HomeMy WebLinkAbout887233 RECEIVED
LiNCoL[,~ COUNTy
BOOK 5-'~.I.-} PR PAGE. [~ 4 ~ 8 8 ? 2 3,3
CONFIRMATION OF
RESTATEMENT OF AND AMENDMENT TO
.NON-EXCLUSIVE ROADWAY AND UTILITY
COMMON EASEMENT AGREEMENT
THIS CONFIRMATION OF RESTATEMENT OF AND AMENDMENT TO NON-
EXCLUSIVE ROADWAY AND UTILITY EASEMENT COMMON EASEMENT
AGREEMENT (hereafter, "Agreement") is made this 2¢ ~ day of ,,7~bt,0'fl )/ , 2003,
by Amy Bassett, Trustee of the Amy Bassett Trust established u/t/a dated February 20, 2000, and
Merrill L. McNeel, personally and as attorney in fact for Erna Jean Deutz, Edwin G. McNeel,
James McNeel, Paul L. McNeel, Raymond McNeel, Julia Ritchey, and Cheryl Tarrell.
FOR THE MUTUAL BENEFIT of Amy Bassett, Trustee of the Amy Bassett Trust
established u/t/a dated February 20, 2000; Rolf A. Funk and Nora M Funk, husband and wife, as
tenants by the entireties; Richard L. Jenkins and Kathleen A Jenkins, husband and wife, as
tenants by the entireties; Merrill L. McNeel, personally and as attorney in fact for Erna Jean
Deutz, Edwin G. McNeel, James McNeel, Paul L. McNeel, Raymond McNeel, Julia Ritchey,
and Cheryl Tan-ell; and Steve D. Scofield and Dianna J. Scofield, Trustees of that Living Trust
dated January 26, 1998, the easement for ingress, egress, and utilities benefiting their properties,
created by the Exclusive Roadway and Utility Easement Agreement, Common Easement
Agreement dated January 6, 1999, and recorded in the land records of Lincoln County,
Wyoming, in Book 426 PR at Pages 417 through 423 as Instrument No. 856916 on February 23,
1999, which was restated and expanded by the Restatement and Amendment to Non-Exclusive
Roadway and Utility Easement Agreement dated September 30, 2002, and recorded in the land
records of Lincoln County, Wyoming, in Book 501 at Pages 628 through 635 as Instrument No.
CONFIRMATION OF
RESTATEMENT OF AND AMENDMENT TO
NON-EXCLUSIVE ROADWAY AND UTILITY EASEMENT
COMMON EASEMENT AGREEMENT
PAGE 1 OF 7
884752 on October 14, 2002, is hereby confirmed by the parties hereto for their benefit and for
the benefit of all of the parties to the previously recorded Agreements:
I. RECITALS
The parties recite and declare:
1. That they have an interest in adjoining real property situated near Alpine, Lincoln
County, Wyoming; and
2. That they desire to create a common easement for ingress, egress, and utilities
over under, for the benefit of the following real properties:
a. property currently titled in the name of Amy Bassett, Trustee of the Amy
Bassett Trust established u/t/a dated February 20, 2000, by Conveyance recorded in the
land records in the Office of the County Clerk of Lincoln County, Wyoming, in Book
443 PR at Pages 465 and 466 as Instrument No. 865009 on March 31, 2000, incorporated
herein by reference as if set forth in its entirety;
b. property currently titled in the names of Roif A. Funk and Nora M. Funk,
husband and wife, as tenants by the entireties, by Warranty Deed recorded in the land
records in the Office of the County Clerk of Lincoln County, Wyoming, in Book 390 PR
at Page 387 as Instrument No. 828921 on November 12, 1996, incorporated herein by
reference as if set forth in its entirety;
c. property currently titled in the names of Richard L. Jenkins and Kathleen
A. Jenkins, husband and wife, as tenants by the entireties, by Warranty Deed recorded in
the land records in the Office of the County Clerk of Lincoln County, Wyoming, in Book
CONFIRMATION OF
RESTATEMENT OF AND AMENDMENT TO
NON-EXCLUSIVE ROADWAY AND UTILITY EASEMENT
COMMON EASEMENT AGREEMENT
PAGE 2 OF 7
457 PR at Page 810 as Instrument No. 870586 on January 4, 2001, incorporated herein by
reference as if set forth in its entirety;
d. property currently titled in the names of Steve D. Scofield and Dianna J.
