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HomeMy WebLinkAbout978542LIVESTOCK WATER EASEMENT AGREEMENT NOW, THEREFORE, Grantor and Grantees hereby agree as follows: LIVESTOCK WATER EASEMENT AGREEMENT KIBBIE, PERSONAL REPRESENTATIVE BATEMAN PAGE 1 OF 3 978542 9/25/2014 11:27 AM LINCOLN COUNTY FEES: $66.00 PAGE 1 OF 19 BOOK: 840 PAGE: 180 EASEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK 1111111111 IIII III IIIIII IIII! 111 1 111 III!I IIIII IIIII Ell 1111111111E1111 THIS LIVESTOCK WATER EASEMENT AGREEMENT effective this 4th day of April, 2014, by and between F. MICHAEL KIBBIE, PERSONAL REPRESENTATIVE of the Estate of Rex K. Radford, whose address is c/o LUTHI VOYLES, LLC, P.O. Box 83127, GRANTOR, and LANCE W. BATEMAN and BECKY D. BATEMAN, whose address is 532 County Road No. 112, PO Box 5042, Etna, Wyoming, 83118, GRANTEES. WHEREAS, Grantor is the owner of that portion of the real property identified at Parcel 1 in the Decree Distributing Real Property from the Lincoln County, Wyoming District Court entered In the Matter of the Estate of Linda Cherry Radford, deceased, in Probate No. PR- 2011 -7 -DC that was recorded in the land records of Lincoln County, Wyoming on August 29, 2013 in Book 819 at Page 437 as Receiving No. 973055 (copy attached) that is described in the legal description titled "DESCRIPTION FOR ESTATE OF REX KAY RADFORD REMAINDER TRACT dated 10 December 2013, which is attached hereto, hereafter, the "Radford Property"; and WHEREAS, Grantees are the owners of the real property described in the Quitclaim Deeds that were recorded in the land records of Lincoln County, Wyoming: (a) on November 26, 2012 in Book 799 at Page 69 as Receiving No. 968153; and (b) on December 21, 2012 in Book 801 at Page 198 as Receiving No. 968642 (copies attached), hereafter, the "Bateman Property"; and WHEREAS, Grantor has agreed to provide Grantees with an easement that allows Grantees' livestock on the Bateman Property to cross onto the Radford Property for access to water from Birch Creek. 1. EASEMENT ESTABLISHED. Grantor, for himself and for his successors and assigns, successors and assigns, hereby grants and conveys an easement for access by Grantee's livestock to water in Birch Creek on that portion of the Radford Property described in, the "DESCRIPTION FOR REX KAY RADFORD ESTATE BATEMAN STOCK EASEMENT" dated 23 September 2014 which is attached here to. 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 of which is hereby acknowledged, Grantor and Grantees state and declare that consideration has been provided to each of them for this Agreement. 3. EASEMENT COVENANTS. Grantor and Grantees, for themselves and their successors and /or heirs and assigns, hereby agree: a. That Grantees shall fence the boundaries of the easement so that Grantees' livestock do not stray onto the remainder of the Radford Property. b. That the easement shall be used only as a means for livestock access to Birch Creek and for no other purposes. c. That other than fencing, no improvements shall be made within the easement without the written approval of Grantor. d. That Grantees' use of the easement is at Grantees' sole risk. e. That Grantor makes no representations whatsoever to Grantees regarding the availability of, or the suitability of, the water in Birch Creek for consumption by livestock. f. That Grantees agree to indemnify and hold harmless Grantor 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. g. That use of the easement by livestock not owned by Grantees but with Grantees' permission shall not constitute a violation of the easement. 