HomeMy WebLinkAbout887014WHEN RECORDED, MAIL TO:
Kent H. Collins, Esq.
Parr Waddoups Brown Gee & Loveless
185 S. State Street, Suite 1300
Salt Lake City, Utah 84111
RECEIVED
LI/',,I~.,OL~,, [,OU?,!TY CLERK
BOOK,._~Ji.~ PRPAGE 00 J~_
GRANT OF EASEMENT
THIS GRANT OF EASEMENT (this "Grant") is made this 'ff day of December, 2002,
by F.A.T Investments Limited Partnership, a Wyoming limited partnership ("Grantor"), of 31
Piquett, Darby, Montana 59829, in favor of Deon F. Heiner and Cheryl V. Heiner, as Trustees of
the Deon F. Heiner and Cheryl V. Heiner Family Revocable Trust dated May 16, 1997, and
Quinn R. Heiner and Carolyn S. Heiner, as Trustees of the Quinn R. Heiner and Carolyn S.
Heiner Family ReVocable Trust dated May 16, 1997, of -
referred to herein as "Grantee"). (collectively
Recitals
A. By Contract to Buy and Sell Real Estate dated'March 7, 2002 (the "Contract"),
'Grantees' assignor, Deon Heiner, contracted with Grantor to acquire certain real property located
in Lincoln County, State of Wyoming, that is more particularly described on Exhibit A, attached
hereto and by this reference incorporated herein, as the Benefitted Property.
B. The Contract requires Grantor to grant an easement across Grantor's real property
located in Lincoln County, State of Wyoming, that is more particularly described on Exhibit A as
the Easement Property.
Grant
Therefore, for valuable consideration, the receipt and sufficiency of which are
acknowledged by Grantor, and intending, subject to the conditions set forth below, that the
burdens and benefits of this Grant run with and burden the Easement Property, and mn with and
benefit the Benefitted Property, Grantor does the following:
1. Grant of Easement. Subject to all other provisions of this Grant, Grantor hereby
conveys to Grantee, a perpetual, non-exclusive easement across the Easement Property (the
"Easement"). The Easement shall mn with and burden the Easement Property and shall mn with,
benefit, and be appurtenant to the Benefitted Property.
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2. Use of Easement. Notwithstanding any other provision of this Grant, the
Easement may only be used by Grantee, Grantee's successors in interest and their respective
invited guests for the purpose of an access roadway to the Benefitted Property for the express and
sole purpose of obtaining access to four homeSites, not more that two of which shall be located
on the Easterly 40 acres of the Benefitted Property, and not more than two of which shall be
located on the Westerly 40 acres of the Benefitted Property.
3. Extinguishment of Easement. The Easement shall be extinguished and the owner
of the Benefitted Property shall execute such document, in recordable form, as Grantor may
reasonably request to verify such extinguishment and to reconvey the Easement to Grantor, upon
the first to occur of the following events:
(a) Use of the Easement, without express permission of Grantor, that creates
a burden on the Easement Property beyond that allowed in this Grant.
period.
(b)
Grantee's abandonment of the EasementaCor any continuous two year
4. Effective Date. This Grant, and any hereto, shall take effect upon its being filed
for record in the office of the County Recorded of Lincoln County, State of Wyoming.
5. Applicable Law. This Grant shall be governed bY and construed in accordance
with the laws of the State of Wyoming.
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O03
Arlin~ fi. Talley, tr~s'tec~ of t~he Arline
Talley Living Trust, general partner
STATE OF Lx'T'/,( ti )
iSS
COUNTY OF ~,'~ cT cd s: ~ )
On the o[ day of December, 2002, personally appeared before me Arline M. Talley,
the signer of the above instrument who duly acknowledged to me that she executed the same as
trustee of the Arline M. Talley Living Trust.
(SEAL)
Notary Public ~
KENTH. COLLINS ~
~ SMIe ~tr~t, 8~to 1 ~0 a
~ ~ ~,~,o. . Notary ~blic'
~m~9, 20~ ,)
Slate of Utah .
My Commission Expires:
Residing at:
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This Grant of Easement is executed this 2) day of December, 2002.
GRANTOR:
F.A.T. INVESTMENTS LIMITED
PARTNERSHIP, a Wyoming limited
partnership, by its general partners:
Talley Living Trust, general partner
STATE OF UTAH )
:ss
COUNTY OF SALT LAKE )
On the ~.~ day of December, 2002, personally appeared before me M. Keith Prescott,
the Signer of the above instrument who duly acknowledged to me that he executed the same as
trustee of the Frank H. Talley Living Trust.