Scofield, Trustees of that Living Trust dated January 26, 1998, by Warranty Deed
recorded in the land records in the Office of the County Clerk of Lincoln County,
Wyoming, in Book 454 PR at Page 314 as Instrument No. 869139 on October 20, 2000,
as modified by Quitclaim Deed recorded in Book 495 at Page 19 as Instrument No.
882740 on July 24, 2002, both incorporated herein by reference as if set forth in their
entirety; and
e. property currently titled in the names of Merrill L. McNeel, Erna Jean
Deutz, Edwin G. McNeel, James McNeel, Paul L. McNeel, Raymond McNeel, Julia
Ritchey, Cheryl Tarrell by Deed of Personal Representative recorded in the land records
in the Office of the County Clerk of Lincoln County, Wyoming, in Book 442 PR at Page
150 as Instrument No. 864385 on February 28, 2000, as modified by Quitclaim Deed
recorded in Book 495 PR at Page 16 as Instrument No. 882739 on July 24, 2002, both
incorporated herein by reference as if set forth in their entirety.
3. That the easement created herein, and co-owned by the parties hereto, and their
heirs or successors and assigns, for ingress, egress, and utilities over, under, and through said
easement, is described as follows:
A 60.00 foot-wide easement for ingress and egress and utilities over, under, and
through portions of the SE1/4 of Section 4, T36N, Rl l9W, 6th P.M., Lincoln County,
Wyoming, the center of said easement being described as follows:
CONFIRMATION OF
RESTATEMENT OF AND AMENDMENT TO
NON-EXCLUSIVE ROADWAY AND UTILITY EASEMENT
COMMON EASEMENT AGREEMENT
PAGE 3 OF 7
846
BEGINNING at a point on the center line of the existing McCoy Creek
Road, said point being 150.82 feet N74°01'18"E from A BLM-type monument set
marking the Southwest Sixteenth Comer of Section 4; thence running
S34°01'40"W 230.45 feet to a point on the line dividing a 15.030-acre tract and
20.173-acre tract on that certain map for James C. McNeel and file January 11,
1994 as No. 777270 in the Lincoln County Records; thence South along said
dividing line 1,176.94 feet to the South boundary common to said tracts and said
Section 4.
INCLUDING ALSO the area described in Exhibit A, attached hereto,
which is marked as "Description - Black Mountain Private Road".
1I. PURPOSE
The purpose of this easement is to give the parties hereto, and their heirs or successors
and assigns, a nonexclusive common easement for the right of ingress, egress, and utilities over,
under, and through said easement to the properties identified in Paragraph 2 above, with equal
right to use and enjoy the easement for the purposes stated herein.
HI. CONSIDERATION
The parties agree that their mutual promises and other value shall serve as consideration
for the easement.
IV. IMPROVEMENTS
The parties shall have the right to construct and / or install, maintain, improve, and repair
a roadway and utilities in the easement. Any party making improvements in the easement will
CONFIRMATION OF
RESTATEMENT OF AND AMENDMENT TO
NON-EXCLUSIVE ROADWAY AND UTILITY EASEMENT
COMMON EASEMENT AGREEMENT
PAGE 4 OF 7
make the improvements at their own individual expense, unless otherwise agreed in writing by
the parties.
V. EASEMENT RUNS WITH LANDS
The easement shall run with and benefit the lands described herein in Section I., and shall
be binding on and inure to the benefit of the parties to this Agreement, and their respective heirs
or successors, and assigns.
VI. NOTICE(S)
Any notice(s) concerning this Agreement shall be given in writing and shall be deemed
given when sent by certified or registered mail to the last known address of record of the
owner(s) of any property subject to and benefited by this Agreement.
VH. GOVERNING LAW
The parties agree that this Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Wyoming.
