HomeMy WebLinkAbout978321The Living Trust Agreement of Joel Neuenschwander and the Julia T.
Haderlie Family Revocable Trust, P.O. Box 1445, Afton, Wyoming, 83110,
GRANTOR, in consideration of One Dollar ($1.00) and other good and valuable
consideration, receipt of which is acknowledged, remise and quitclaim to the
Nield String Irrigation Company, c/o Alvin Robinson, Secretary, P.O. Box 677,
Afton, Wyoming, 83110, GRANTEE, it successors and assigns, a perpetual
easement to lay, construct, and maintain irrigation utilities with the usual
services, connections, accessories, and appurtenances for the purpose of
transmitting water in, through, and across GRANTOR's property described in
Exhibit 'A'. The route of the easement shall be 33 feet in width for the utility
easement, as described in Exhibit 'A'.
This remise and quitclaim includes the right of the GRANTEE, its
successors, permittees, licensees and assigns and its and their agents and
employees, to enter at all times upon the above described land by using existing
roads or trails or otherwise by a route causing the least damage and
inconvenience to the GRANTOR in order to survey and establish the route and
location of the easement and the pipeline and to:
(1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace,
and maintain the utility /access, services, connections, accessories and
appurtenances;
The GRANTEE agrees:
UTILITY AND ACCESS EASEMENT AND AGREEMENT
(1) That, in connection with the construction, operating, patrolling,
repairing, substituting, removing, enlarging, replacing, and maintaining
of said utility line, it will repair or replace, at its sole expense, or pay to
GRANTOR the reasonable value of any damages to existing fences,
ditches, and other appurtenances of said land that may be disturbed by
its operation.
(2) That, during operations involving excavation, trenching, or other
ground disturbance, it will remove the topsoil from the trenched area to
a depth of one foot, or to the full depth of the topsoil, whichever is Tess,
and stockpile said topsoil for replacement over the trench. It will
remove from the site any large rocks or surplus excavating material or
any debris that may have been exposed by the excavation and
remains after backfilling is completed. And, it will leave the finished
surface in substantially the same or better condition as existed prior to
the beginning of operations except that the surface or backfilled areas
may be mounded sufficiently to prevent the formation of depressions
after final settlement has taken place.
0
0
w
9
Q
a
w
J
Q U
F
W Z
o W 0
0 N B Z
o *A- J
o U
C W Z
J
W
Z Q W
a Z
N z w
M 0 Z
zo Q
01
The GRANTOR agrees:
(1) That at no time will they build, construct, erect, or maintain any
permanent structure within the boundaries of said easement without
the prior notice to and written consent of GRANTEE.
(2) That at no time will they modify the finished grade of the land over the
utility by removal of existing soils or by placement of fill material within
the boundaries of said easement without the prior written consent of
the GRANTEE.
The terms, covenants and provisions of this easement and agreement shall
extend to and be binding upon the heirs, executors, administrators, personal
representatives, successors and assigns of the parties hereto.
See Exhibit `A' and `B' attached hereto and incorporated herein by reference.
DATED this day of Jc..07 2014
GRANTOR:
STATE OF
SS.
COUNTY OF
The foregoing instrument was subscribed, _sworn, and acknowledged
before me by ReaM1,21 ore s dated this q day of 7
2014.
WITNESS my hand and official seal.
HEATHER WARREN NOTARY PUBLIC
County of State of
Lincoln r Wyoming
My Commission Expires ember 15, 2014
My Commission Expires: i9 15_
Living Trust'. Agreement` •of Joel
Neuenschwander
BY:..
.17 4(e
40"--ku,
NOTARY PUBLIC
STATE OF lk f l [57/0 f V7
y SS.
COUNTY OF 1,i ridO
The foregoing instrument was subscribed, sworn, and pknowledged
before me by gee -hei,- 1.0h,,4,,i'v1 dated this day of
2014.
WITNESS my hand and official seal.
