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Home My WebLink About978613978613 9/30/2014 11:31 AM LINCOLN COUNTY FEES: $36.00 PAGE 1 OF 9 BOOK: 840 PAGE: 505 EASEMENT JEANNE WAGNER LINCOLN COUNTY CLERK 1111111 11 III 1111111111 11111 II 1 III I IIII I III I III! 111 1111111 III 1111 ACCESS AND UNDERGROUND UTILITY EASEMENT 111 THIS ACCESS AND UNDERGROUND EASEMENT, "Easement effective this 2,6414 day of September, 2014, is granted by KRISTA LYNN CARN, P.O. Box 5163, Etna, Wyoming 83118, "Grantor to F. MICHAEL KIBBIE, PERSONAL REPRESENTATIVE OF THE ESTATE OF REX K. RADFORD, DECEASED, c/o LUTHI VOYLES, LLC, P.O. Box 820, Thayne, Wyoming 83127, Grantee. WHEREAS, Krista Lynn Carn holds title to that property described as Parcel A in the Decree Distributing Real Property to Krista Lynn Carn that was filed in the Lincoln County land records on January 3, 2014 in Book 826 at Page 310 as Receiving No. 974813, a copyy of which is attached hereto, hereafter, the "Carn Property Parcel A and WHEREAS, Krista Lynn Carn holds title to that property described as Parcel B in the Decree Distributing Real Property to Krista Lynn Carn that was filed in the Lincoln County land records on January 3, 2014 in Book 826 at Page 310 as Receiving No. 974813, being that land described in the legal description titled "DESCRIPTION FOR ESTATE OF REX KAY RADFORD HOUSE TRACT dated 10 December 2013, a copy of which is attached hereto, hereafter, the "Carn Property House Tract and WHEREAS, F. Michael Kibbie, Personal Representative of the Estate of Rex K. Radford, Deceased, holds title to a portion of the property described in the Decree Distributing Real Property that was filed in the Lincoln County land records on September 3, 2013 in Book 819 at Page 437 as Receiving No. 973055, specifically that property described in the legal description titled "DESCRIPTION FOR ESTATE OF REX KAY RADFORD REMAINDER TRACT dated 10 December 2013, a copy of which is attached hereto, hereafter, the "Radford Property and WHEREAS, Grantor desires to grant access for ingress, egress, and underground utilities from Birch Creek County Road 12 -159 across a portion of the Carn Property House Tract and a portion of the Carn Property House Tract to the Radford Property. NOW, THEREFORE, Grantor hereby grants to Grantee the following easement: 1. PURPOSE. The easement shall be for non exclusive ingress, egress, and underground utilities from Birch Creek County Road 12 -159 to the Radford Property. ACCESS AND UNDERGROUND UTILITY EASEMENT CARN KIBBIE PAGE 1 OF 2 M KEVIN VOYLES NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires: July 16, 2015 My Commission expires: IN WITNESS WHEREOF, Grantor has caused this Easement to be signed. ACCESS AND UNDERGROUND UTILITY EASEMENT CARN KIBBIE PAGE 2 OF 2 3. EASEMENT. The easement is that area described in the "DESCRIPTION FOR REX KAY RADFORD ESTATE SIXTY (60) FOOT ACCESS AND UTILITY EASEMENT #2 and as shown on the "EXHIBIT TO ACCOMPANY DESCRIPTION FOR REX KAY RADFORD ESTATE SIXTY (60) FOOT ACCESS AND UTILITY EASEMENT #2 WITHIN GLO LOT 2 SECTION 1 T35N R119W LINCOLN COUNTY, WYOMING copies of which are attached hereto. 4. EASEMENT TO RUN WITH THE LAND. The easement created herein shall run with the properties identified herein, and shall be binding on and shall inure to the benefit of Grantor and Grantee herein, and their respective heirs and/or successors and assigns. STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 24 day of September, 2014 by KRISTA LYNN CARN. WITNESS my hand and official seal. 