4. EASEMENT TO RUN WITH THE LAND, WITH POSSIBILITY OF REVERTER. The easement created herein shall run with the lands identified herein as to the Radford Property and the Bateman Property, and shall be binding on and shall inure to the benefit of the parties to this Agreement, and their respective successors and /or heirs and assigns; provided, however, that when Grantees or their heirs or assigns cease to use the Bateman Property for livestock grazing, the easement shall revert back to Grantor or Grantor's successor or assigns. Upon reverter of the easement, Grantees or their heirs and assigns shall be solely responsible for removing the fence around the easement and for building a fence on the common boundary between the Radford Property and the Bateman Property, and for the costs thereof. Said fencing changes shall be completed within 6 months of reverter of the easement. Reverter of the easement may deemed by Grantor to have occurred if the easement is not used for a period of five (5) years. 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. LIVESTOCK WATER EASEMENT AGREEMENT KIBBIE, PERSONAL REPRESENTATIVE BATEMAN PAGE 2 OF 3 IN WITNESS WHEREOF, each party has signed this Agreement. STATE OF WYOMING COUNTY OF LINCOLN v i MICHAEL KIB IE PERSONAL REPRESENTATIVE OF THE ESTATE OF REX K. RADFORD SS. ACKNOWLEDGED before me on this, the Z day of March, 2014 by F. Michael Kibbie, Personal Representative of the Estate of Rex K. Radford. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of i State of Lincoln °;?E`� Wyoming My Commission Expires: July 16, 2015 My Commission expires: o NOTA' Y PUB IC LANCE W. BATEMAN BECKY D. BATEMAN STATE OF WYOMING COUNTY OF LINCOLN SS. ACKNOWLEDGED before me on this, the day of March, 2014 by Lance W. Bateman and Becky D. Bateman. WITNESS my hand and official seal. My Commission expires: NOTARY PUBLIC LIVESTOCK WATER EASEMENT AGREEMENT KIBBIE, PERSONAL REPRESENTATIVE BATEMAN PAGE 3 OF 3 IN WITNESS WHEREOF, each party has signed this Agreement. MICHAEL KI B IE s PERSONAL REPRESENTATIVE ESTATE OF REK K. RADFOJ D STATE OF WYOMING COUNTY OF LINCOLN STATE OF WYOMING COUNTY OF LINCOLN SS. ACKNOWLEDGED before me on this, the Z 1 day of March, 2014 by F. Michael Kibbie, Personal Representative of the Estate of Rex K. Radford. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires; July 16, 2015 My Commission expires: a7. LANCE W. BATEMAN SS. CHRISTINA K. ALLRED NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES APRIL 30, 2017 My Commission expires: 1-1-30-/1 NOTARY PUBLIC LIVESTOCK WATER EASEMENT AGREEMENT KIBBIE,PERSONAL REPRESENTATIVE BATEMAN PAGE 3 OF 3 tr ice? 491 i -r kL-7�-- 1 fl!CKY ID BATEMAN LI ACKNOWLEDGED before me on this, the day of Mask, 2014 by Lance W. Bateman and Becky D. Bateman. WITNESS my hand and official seal. I M. Kevin Voyles, 6 -2603 LUTHI VOYLES, LLC P.O. Box 820 Thayne, Wyoming 83127 -0820 Tel: (307) 883 -7887 Fax: (307) 883 -7889 Attorney for the Estate r Z IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT o W m C'1 El IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING o m 0 m c v z. IN THE MATTER OF THE ESTATE OF r m o LINDA CHERRY RADFORD, PROBATE NO. PR- 2011 -7 -DC x w o xz"' •v°,N M c deceased. c x v v m P PARCEL 1 DECREE DISTRIBUTING REAL PROPERTY IN THE MATTER OF THE ESTATE OF LINDA CHERRY RADFORD DECREE DISTRIBUTING REAL PROPERTY PAGE I OF 2 FIL D 0437 BY AUG 2 9 2013 KENNETH D. ROBERTS CLERK OF DISTRICT COURT LINCOLN COUNTY, STDISTRICT E YOMIN3 THE COURT, in accordance with the Order Approving Final Report and Accounting and Decree of Distribution for the Estate of Linda Cherry Radford entered herein, hereby decrees: 1. That the real property in the Estate of Linda Cherry Radford is identified as: That real property described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on October 18, 1973 in Book 107 PR at Page 545 as Instrument No. 451105, a copy of which is attached hereto. Together with all improvements, and appurtenances thereon situate or in anywise pertaining thereunto. Subject -to- all- covenants, condition, reservations ,._restrictions,._eesements,_ and____u__ „i__ rights -of -way of record, of sight, or in use. PARCEL 2 That real property described in the Quitclaim Deed records of Lincoln County, Wyoming on March 7, 2013 Receiving No. 969821, a copy of which is attached hereto. Together with all improvements, and appurtenances pertaining thereunto. Subject to all covenants, conditions, reservations, rights -of -way of record, of sight, or in use. PARCEL 3 That real property described in the Quitclaim Deed records of Lincoln County, Wyoming on March 7, 2013 Receiving No. 969822, a copy of which is attached hereto. Together with all improvements, and appurtenances pertaining thereunto. Subject to all covenants, conditions, reservations, rights -of -way of record, of sight, or in use. DATED this day of August, 2013. that was recorded in the land in Book 806 at Page 375 as thereon situate or in anywise restrictions, easements, and that was recorded in the land in Book 806 at Page 376 as thereon situate or in anywise restrictions, easements, and 2. That the title to said real property is hereby distributed and/or conveyed from the Estate of Linda Cherry Radford to the F. Michael Kibbie, Personal Representative of the Estate of Rex K. Radford, deceased. 0438 'F( Uyr.y OF INC9Lijk -L q 5 :IN-THE MA7TER�F _'r7iE.FSlATE.OEWNAA_CH4Rlt �t_l;o_.b __J of the Third DECREE DISTRIBUTING REAL PROPERTY^:�Iud,Cial DISrtict Court within aii foresal PAGE 2OF2 co,4 nt y and in the State of foresaid, do ftel,[_certify _tha fnregoin,g to_bee_a_Ml,-..__.._.._ true, and complete copy SIGNED .i ...,�x�,�+-�rx -1r? KNOW ALL PERSONS BY THESE PRESENTS, that KRISTA LYNN CARN, a married woman holding title as her sole and separate property, P.O. Box 5163, Etna, Wyoming 83118, GRANTOR, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby remises, releases, and forever quitclaims unto the heirs -at -law of LINDA P. RADFORD, a deceased person, c/o LUTHI VOYLES, LLC, P.O. Box 820, Thayne, Wyoming 83127, GRANTEES, and their heirs and assigns forever, all such right, title, interest property, possession, claim and demand, as she may have or ought to have, in or to property located in Etna, Lincoln County, Wyoming, more particularly described as follows, to -wit: IN TOWNSHIP 35 NORTH, RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING: A tract of land located in the NWI /4NE1 /4 and described as follows: Beginning at the Northeast corner of NW1 /4NE1 /4 of said Section 1; thence West ten (10) rods, thence South sixteen (16) rods, thence East ten (10) rods, thence North sixteen (16) rods to the point of beginning. Together with all improvements, and appurtenances thereon situate or in anywise pertaining thereunto. Subject, however, to all easements, reservations, restrictions, and rights -of -way of record, of sight, or in use. Reserving unto the benefit of the Thompson Bateman irrigation pipeline, part of the Birch Creek, Wolfley -Couch Ditch enlargement, an easement 20 feet wide running along the east boundary Iine of the property described above, for the construction, operation and maintenance of an irrigation pipeline. WITNESS any hand this t2 day of March, 2013. STATE OF WYOIVIING COUNTY OF LINCOLN SS. ACKNOWLEDGED before me this WITNESS my hand and official seal, CLAUDIA ANDERSON NOTARY PUBLIC WYOMING Lincoln County My Commission Expires May 25, 2014 QUITCLAIM DEED My Commission expires: 5 S ";holy 0440 00375 ,C 0 1(14 KRISTA LYNN CA r Z ia n M Or p n �ln C O n c-a <v z co z o m 3 70 o G G i co W a LI pp g X v j (it tedu i eae d g rr NOTARY PUBLIC m E m day of March, 2013, by Krista Lynn Carn. KNOW ALL PERSONS BY THESE PRESENTS, that REBECKA LEE FRANKLIN, a married woman holding title as her sole and separate property, P.O. Box 5075, Etna, Wyoming 