VIII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties, and any prior
understanding or representations of any kind preceding the date of this Agreement shall not be
binding upon any party except to the extent they are incorporated into this Agreement.
IX. MODIFICATION
This Agreement may only be modified in writing, and shall be binding only if evidenced
in writing by the owner(s) of any property subject to and benefited by this Agreement.
CONFIRMATION OF
RESTATEMENT OF AND AMENDMENT TO
NON-EXCLUSIVE ROADWAY AND UTILITY EASEMENT
COMMON EASEMENT AGREEMENT
PAGE $ OF 7
IN WITNESS WHEREOF, the
Amendment to Non-Exclusive Roadway
have signed below.
848
parties to this Confirmation of Restatement and
and Utili,ty Easement, Common Easement Agreement
AMY BA~SETT, TRUSTEE
of the Amy Bassett Trust established u/t/a
dated February 20, 2000
MERRILL L. McNEEL
I~RNA JEAN DEUTZ ~ "~
by MERRH.L L. McNEEL,
ATTORNEY IN FACT
EDWIN G. McNEEL
by MERRILL L. McNEEL,
ATTORNEY IN FACT
JAMES McNEEL
by MERRILL L. McNEEL,
ATTORNEY IN FACT
PAUL L. McNEEL
by MERRH,L L. McNEEL,
ATTORNEY IN FACT
RAYMOND McNEEL
by MERRII,L L. McNEEL,
ATTORNEY IN FACT
JULIA RITCHEY
by MERRH,L L. McNEEL,
ATTORNEY IN FACT
CHERYL TARRELL ¢
by MERRII,L L. McNEEL,
ATTORNEY IN FACT
CONFIRMATION OF
RESTATEMENT OF AND AMENDMENT TO
NON-EXCLUSIVE ROADWAY AND UTILITY EASEMENT
COMMON EASEMENT AGREEMENT
PAGE 6 OF 7
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
8~i9
ACKNOWLEDGED before me by AMY BASSETT as TRUSTEE of the Amy Bassett
Trust established u/t/a dated February 20, 2000, for and on behalf of said Trust, this 2fo~ day of
om~r/V~t4T~y ,2003.
WITNESS my hand and official seal.
Oounty d ~ ~ate of '
U~ ~ Wy~lng =
My ~m~ ~lm. ~I[?L~3 _.
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
ACKNOWLEDGED before me by MERRH,L L. McNEEL this 2t/~ day of January,
2003.
alseal. /' J~q~~
STATE OF WYOMING )
) ss.
COUNTY OF LINCOLN )
ACKNOWLEDGED before me by MERRILL McNEEL as ATTORNEY IN FACT
for ERNA JEAN DEUTZ, EDWIN G. McNEEL, JAMES McNEEL, PAUL L. McNEEL,
RAYMOND McNEEL, JULIA RITCHEY, and CHERYL TARRELL, this 2. q~.~,, day of
January, 2003.
WITNESS my hand and official seal.
N~OTA
RY PUBLI(~
CONFIRMATION OF
RESTATEMENT OF AND AMENDMENT TO
NON-EXCLUSIVE ROADWAY AND UTILITY EASEMENT
COMMON EASEMENT AGREEMENT
PAGE 7 OF 7
Oescrip'don - BIscl[ Mountsin Private load
A portion of the SE1/4 of Section 4, T36N, RI 19W, of the 6th P.M., Lincoln County, Wyoming,
being 30 feet on each side of the following d~ Center Line:
BEGINNING at a Point inthe McCoy Creek Road Pdght-of-Way, said point being 150.61 feet
N74°37'32"E bom the B.L.M. type Monument marking Lloyd B. Baker PE/LS 698, 1993
location for the SE1/16 Comer ofsa/d Section 4; Thence southwesterly, along said Center Line
the following: S34°36'50"W 17.33 feet. along a 700 feet, Radius Curve to the Left, through a
central angle 33°54'43'' (chord bears S17°39'28"W 408.29 feet) an arc distance of 414.31 feet
and S0°42'06"W 963.13 feet to a point in the South line of said SE1/4.
$74°37'32"W 405
150.61' S34°36'49-69"W
17.33'
409
'105
EXTITB IT A