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HomeMy WebLinkAbout978769978769 10/10/2014 3:56 PM LINCOLN COUNTY FEES: $27.00 PAGE 1OF 6 BOOK: 841 PAGE: 149 EASEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK 1 1111111 111111 1111 111111 1111111111 I I 1 11111 I I I I 1 11111 11111 111111111111 I I 1 1111 1111 UNDERGROUND UTILITY EASEMENT THIS UNDERGROUND UTILITY EASEMENT effective this Ni day of October, 2014, is granted by KRISTA LYNN CARN, a single woman, P.O. Box 5163, Etna, Wyoming 83118, hereafter "Cain" to F. MICHAEL KIBBIE, PERSONAL REPRESENTATIVE OF THE ESTATE OF REX KAY RADFORD, DECEASED, c/o LUTHI VOYLES, LLC, P.O. Box 820, Thayne, Wyoming 83127, hereafter "Radford Estate WHEREAS, 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 and WHEREAS, the Radford Estate 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, Cam desires to establish an underground utility easement for electric utilities and for ingress and egress to those underground electric utilities on the Carn Property, to the Radford Estate, for the benefit of the Radford Property. NOW, THEREFORE, Carn hereby grants the following easement: 1. GRANTEES. The underground easement is granted to the Radford Estate and its successors and assigns, and to all electric utility companies, their successors and assigns, including but not limited to, Lower Valley Energy, Inc., Grantees. 2. PURPOSE. The easement shall be for the purpose of the underground installation and maintenance of electric utilities for the benefit of the Radford Property. 3. EASEMENT. The easement is described as follows: A right of ingress, egress, and underground electric utilities under and across that part of the north twenty (20) feet of Parcel B as described in that document of record in the Office of the Clerk of Lincoln County, Wyoming in Book 826 of Photostatic Records on Page 310, lying and being situate easterly of the Wolfley- Crouch Ditch. UNDERGROUND UTILITY EASEMENT CARN RADFORD ESTATE PAGE 1 OF 2 4. EASEMENT TO RUN WITH THE LAND. The easement created herein shall run with the properties identified herein, and shall be binding on Cam and her heirs and assigns, and shall inure to the benefit of the Grantees herein, and their respective successors and assigns. IN WITNESS WHEREOF, Carn has caused this Underground Utility Easement to be signed. STATE OF WYOMING COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 4 )4 day of October, 2014 by KRISTA LYNN CARN. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of l �3 r State of Lincoln Wyoming My Cornmission Expires: July 16, 2015 My Commission expires: O SS. 1 s UNDERGROUND UTILITY EASEMENT CARN RADFORD ESTATE PAGE 2 OF 2 lent Land Suwon 0. SCM5705E1 dOroOon No. 164 **boll°,' No. 1510 1**trauon Na 0990 Boahlaon No. 6005 7, SCHEHBEt :*INnBOn No, 0009 aehbNlon N0, 3'2111 lepb0ellen NO. 0025 )WE A.SCNEBBEL ka*ba0*No.6060 F. SCMEHBEL I**1ra6on No. 11010 ieob0n0on Na. 13950 5 No. 1200 or Sohetbot L1B. eY. WpeBp n, WWe-Inp tl 60,Ing9, Idaho DESCRIPTION FOR ESTATE OF REX KAY RADFORD HOUSE TRACT To -wit; That part of GLO Lot 1 of Section 1,T35N R1I9W, 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 the north line of said GLO Lot 1, 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 lino, 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, 219,47fcet, along said west line, to the CORNER OF BEGINNING; ENCOMPASSING an arca of 5.09 acres, more or less; the BASE BEARING for this survey is the north line of the NE1/4 of Section 1, T35N RI19W, being S89 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; 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 tho 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 i Wra{ ECTION 35 T35N R1I9W SI/25B1/4 SECTION 36 T36N 8,119W LINCOLN r G'tr; G dated I0 December 2013, as revised, ID December 20 "Modification In any way of the foregoing description terminates liability of the surveyor" 0312 ,sslonal Land Surveyors L N. SCHERBEL Registration No. 164 Registration No. 1670 Registration No. 3990 da Registration No. 6605 TTA. SCHERBEL Registration No. 3689 Registration No. 372111 Registration No. 6026 LOWE A. SCHERBEL Registration No. 5368 L F. SCHERBEL Registration No. 11810 Registration No. 13493 DS No. 1223 ryor Scherbel, LTD. Wyoming Inoy, Wyoming :on, Wyoming Hot Springs, Idaho Welter, Idaho DESCRIPTION FOR ESTATE OF REX KAY RADFORD HOUSE TRACT To -wit: That part of GLO Lot 1 of Section I,T35N R119W, 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 the north line of said GLO Lot 1, to a point at a fence corner; thence S00 11' -37 "W, 471.00 feet, along an existing north -south fence line, to a point at a fence corner; 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 NE1/4 of Section 1, T35N RI19W, 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; 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 "corner" found as described in the Confer 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 G P1 ,ECTION 35 T35N R119W S1 /2SE1/4 SECTION 36 T36N RI 19W LINCOLN G dated 10 December 2013, as revised. 10 December 201 "Modification in any way of the foregoing description terminates liability of the surveyor" ifesslonal Land Surveyors UL N. SCHERBEL o. Registration No. 164 ih Registration No. 1670 ho Registration No. 3990 rade Registration No. 6805 OTTA. SCHERBEL 0. Registration No. 3089 h Registration No. 372111 ho Registration No, 8026 RLOWE N. SCHERBEL D. Registration No. 5368 RL F. SCHERBEL o. Registration No. 11810 to Registration No. 13493 EDS No. 1223 aeyor Scherbel, LTD. n, Wyoming Piney, Wyoming (son, Wyoming a Hot Springs, Idaho i(peller, 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 cast 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" fesslonal Land Surveyors IL N. SCHERBEL 3. Registration No. 164 1 Registration No, 1670 to Registration No. 3990 ado Registration No. 60D5 )T7 A. SCHERBEL 3. Registration No. 3809 1 Registration No. 372111 to Registration No. 9025 2LDWE A. SCHERBEL r. Registration No, 5360 2L F. SCHERBEL 3. Registration No. 01010 to Registration No. 13483 EDS No. 1223 3eyor Scherbel, LTD. n, Wyoming Piney, Wyoming mon, Wyoming 3 Hot Spdngs, Idaho Oder, 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 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"