83118, GRANTOR, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby remises, releases, and forever quitclaims unto the heirs -at -law of LINDA P. RADFORD, a deceased person, c/o LUTHI VOYLES, LLC, P.O. Box 820, Thayne, Wyoming 83127, GRANTEES, and their heirs and assigns forever, all such right, title, interest property, possession, claim and demand, as she may have or ought to have, in or to property located in Etna, Lincoln County, Wyoming, more particularly described as follows, to -wit: A TRACT OF LAND AS FOLLOWS: West 1/2 of the Northwest 1/4 and West 1/2 of the Southwest 1/4 and a tract of land included in the Northwest 1/4 of the Northeast 1/4 and described as follows: w. Beginning at the W1 /2 of the NE1 /2 of said NWl /4 ofNE1 /4 of Section 1: O: Beginning 10 Rods West of the North East Corner; w Thence 10 Rods West; thence South 16 Rods; thence East 10 Rods; thence North 16 n o: Rods to the point of beginning; rst r'i co Z Y Containing one (1) acre, more or less, located in Section 1, Township 35 North, Range m 0 Z 119 W of the 6th P.M., Lincoln County, Wyoming. w a w z U Together with all improvements, and appurtenances thereon situate or in anywise O z 1 pertaining thereunto. z� U Y O re m O: 11 1 i I Subject, however, to all easements, reservations, restrictions, and rights -of -way of record, of sight, or in use. WITNESS my hand this (p day of March, 2013. STATE OF WYOMING COUNTY OF LINCOLN SS. ACKNOWLEDGED before me this e day of March, 2013, by Rebecka Lee Franklin. WITNESS my hand and ofiicial seal. CLAUDIA ANDERSON NOTARY PUBLIC- WYOMING Lincoln County My Commission Expires May 25, 2014 My Commission expires: S ay QUITCLAIM DEED e Q LG C c az< 1 NOTARY PUBLIC 00370441 J Land Surveyors :HERBEL :(aeon No. 164 (ration No. 1670 >hation No. 3990 lislralion No. 6805 SCHERBEL ,[ration No. 3889 [ration No. 372111 station No. 8026 A. SCHERBEL {ration No. 5368 CHERBEL Mallon No.11810 station No. 13493 o. 1223 cherhe[, LTD. ming Nyoming ryonung prings, Idaho Idaho DESCRIPTION FOR ESTATE OF REX KAY RADFORD REMAINDER TRACT To -wit: That part of GLO Lot 1 of Section 1, T35N R119W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 107 of Photostatic Records on page 545, described as follows: BEGINNING at the northeast corner of said GLO Lot 1; thence S00 00' -17 "W, 1337.90 feet, along the east line of said GLO Lot 1, to the southeast corner thereof; thence N88 39' -04 "W, 1324.68 feet, along the south line of said GLO Lot 1, to the southwest corner thereof; thence N00 16' -23 "E, 1087.45 feet, along the west line of said GLO Lot 1, to a point; thence S89 43' -37 "E, 60.00 feet, to a point; thence S53 41' -33 "E, 211.00 feet, to a point; thence S03 26' -53 "W, 126.00 feet, to a point on an existing east -west fence line; thence S89 53' -51 "E, 347.00 feet, along said existing east -west fence line, to a point at a fence corner; thence N00 11' -37 "E, 471.00 feet, along an existing north -south fence line, to a point at a fence corner; thence S89 59' -31 "E, 748.19 feet, along the north line of said GLO Lot 1, to the CORNER OF BEGINNING; ENCOMPASSING an area of 35.02 acres, more or less; the BASE BEARING for this survey is the north line of the NE'/ of Section 1, T35N R119W, being S89 59' -31 "E; it is the intent of this description that the called -for monuments, and not the existing fence lines, control the location of the property lines; TOGETHER WITH that right of easement of record in said Office in Book 107 of Photostatic Records on page 344; AND TOGETHER WITH a right of ingress, egress and utilities over, under and across a strip of land, sixty (60) feet in width, with the westerly line described as follows: BEGINNING at the northwest corner of said GLO Lot 1; thence S00 16' -23 "W, 219.60 feet, along the west line of said GLO Lot 1, to the westernmost northwest point of the