, and unto WILMA S.
TITENSOR, TRUSTEE of THE WILMA S. TITENSOR LIVING REVOCABLE TRUST
dated November 27, 2007, and to her Successor Trustees and assigns forever, an undivided forty
percent (40 interest, as tenants in common, all such right, title, interest, property, possession,
claim and demand, as they may have or ought to have, in or to all the following described
property, hereby releasing and waiving all rights under and by virtue of the homestead
exemption laws of the State of Wyoming, to -wit:
North Half of the Southeast Quarter of Section 22; and the North Half of the
Southwest Quarter of Section 23, all in Township 34 North, Range 119 West of the Sixth
Principal Meridian, Wyoming, containing 160 acres, more or less, according to the
Government Survey.
Subject to conveyance of right -of -way to East Side Canal Company by deed
recorded in Book 22, Page 28; and subject to reservations in United States and State
patents and to rights of the public in all highways.
Excepting therefrom that property described in the Warranty Deed to Scott E.
Hyde and Robyn L. Hyde that was recorded in the land records of Lincoln County,
Wyoming on November 12, 1992 in Book 320 PR at Pages 258 and 259, a copy of which
is attached hereto and incorporated herein by reference.
Also excepting therefrom that property described in the Warranty Deed to Terry
Lynn Titensor and Pamela W. Titensor that was filed in the land records of Lincoln
County, Wyoming on June 18, 1993 in Book 330 PR at Pages 629 and 630, a copy of
which is attached hereto and incorporated herein by reference.
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 our hands this 27th day of November, 2007.
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
M. KEVIN VOYLES NOTARY PUBLIC
COUNTY OF r';i!; STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES JULY 16, 2011
My Commission expires: o7// /11
.-2/411
000751
WILLIAM BYR N T TENSOR, TRUSTEE
of the William Byron and Wilma S. Titensor
Family Trust, dated the 22nd day of April, 1998
WILMA S. TITENSOR, TRUSTEE
of the William Byron and Wilma S. Titensor
Family Trust, dated the 22nd day of April, 1998
BEFORE ME, THE UNDERSIGNED, a Notary Public, in and for the State of
Wyoming, personally appeared WILLIAM BYRON TITENSOR and WILMA S. TITENSOR,
who acknowledged signing the foregoing instrument as Trustees of the WILLIAM BYRON
AND WILMA S. TITENSOR FAMILY REVOCABLE TRUST dated the 22nd day of April,
1998 pursuant to authority provided to them as Trustees of said Trust, on this, the 27th day of
November, 2007.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,
the day and year in this certificate first above written.
,d
WA'R }1•IAN .T. Y
W. Byroh Titensor and Wilma S: husband and wife, of ayne,
WY 8312.7, grantork for and In considetatlon Of TEN AND NO /100 DOLLARS 10.001,
and other valuable. consideration's,. In••hand •paid, receipt 'whereof Is hereby
acknowledged; CONVEY and WARRAN'tto Scott E. Hyde and Robyn L Hyde,
husband and wife, as tenants by'the erttltetles, grantees; of P,b. Box 834, Thay e, WY
83127, the following described real estate, sltuate Lincoln County, and Mate of
Wyoming, hereby releasing and waiving all rights .under and by virtue of the
homestead exemption laws of the State, to -wit:
That part of the NE1 /4SW1/4 of Section 23, T34N, R119W, partly with)
the Incorporated limits •ot:.the •Town of Thayne.•. Lincoln Coun
Wyoming; being pert of that traot of record In the Office of the Llncol
County Clerk In Book 27 of Deeds, page, 493, as more particular
described an the •attached Dacrlptlon executed by Marlowe A
Scherbel. and dated October•28,.1992.
WITNESS our•hands as of this 22hd day of October, 1992.
STATE 0 WYOMINQ
ss.
COUNTY F LINCOLN
The foregoing Warranty Deed was betore•me by W. By n Titensor
and Wilm S. Titensor,• husband and wife, this a day of 1992.
Wit essm han. a•• a1 gal.
,q L Mods, n:'^. MAIM Pab➢o
9lato
Cooly
Oscad 9 Wyoming
tl,pdn
Commission Was 27. JdnwN 1222
My commission expires: .a 7 1.