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 IN THE MATTER OF THE ESTATE OF REX KAY RADFORD, Probate No. PR- 2013 -26 -DC Deceased. RECEIVED 1/3/2014 at 10:01 AM RECEIVING 974813 BOOK: 826 PAGE: 310 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT IN AND FOR THE COUNTY OF LINCOLN, STATE OF WYOMING DECREE DISTRIBUTING REAL PROPERTY TO KRISTA LYNN CARN Distribution for the Estate of Rex Kay Radford entered herein, hereby decrees: DEC 2 0 2013 KENNETH D. ROBERTS CLERK OF DISTRICT COURT LINCOLN COUNTY,I STDISTRICT WYOMING THE COURT, in accordance with the Order Approving Interim Report and Interim 1. That real property in the Estate of Rex Kay Radford is identified as follows: PARCEL A 740 County Road 159 IN TOWNSHIP 35 NORTH, RANGE 119 WEST OF THE 6TH P.M., LINCOLN COUNTY, WYOMING: A tract of land located in the NW1 /4NEI /4 and described as follows: IN THE MATTER OF THE ESTATE OF LINDA CHERRY RADFORD DECREE DISTRIBUTING REAL PROPERTY TO KRISTA LYNN CARN PAGE IOF2 0310 SIGNED Beginning at the Northeast comer of NW1 /4NE1 /4 of said Section 1; thence West. ten (10). rods,. thence South. .sixteeu, 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 Biioh C'reek; Wolfley ;Cotioh'Ditch enlarge:iie'nt, an'easeinent 20'fe'et wide'•running along the east boundary line of the property• described above, for the construction, operation and maintenance of an irrigation pipeline. PARCEL B 754 County Road 159, Etna, Wyoming That real property described in the "DESCRIPTION FOR ESTATE OF REX KAY RADFORD HOUSE TRACT" dated 10 December 2013, that is attached hereto. 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. 2. That the title to the real property described above is hereby distributed and/or conveyed from F. Michael Kibbie, Personal Representative of the Estate of Rex K. Radford, deceased, to Krista Lynn Carn, and her heirs and assigns. DATED 1� a5 day of December, 20I3. STATE OF WYOMING 1 ':oUNTYOFLINCOLN 1 SS. I, Kenneth D. Roberts, Clerk of the Third Judicial District Court within and foresaid county and in the State of foresaid, do hereby. certify a fiill, true, and c. o e copy. DE 1 I E,. tt DISTRICT COURT JUDGE IN THE MATTER F THE ESTATE OF LINDACIlERRY RADFORD DECREE DISTRIBUTING REAL PROPERTY TO IQtItiTA CAR1V" PAGE 2'0r2 0311 f it I°°I L.M Sienyo,. L SCHERBEL noiW.Gan Na 364 *V ton Na 1670 1030.00n Na 3990 ,87000000 000403 A SCHEME,- 4*W.90n No.3659 I 9b orlon Na.370111 .p4Wlon Na6026 ME SCNEa0EL 3056. /an 413.5163 F. SCHERBEL 1.3.3.60146.11610 443139ea6 11193 5 46.1223 DESCRIPTION FOR ESTATE OF REX KAY RADFORD HOUSE TRACT To -wit: That part of GLO Lot 1 of Section 1,T35N RI 19W, Lincoln County, Wyoming, being part of that tracto 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 northwest corner of said GLO Lot 1; thence S89 59' -31 "E, 570.00 feet, along th€ north line of said GLO Lot I, to a point at a fence comer; thence S00 11' -37 "W, 471.00 feet, along an existing north -south fence line, to a point at a fence comer; thence N89 53' -51 "W, 347.00 feet, along an existing east -west fence line, to a point; thence NO3 26' -53 "E, 126.00 feet, to a point; thence N53 41' -33 "W, 211.00 feet, to a point; thence N89 43' -37 "W, 60.00 feet, to a point on the west line of said GLO Lot 1; thence N00 16' -23 "E, 219.47feet, along said west line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 5.09 acres, more or less; the BASE BEARING for this survey is the north line of the NEV: of Section 1, T35N RI19W, being S89 59' -31 "E; it is the intent of this description that the callcd -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; SUBJECT to that easement of record in said Office in Book 541 of Photostatic Records on page 571 for the Thompson Bateman Pipeline; RERSERVING unto the grantors, their heirs, successors and assigns a right of ingress, egress and utilities over, under and across the west sixty (60) feet of the above described House Tract; 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; 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 rr,� ECT1Ol' 35 T35N R119W S1 /2SE1/4 SECTION 36 T36N R119W LINCOLN G dated 10 December 2013, as revised. 10 December 201 "Modification in any way of the foregoing description terminates liability of the surveyor 'rolessiooel Land Surveyors 'AIJL N. SCHERBEL Nyo. Registration No. 164 Jtah Registration No. 1670 daho Registration No. 3990 Jevada Registration No. 6805 3COTTA SCHERBEL Nyo. Registration No. 3889 Jtah RegtstraUon No. 372111 daho Registration No. 8026 MARLOWE?, SCHERBEL Nyo. Registration No. 5368 CARL F. SCHERBEL Nyo. Registration No. 11810 daho Registration No. 13493 CFEDS No. 1223 Surveyor Scherbel, LTD. Mon, Wyoming 31g Piney. Wyoming Jackson, Wyoming Lava Ho Springs, Idaho Montpelier, 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 comer; 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" >nal Land Surveyors SCHERBEL gisba4on No. 164 gis5aIion No. 1670 migration No. 3990 tegisbalion No. 6605 4. SCHERBEL gislration No. 3669 gisbalion No. 372111 rgislra8on No. 8026 NE A SCHERBEL gisOalion No. 5368 SCHERBEL gislralion No. 11810 migration No. 13493 No 1223 r Scherbal, LTD. yoming Y. Wyoming Wyoming 1 Springs, Idaho er, Idaho 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 t OLN COUNTY, WYOMING dated 10 December 2013, as revised. 