above described Remainder Tract; the easterly line of the above described easement to be shortened or lengthened as necessary to meet the north line of said GLO Lot 1 and the north line of the above described Remainder Tract, to create a continuous easement with a minimum width of sixty (60) feet; "Modification in any way of the foregoing description terminates liability of the surveyor" ml Land Surveyors ICHERBEL slraSon No.164 statOn No. 1670 istration No. 3990 :gahation No. 6805 SCHERBEL citation No. 3869 striation No. 372111 dslralon No. 8026 EA. SCHERBEL !straiten No. 5368 SCHERBEL !citation No. 11810 IIstralon No. 13493 Jo. 1223 6cherhel, LTD. >ming Wyoming Nyoming Springs, Idaho Idaho 1 DESCRIPTION FOR ESTATE OF REX KAY RADFORD REMAINDER TRACT PAGE TWO SUBJECT to that easement of record in said Office in Book 541 of Photostatic Records on page 571 for the Thompson- Bateman Pipeline; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON 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 AND EASEMENTS FOR ESTATE OF REX KAY RADFORD WITHIN GLO LOT 1 GLO LOT 2 SECTION 35 T35N R119W S1 /2SE1 /4 SECTION 36 T36N R ...OLN COUNTY, WYOMING dated 10 December 2013, as revised. 10 December 201 "Modification in any way of the foregoing description terminates liability of the surveyor" of the County of Lincoln, State of Wyoming in consideration of Ten and 00/100 Dollars .($10.00) and other good and valuable consideration to them in hand paid the receipt whereof is hereby confessed and acknowied.led, have remised, released, convey and forever quitclaimed and by these presents do for my heirs, executors and administrators, remise, release and forever quitclaim unto whose address is P.O. 13ox 5042, Etna, WY 83.118 heirs and assigns, forever all such right, title interest, property, possession, claim. and:demand as 1/we have, ought to have or hereafter acquire in or to all of the following described promises, to wit: That part of Section 1, T35N R119W, Lincoln County,. Wyoming described on Exhibit A prepared by Surveyor Scherbel, Ltd. tided, "Description for Lance. W. Bateman and Becky D. Bateman Lance Tract", dated 19 October, 2012. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws oldie State of Wyoming. 1 Dated this 20 day of N 00-e tal A ti 2012. Keith D. Thomson quid Jacqueline V. Thompson Living Trust State of Wyoming County of Lincoln Jacqueline V. Thompson, Trustee of the Keith D. Thompson and Jacqueline V. Thompson .Living Trust dated 15 October 1996 )ss My Commission Expires: The foregoin.g instrument was acknowledged before me Jacqueline V. Thompson, Trustee of the Keith 1). Thomson an Jacqueline V. Thompson Living Trust dated 15 October 1996, this (I 1 day of x 2012. Witness my hand and official seal. JAMIE DECORA NOTARY PUBLIC County of tir h State of Lincoln Wyoming My Commission Expires June 27, 2018 QUITCLAIM :DEED KNOW ALL MEN THESE PRESENTS, That Lance W. Bateman and Becky)). Bateman, Idusband and Wife J4i Jacqueline 'hotnpso ,Trustee Notary Public 00069 RECEIVED 11 /26/2012 at 4:46 PM RECEIVING 968153 BOOK: 799 PAGE: 69 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Reglslro8on No 3990 Nevada Registration No. 6605 SCOTIA. SCHERBEL Wyo. Registration No. 3889 Utah RegIslra8on No. 372111 Idaho Registration No.8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Scheibe!, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hol Springs, Idaho Montpaher, Idaho DESCRIPTION FOR LANCE W. BATEMAN AND BECKY D. BATEMAN LANCE TRACT To -wit: u70 That part of the SB' 4NW'/4, S' /2NE' /4 and the E %2SEI/4 of Section 1, T35N R119W, Lincoln County, Wyoming, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 419 of Photostatic Records on page 47, in Book 585 of Photostatic Records on page 594, and in Book 792 of Photostatic Records on page 162, described as