County of
Lincoln
HEATHER WARREN NOTARY PUBLIC
State of
Wyoming
My Commission Expires December 15, 2014
~1.
My Commission Expires: p )5
Julia T. Haderlie. Family Revocable
Trust,
i"
BY:\
NOTARY PUBLIC
The undersigned, Joe Nield, Chairman, on behalf of Nield String Irrigation,
hereby accepts the utility and access agreement granted above.
This Acceptance was executed this day of 5� 2014.
NIELIL STRING IRRIGATION
BY:
Meld, Presid
STATE OF LU
COUNTY OF
1
orA 41.
The foregoing instrument was subscribed, sworn, and cknowledged
before me by j o�►�ei c dated this subscribed,
day of
2014.
My Commission Expires:
"'L gO 7
ACCEPTANCE
SS.
WITNESS my hand and official seal.
NO ARY PUBLIC
LISA HOKANSON NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires August 16, 2017
Located in the NE1 /4NW1/4NE1/4 of Section 36, T32N, R119W of the 6 P.M.,
Lincoln County, Wyoming and being depicted on Exhibit "B and on Construction
Drawing Documents on file at the Afton Lincoln County Airport, more
particularly described as follows:
Utility and Access Easement
"EXHIBIT A"
Legal Description
Commencing at a point 25.78 feet east and along the south property line from the
Southwest corner of the 3.69 acre parcel described in Warranty Deed dated July
9, 2014, Book 836, Page 49, Lincoln County, Wyoming and the True Point of
Beginning:
Thence east along the south property line of the parcel 46.65 feet;
Thence northwest at a 45 degree angle with the south property line of the
parcel a distance of 102.14 feet to a point on the west property line
of the parcel;
Thence south along the western boundary of the parcel 46.54 feet;
Thence southeast at a 45 degree angle with the south property line of the
parcel a distance of 36.36 feet to the end of said utility and access
easement, being a constant 33' in width and centered on the
irrigation main.
Said easement contains 0.05 acres, more or Tess.
TO TW'A8'
T O
EXHIBIT "B"
UTILITY AND ACCESS EASEMENT
LOCATED IN SEC. 36, T32N, R119W,
LINCOLN COUNTY, WYOMING
EXISTING IRRIGATION
7 MAIN TO BE ABANDONED
MORRISON Surveyors
Emblem
Sdentlafa
al MAIERLE, INC. Planners
An Hmployee-Owned Company
EX
EXISTING DOUBLE
CANTILEVER GATE
Phone: (406) 587 -0721
Fax: (406) 922-6702
2880 Technology Blvd. W.
Bozeman MT 59718
.0 4.
t
qr.
COPYRIGHT o MORaISxNMAIERLE. INC, 2014
d'
DRAWN BY: CJF
CHK'D. BY: TJE
APPR. BY: TJE
DATE: 08/2014
F *t
!49710111Acad\Exhibits\EXHIBIT A- IRR UTILITY AND ACCESS EASEMENT.dwg Plotted by cody farley an Aug/29/2014
0
0.
OI
•2
r..
LIVING TRUDT AGREEMENT OF JOEL
NEUENSCHWANDER AND JULIA T.
HADERLIE REVOCABLE TRUST
R
iN
Lri
S,,\ rr
N F. R\
n n 29.51' }l 46.65'
EXHIBIT "B"
LEGEND
EXISTING AIRPORT ANIMAL
CONTROL FENCE TYPES
EASEMENT BOUNDARY
AIRPORT BOUNDARY
IR
PXW
R PROPOSE D IRRIGATION MAIN
EXISTING IRRIGATION MAIN
AFTON- LINCOLN COUNTY AIRPORT
AVIAT TAXIWAY
TO AFTON
AIRPARK
0 30
(IN FEET) S5
NIELD STRING IRRIGATION
UTILITY AND ACCESS EASEMENT
AFTON WYOMING
PROJECT NO.
2497.011
FIGURE NUMBER
1