RHC0RD5D 320E PARE is JP
IN BOOK
..:.r c.
ro 'tensor
Wilma S. Titensor
NOTARY BLIC
11/26/2007 03:36 130707731P'
1
LINCOLN COUNTY CLERK
PAGE B
DESCRIPTION
FOR SCOTT E. AND ROBY* L. HYDE
PROM BYRON =TENSOR
TRACT A
To- wit: 0007 3
That part of the NEk5W; of section 23, T34N, R119W, partly
within the incorporated limits of the Town of Thayne, Lincoln
County, Wyoming; being part of that tract of record in the
Office of the Clerk.of Linooln County in Book 27 of eeds on
page 493, desoribed as follows:
BEGINNING at a point'on the north line of said i EkSW4,
44139010:21W,.tha base bearing:for thin survey, 466.51 feet from
the PNS-noreaat corner of said NS, foUnd as dose the Certified Cos r Recordation certificate filed in
said office;
thence continuing N89 10,2'W, 233.16 feet, along sa north
line, to a point;
thence 500 49.8'W,'142.14 feat, perpendicular to aai north
line, to a point;
thence N87 56. 146.74 feet to a point;
thence•NO1°-25. 90.10 feet, .along an existing fen e, to a
point
thence N8B 52.2'E, 90.05 feet, along said fence, to a •oint;
thence NO1 °02.4!E, 41.65 feet, along•8aid fence, to th POINT
OF BEGINNING;
ANCOMPZSSINO 0 area of 0.55 acres, more or less;
it
SUBJECT t casements of sight'and of.record';
each "point!!Ymarked by a 5/8" x..24 ".steel..reinfor0ing r with
a 2" aluminttm inscribed "SURVEYOR SCHERH,BL,' LTD.. BI PINEY,
WYO. PLS
all in accordance with the plat prepared to be filed in the
offide.of tha1O1erk.of Lincoln Countyttitled '!SCOTT E. AND
ROBYN L.''HYDE. $E:SWX SECTION 23 T34N •R119W PARTLY WI IN THE
TOWN OF THAYNE°j'` :•LINTY, WYOMING dated 16 Octobe 1992.
2
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Nola; Fei e3•1,5111 l
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WT311;olm WO Jut, a, tam
My Commission Expires:
¢0f oo
11 ��iunCall. :Jen..18 ,,.1,993 A
0O 4 9Rik..rt.c ig9 :C
NO.. 766 .rraa ttttr a wee
WARB INTY UEDA
9®0'754
DYRON TJTENSOR, akn W N T and N wire
AND WJLMA S. TtTJ N8O
Hu
grantors of Lincoln County, Stale of Wyoming, for consideration of Ten and 00 /100's ($I '.00)
and other good and valuable consideration In hand,
WARRAN1 w
receipt whereof Is hereby acknowl= gad
CONVEY
TERRY LYNN TJTYNSOR AND PAMELA W. T1776NSOR,
Husband and Wife ns Tenants by the Entireties
grantees, whose address is P.O. Dort 244, Thayno, WY 83127
the following described real estate, situate In Lincoln r3,unty and State of Wyoming, h• -by
releasing and waiving all rights under and by virtue of the homestead eaemptlon laws of tit state
to wit:
See attached Exhibit A, for Legal DescripUon
WITNESS our hands this ,22 day of June, 1993:
Stale of Wyoming
County of Lincoln
The fbregoing ihstrument was acknowledged before me by.Dyron Titensor and lima
S. Titensor this /7 day of tune, 1993.
Witness my hand and official seal.
Wilma S. Ti nsor
ublio
11 /14/211b/ 21 :44 1. IU(/91''r
LINCOLN COUNTY CLERK PAGE
vi
yy
oO ?55
„;'Legal Description
Tarry Lynn Titen5or
Part of SW4 of Section 23, T34N R119W of the 6th P.M., Lincoln County,
Wyoming described as follows:
Beginning at a point on tha West right of way of U.S Highway 89 which
le 8 26.10' W, 36.8 feet from the Northeast corner NE1/49W of said
Section 23;
thence N 90 °0' W, 220,0 feet;
thence 8 3 0 54' W, 153.5 feet;
.thence 6 90.0' B, 275.0 feat;
thence N 15 °35' W, 159.3 feat along the Weat right of Way of U.S.
'Highway 89 to the point of beginning.
LE68 AND EXCEPT land described in Dead to East Side Canal Company
recorded February 25, 1939 in Book 24 on page 29.
TOGETHER With acCass road described al follows:
Beginning 26 feat West of tha'Northeast corner of NB% 6W1/4
Section 23 and running thence N 90 °0' W, 211 feet;'
thence S 3.54' W, 33.1 feet;
thence 6 90.0' E, 220 feet;
thence N 15.35' W, 34.2 feet to the point of beginning.
of said