~ [[~J]} ~~}~]p ~ Notary hblic
My Commission Expires:
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EXHIBIT A
(Attached to and forming a part of Grant of Easement dated December ,2002
by F.A.T. Investments Limited Partnership, a Wyoming Limited Partnership, in favor of
Deon F. Heiner and Cheryl V. Heiner, as Trustees of the Deon F. Heiner and Cheryl V. Heiner
Family Revocable Trust dated May 16, 1997, and Quinn R. Heiner and Carolyn S. Heiner,
as Trustees of the Quinn R. Heiner and Carolyn S. Heiner Family Revocable Trust
dated May 16, 1997
Benefitted Property
Real property located in Township 33 North, Range 118 West, 6th P.M., Lincoln County,
Wyoming:
Section 7: Southeast quarter, Northeast quarter
Section 8: Southwest quarter, Northwest quarter
Easement Property_
A 40 foot roadway along a portion of the property referred to in the Deed recorded in
Book 343PR, on page 226, with the Office of the Clerk of Lincoln County, Wyoming, within the
Southeast quarter of the Southeast quarter of Section 6, and the East one-half of the Northeast
quarter of Section 7, Township 33 North, Range 118 West, of the 6th P.M., Lincoln County,
Wyoming, the center line of which being more particularly described as follows:
BEGINNING at the Iron Pipe found marking the end of the Right-of-Way
Easement as referred to in said Deed, said Iron Pipe being 167.37 feet
S89°10'20"E, along the South line of said SE1/4SE1/4 from the B.L.M. type
Monument. found marking the Lloyd B. Baker PE/LS 698, 1999 location for the
Northwest Comer of said SE1/4SE1/4; thence S24°12'00"E 18.64 feet; thence
S44° 10'07"E 60.71 feet; thence S31 °32'06"E 140.15 feet; thence Southeasterly,
along a 130.00 feet Radius Curve to the Left, through a central angle of 1°17'56''
(chord bears S47°1 l'04"E 70.14 feet) an arc distance of 71.01 feet; thence
S62°50'02"E 62.71 feet; thence Southeasterly, along a 165.00 feet Radius Curve to
the Right, through a central angle of 24056'38'' (chord bears S50°21'43"E 71.27
feet), an arc distance of 71.83 feet; thence S37°53'24"E 97.11 feet; thence,
Southeasterly, along a 245.00 feet Radius Curve to the Left through a central
angle of25°11'18" (chord bears S50°29'03"E 106.84 feet) an arc distance of
107.71 feet; thence S63 °04'42"E 157.54 feet; thence S 58023' 14"E 288.99 feet;
thence, Southeasterly, along a 110.00 feet Radius Curve to the Right through a
central angle of 30o32'32'' (chord bears S43°06'58"E 57.95 feet) an arc distance of
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58.64 feet; thence Southeasterly, along a 173.45 feet Radius Curve to the Right
through a central angle of 29°13'52" (chord bears 13°13'46"E 87.53 feet) an arc
distance of 88.49 feet; thence S 1 °23'10"W 223.60 feet; thence S6°59'48"E 170.79
feet; thence S4°28'51 "E 117.89 feet; thence S19°40'25"E 357.20 feet; thence '
S1°00'58"W 258.80 feet; thence S12°08'32"E 77.97 feet; thence S0°02'44"W
146.08 feet; thence Southwesterly, along a 60.00 feet Radius Curve to the Right
through a central angle of 45°02'43'' (chord bears S22°34'05"W 45.97 feet) an arc
distance of 47.17 feet; thence S45°05'26"W 106.75 feet; thence S36°05'51 "W
206.28 feet; thence Southwesterly, along a 50.00 feet Radius Curve to the Left
through a central angle of 49°53'53" (chord bears S 11 °08'55"W 42.18 feet) an arc
distance of 43.54 feet; thence Southeasterly, along a 27.60 feet Radius Curve to
the Left through a central angle of 90°01'41" (chord bears S58°48'52"E 39.04 feet)
an arc distance of 43.37 feet; thence N76°10'18"E 55.80 feet; thence
Southeasterly, along a 40.00 feet Radius Curve to the Right through a central
angle of 89o59'03'' (chord bears S58°50'1 I"E 56.56 feet) an arc distance of 62.82
feet; thence S 13 °50'39"E 83.60 feet; thence S outheasterl'7, along a 525.00 feet
Radius Curve to the Left through a central angle of 23°16'59" (chord bears
S25°29'009"E 211.88 feet) an arc distance of 213.34 feet; thence S37°07'39"E
91.37 feet to a point in the West line of the SW1/4NW1/4 of Section 8.
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