follows: BEGINNING at the northeast corner of said S %2NE%4; thence S00 00' -17 "W, 1337.90 feet, along the east line of said S '/2NE1/4, to the southeast corner thereof; thence continuing, S00 03' -39 "W, 51,67 feet, to apoint; thence N88 21' -25 "W, 1331.29 feet, to a point on the west line of said E %2SE'/4; thence N00 17' -08 "E, 51.67 feet, along said west line, to the northwest corner of said DASD/4; thence N88 21' -25 "W, 1331.08 feet, along the south line of said S'ANE1/4, to the southwest corner thereof; thence N88 24' -19 "W, 15,55 feet, along the south line of said SE %4NW1/4, to point; thence N00 10' -11 "E, 27.45 feet to point; thence N77 05' -47 "W, 350.30 feet to a pipe on the centerline of Thompson County Road No. 12 -199; thence N78 00' -43 "E, 142.55 feet, along said centerline, to a spike; thence S77 05' -47 "E, 207.49 feet to point on an existing fence line; thence easterly and northerly along said fence line: S89 59' -18 "E, 1005.50 feet, to a point; S83 29' -20 "E, 326.82 feet, to point; N16 10' -10 "E, 413.67 feet, to point; N06 47' -07 "E, 166.83 feet, to point; N01 34' -36 "W, 573.09 feet, to point; N07 00' -57 "E, 102.96 feet, to point and leave said fence line; thence S88 39' -04 "E, 1214.81 feet, to the CORNER OF BEGINNING; ENCOMPASSING an area of 43.39 acres, more or less; the BASE BEARING for this survey is the east line of the NE' /4 of Section 1, T35N R119W, beingN00 00' -17 "E; "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6005 SCOTT A. SCHERBEL Wyo, Registration No. 3969 Utah Registration No. 372111 Idaho Registration No. 6026 MARLOWE A. SCHERBEL Wyo. Registration No. 5352 KARL F. SCHERBEL Wyo. Registration No. 11010 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Srherbal, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR LANCE W. BATEMAN AND BECKY D. BATEMAN LANCE TRACT PAGE TWO 0007/ it is the intent of this description that the called -for monuments, and not the existing fence lines, control the location of the property lines; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" rnarked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; each "pipe" marked by a %2" black iron pipe with a yellow plastic cap inscribed "PE/LS 698"; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368" or "SURVEYOR SCHERBEL LTD AFTON 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 AND EASEMENTS FOR KEITH D. THOMPSON AND JACQUELINE V. THOMPSON LIVING TRUST, DATED 15 OCTOBER 1996 AND LANCE W. BATEMAN AND BECKY D. BATEMAN AND REX H. BATEMAN AND DORREN BATMAN TRUST, DATED 12 FEBRUARY 1983 AND REYNOLD AND VERDA BATEMAN MARITAL TRUST WITHIN S %2NE1/4 SE'/ E %2SW'4 SE' /4NW1/4 SECTION 1 T35N R119W LINCOLN COUNTY, WYOMING dated 28 August 2012. 9 "October 0 2 "Modification in any way of the fomeoinri description terminates liability of the gitnfelwr" of'the County of Lhnoln,.State of Wyoming in consideration of Ten and 00/100 Dollars (510.00) and other good and valuable consideration. to them in hand paid the receipt whereof is hereby confessed and acknowledged, have remised, released, convey and forever quitclaimed and by these presents do for my heirs, executors and administrators, remise, release and forever quitclaim unto Lance "W: T.aternan.and. Beck D Bateman, T3usband anti. Wife whose address is P.O. Box 5042, Etna, WY 83118 heirs and assigns, forever al.l such right, title interest, property, possession, claim and dernand as five have, ought to have or hereafter acquire in or to all of the following described premises, to -wit: That pare of Section 1, T35N Al 19W, Lincoln County, Wyoming described on Exhibit A prepared by Surveyor Scherbel, Ltd, titled, '"Description :for Lance W. Bateman and Becky D. Bateman Lance Tract dated 1:9 October.201.2. 