10 December 201' Date 11 /110 m10 "Modification in any way of the foregoing description terminates liability of the surveyor" nal Land Surveyors SCHERBEL liseafon No. 164 lineation No.1670 gleation No. 3990 ;egistraUon No. 6805 SCHERBEL lineation Na. 3889 listration No. 372111 gistralon No. 8026 VE A. SCHERBEL glseallon No. 5368 SCHERBEL gistratlon No.11810 :gislration No.13493 No. 1223 Scherbel, LTD. raining I, Wyoming Wyoming Springs, Idaho tr, Idaho DESCRIPTION FOR REX KAY RADFORD ESTATE SIXTY (60) FOOT ACCESS AND UTILITY EASEMENT #2 To -wit: An irregular strip of land for ingress, egress and utilities over, under and across that part of GLO Lot 2 of Section 1, T35N R119W, Lincoln County, Wyoming, described as follows: BEGINNING at the northeast corner of said GLO Lot 2; thence S00 16' -23 "W, 84.65 feet, along the east line of said GLO Lot 2, to a point; thence N44 51' -44 "W, 119.39 feet, to a point on the north line of said GLO Lot 2; thence S89 59' -31 "E, 84.62 feet, along the north line of said GLO Lot 2, to the CORNER OF BEGINNING; the BASE BEARING for this survey is the north line of NE1/4 of Section 1, T35N R119W, being S89 59' -31 "E; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across the above described easement; 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 attached exhibit titled, "EXHIBIT TO ACCOMPANY DESCRIPTION FOR REX KAY RADFORD ESTATE SIXTY (60) FOOT ACCESS AND UTILITY EASEMENT #2 WITHIN GLO LOT 2 SECTION 1 T35N R119W LINCOLN COUNTY, WYOMING dated 15 August 2014, as revised. 15 August 2014 t.asto C{ "Modification in any way of the foregoing description terminates liability of g edicg +b LDER access easement i 107 PR 344 1318.35 84.62' u 2 co xs89'59'31 "E .1 11 I0 O 21.57' 38. Corner of Beginning Sixty (60) foot Access and Utility Easement #2 3 GLO Lot 1 L See plat prepared by Surveyor Scherbel, Ltd. 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 SECTION 36 T36N R119W LINCOLN COUNTY, WYOMING" dated 10 December 2013 to be recorded in the office of the Clerk of Lincoln County. HOUSE TRACT 5.09±Acres Krista Lynn Carn 826 PR 310 (Parcel 8) Twenty (20) foot Forest Access Easement Anderson Lazy A Ranch 326 PR 705 0 0 N State of Wyoming 1 COMM' ROAD NO. 12- -159, 164 PR 80 Base Bearing S89'59'31 "E 1233.73' GLO Lot 2 Sixty (60) foot Access and Utility Easement #2 Krista Lynn Carn 826 PR 310 (Parcel A) SCALE 60' 15 August 2014 ly y BY Kai/ F. Scherbe/ :y/L47E0 BY/-or/ F. Scherbe/ FQ OR Y/P O R T. •Exhibit /7R 9 B00/ ZR-24 PU7ER F/LE Rodford35Eosementpro Keith D. Thompson and Jacqueline V. Thompson Living Trust dated 15 October 1996 585 PR 594 NE 1/16 1 N89'43' 37"W 60.00' x indicates a Corner Record on file in the Office of the Clerk of Lincoln County. indicates a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 found or of record. indicates a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 set. W indicates a calculated position, no monument found or set. indicates an easement. x x indicates an existing fence line. The Base Bearing for this survey is the north line of the NE1 /4 of Section 35, being S89'- 59' -31 "E. x u'3„ If/ 2 i 1 ThompPson Bateman Pipeline p 1 Twenty (20) 5 fo ePPRipell a easement 11 F. Michael Kibbie 819 PR 437 EXHIBIT TO ACCOMPANY DESCRIPTION FOR REX KAY RADFORD ESTATE SIXTY (60) FOOT ACCESS AND UTILITY EASEMENT #2 WITHIN GLO LOT 2 SECTION 1 T35N R119W LINCOLN COUNTY, WYOMING Copyright 2014 by Surveyor Scherbel LTD. All rights reserved. MarESZWIll MIND .57/017tW8 BOX 96 8/0 P /NEY— MARBLETON, ff9' 22.276— .7,347,• BOX 725 AFT04; 111" 8Z. 885 9319,• ALP /NE, 971EL 885 9316; ,JACKSON, HT 27.733-5.90.3;• M0N1PEL /ER ID 7E1847 -2800