'Hereby releasing and•waiving all rights under and by virtue of the homestead exemption. laws of the State of Wyoming. Dated this f 7 day of SOec ?Mt466-- 2012. Reynold and Verda Bateman Marital Trust Stare of Idaho )ss County of f1QQtoc) The foregoing instillment was acknowledged before me Lynette gateman Peters successor trustee of the Reynold and Verda Bateman. Marital Trust,. this _L2 day of .Q Prt/ 2012. Witness my hand and official seal. My Commission Expires: 6./D -1( RECEIVED 12/21/2012 at 11:43 AM RECEIVING 968642 BOOK: 801 PAGE: 198 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY QUITCLAIM DEED KNOW ALI. MEN THESE PRESENTS, That LyuctteBatesnanPeterson, Successor Trustee of the Reynold and Verda Baternaf:1VtatitalTrust dated June 17,4997 'Lynette Bateman Peterson, Trustee Notary Public 00198 Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No.1670 Idaho Registration No. 3990 Nevada Reg00agon No. 6805 SCOTIA. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWEA. SCHERBEL Nye, Registration No. 5368 KARL F. SCHERBEL Nyo. Registration No. 11810 dates Registration No.13493 :FEDS No. 1223 wrveycr Scheibe', LTD. 18on, Wyoming llg Piney, Wyoming [admen, Wyoming ave Hot Springs, Idaho Aonlpe0er, Idaho DESCRIPTION FOR LANCE W. BATEMAN AND BECKY D. BATEMAN LANCE TRACT To -wit: 00199 That part of the SE1/4NW1/4, S' /2NE'/ and the EV2SE'/ of Section 1, T35N R119W, Lincoln County, Wyoming, being part of those tracts of record in the Office of the Clerk of Lincoln County in Book 419 of Photostatic Records on page 47, in Book 585 of Photostatic Records on page 594, and in Book 792 of Photostatic Records on page 162, described as follows: BEGINNING at the northeast comer of said S1/2NE1/4; thence S00 00' -17 "W, 1337.90 feet, along the east line of said S'ANE1/4, to the southeast corner thereof; thence continuing, S00 03' -39 "W, 51.67 feet, to a point; thence N88 21' -25 "W, 1331.29 feet, to a point on the west line of said E'' /2SE1/4; thence N00 17' -08 "E, 51.67 feet, along said west line, to the northwest corner of said E %2SE'/4; thence N88 21' -25 "W, 1331.08 feet, along the south line of said S %NE1/4, to the southwest comer thereof; thence N88 24' -19 "W, 15.55 feet, along the south line of said SE1/4NW1/4, to point; thence N00 10' -11 "E, 27,45 feet to point; thence N77 05' -47 "W, 350.30 feet to a pipe on the centerline of Thompson County Road No. 12 -199; thence N78 00' -43 "E, 142.55 feet, along said centerline, to a spike; thence S77 05' -47 "E, 207.49 feet to point on an existing fence line; thence easterly and northerly along said fence line: S89 59' -18 "E, 1005.50 feet, to a point; S83 29' -20 "E, 326.82 feet, to point; N16 10' -10 "E, 413.67 feet, to point; N06 47' -07 "E, 166.83 feet, to point; N01 34' -36 "W, 573.09 feet, to point; N07 00' -57 "E, 102.96 feet, to point and leave said fence line; thence S88 39' -04 "E, 1214.81 feet, to the CORNER OF BEGINNING; ENCOMPASSING an area of 43.39 acres, more or less; the BASE BEARING for this survey is the east line of the NE% of Section 1, T35N R119W, being N00 00' -17 "E; "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors PAUL N. SCHERBEL Wyo. Regist a0on No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTTA. SCHERBEL Wyo. Registration No. 3889 Ulah Registration No. 372111 Idaho Registration No. 8026 MARLOWE A. SCHERBEL Wyo. Reglslra5on No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho RegtsUation No.13493 CFEDS No. 1223 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney. Wyoming Jackson, Wyoming Lava Hot Springs, Idaho MonlpeGe6 Idaho DESCRIPTION FOR LANCE W. BATEMAN AND BECKY D. BATEMAN LANCE TRACT PAGE TWO 00200 it is the intent of this description that the called -for monuments, and not the existing fence lines, control the location of the property lines; each "comer" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; each "pipe" marked by a %2" black iron pipe with a yellow plastic cap inscribed "PE /LS 698 each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368" or "SURVEYOR SCHERBEL LTD AFTON 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 AND EASEMENTS FOR KEITH D. THOMPSON AND JACQUELINE V. THOMPSON LIVING TRUST, DATED 15 OCTOBER 1996 AND LANCE W. BATEMAN AND BECKY D. BATEMAN AND REX H. BATEMAN AND DORREN BATMAN TRUST, DATED 12 FEBRUARY 1983 AND REYNOLD AND VERDA BATEMAN MARITAL TRUST WITHIN S' /2NE /4 SE' /a E %2SW' /4 SE %4NW1/4 SECTION 1 T35N R119W LINCOLN COUNTY, WYOMING dated 28 Augus 2012. f 19 October 2012 "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Regis0a8on No. 372111 Idaho Registrat No. 8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo, Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor 0,86,6al. LT0. Afton. Wyoming Big Piney. Wyoming Jackson. Wyoming Lava Hot Springs. Idaho Montpelier, Idaho DESCRIPTION FOR REX KAY RADFORD ESTATE BATEMAN STOCK EASEMENT To -wit: An irregular strip of land for ingress and egress over and across that part of GLO Lot 1 of Section I, T35N R119W, Lincoln County, Wyoming, described as follows: BEGINNING at a point on the south line of said GLO Lot 1, S88 39' -04 "E, 109.87 feet, from the southwest corner thereof; thence N01 11' -10 "E, 56.00 feet, more or less, along an existing fence line, to a position; thence S86 28' -03 "E, 60.00 feet, more or less, along an existing fence line, to a position; thence S34 17' -07 "W, 64.00 feet, more or less, along an existing fence line, to a position on said south line; thence N88 39' -04 "W, 25.00 feet, more or less, along said south line, to the POINT OF BEGINNING; the BASE BEARING for this survey is the north line of the NE'/ of Section 1, T35N RI 19W, being S89 59' -31 "E; it is the intent of this description that the existing fence line control the location of the easement; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; each "corner" marked as described in that Corner Record on file in the Office of the Clerk of Lincoln County, Wyoming; each "position" is a calculated position with no monument found or set; all in accordance with that plat prepared to be filed in the Office of the Clerk of Lincoln County titled "PLAT OF TRACTS AND EASEMENTS FOR ESTATE OF REX KAY RADFORD WITHIN GLO LOT 1 GLO LOT 2 SECTION 1 T35N R119W S1 /2SE1/4 T36N R119W LINCOLN C WYOMING", dated 10 December 2013, as revised. 23 September 2014 RT\FOLDEIt \JOLDER "Modification in any way of the foregoing description terminates liability of tie surveyor Sa919 10.0 REMAINDER TRACT Z777 2036.1 Ube 70.81.9 CL.3 lat I 0.0 EIRCHOWEXCOMY ROADM:112459 S89g3CC 35 1:Viisri1:7„ I T CIO 1/e ..ravrEr C Cl/113 soils DETAIL GLO LOT I GLO LOT2 SECTION 1 735N RII9W SII2SE1/4 SECTION36 T36N RII9W am -•••d0 oAALY-e/rA dvar eruArzAor AAA 501W.M337 Jeanne Wagner. Cleft Sthzv.-1.-c:Azz Po9Lrag001 1441) SM1276148 .4/ ...rx 901-A.5 ./.7017, /IV I. .7 LOCATIONMAP 725N 11119W ,l000• 5.36 MOO COW CM.AMO MOO Ma ISO LATE TABLE LI Ll L3 LS L7 OCARAV NO095 Sa5113 SP30•06,9, SO11110, .615133 ■43,17117 SADO' 60.00 CERTIFICATE OF RECORDATION T o7i417:24 2.ru■irL_ t, "30."` CERTIFICATE OF SURVEYOR STATE OG WYOMING COUNTY OF LINCOLN) ALNIL6=%‘::= rin ing. grow, rg.;rpgr w my two .A.G an. AAA ADVANCE PLAT SA,BACT ,o,Lr.iir, L AND_A:-?ROWIL My CommIsMcm 41■0116: LEGEND o Intientes a Comer Record an lac 41 Mc OfIrce al the Oz. al Linea. Cavnly. VIAVOPI laii1133fLVIIIIV7471g11*.Cofnrrg e indicates a ared I■ne retara. ...les an eeialing lane dse t pp I I I Om d giper tna opp,o.e. !emotion of Ina ArAhA-Erovel °IAA AGIcAca ecuanenL indkalea On Marg.:04nd .61101,01 Wpd.c. rAfraf9V. Vrfq1Z5n ""t PLAT OF TRACTS AND EASEMENTS FOR ESTATE OF REX ICAY RADFORD WITHIN GLO LOT I GLO LOT 2 SECTION 1 T35N RI19W S1/2SE1/4 SECTION36 T36N RI19W LINCOLN COUNTY, WYOMING