HomeMy WebLinkAbout889688WHEN RECORDED RETURN TO:
Kent H. Collins
Stephen M. Sargent ~ ~ 9 6 ~ ~
Parr Waddoups Brown Gee & Loveless
185 South State Street, Suite 1300 BOOK~'~ % PR PAGE
Salt Lake City, Utah 84147
QUITCLAIM OF EASEMENT
This Quitclaim of Easement is from F.A.T. Investments Limited Partnership, a Wyoming
limited partnership ("Grantor"), to 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, as
Trustee of the Quinn R. Heiner and Carolyn S. Heiner Family Revocable Trust dated May 16, 1997, of
P.O. Box 3210, Alpine, Wyoming 83128 ("Grantee").
Recitals
A. Grantor acquired certain rights through prescription and contract assignment to a
roadway that is described below by legal description (the "Roadway").
B. Grantor owns real property that is benefitted by use of the Roadway and has sold a
portion of that real property to Grantee.
C. Grantor agreed by Contract to Buy and Sell Real Estate dated March 7, 2002 (the
"Contract") to quitclaim to Buyer the non-exclusive right to use the Roadway to access the real
property that is the subject of the Contract.
D. By Grant of Easement dated April 30, 2002 and recorded on May 17, 2002 as Entry
No. 881077, Book No. 489, Page Nos. 696-698, in the office of the Lincoln County Clerk, State of
Wyoming (the "Original Grant of Easement"), Grantor purported to convey and quitclaim to Grantee
the non-exclusive right to use the Roadway to access the real property that is the subject of the
Contract.
E. Previously, however, by Special Warranty Deed dated April 12, 2002 and recorded on
May 1, 2002 as Entry No. 880672, Book No. 488, Page Nos. 612-613, in the office of the Lincoln
County Clerk, State of Wyo~ning (the "Original Special Warranty Deed"), Grantor mistakenly
conveyed and warranted to Grantee any and all interest that Grantor had in the Roadway, thus leaving
Grantor with no interest in the Roadway to convey and quitclaim to Grantee under the Original Grant
of Easement.
F. Prior to executing this Quitclaim of Easement, Grantee has executed a Quitclaim Deed
quitclaiming to Grantor any and all interest that Grantee has in the Roadway (the "Quitclaim Deed"),
thereby correcting the mistake in the Original Special Warranty Deed. Immediately following the
recording of the Quitclaim Deed in the office of the Lincoln County Clerk, State of Wyoming, this
Quitclaim of Easement is to be recorded in the office of the Lincoln County Clerk, State of Wyoming,
thereby conveying and quitclaiming to Grantee the non-exclusive right to use the Roadway to access the
real property that is the subject of the Contract.
::ODMALMHODMA\PWB GL;46435;2
Agreement
THEREFORE, for the sum of $10 and other valuable consideration, the receipt and sufficiency
of which 'are acknowledged, Grantor hereby conveys and quitclainrs to Grantee, the non-exclusive right
to utilize for roadway purposes an easement located in Lincoln CountY, Wyoming, that is more
particularly described as follows:
A right-of-way easement over, across and along a strip of land 30 feet in width, said 30
foot wide strip of land being 15 feet each side of the centerline of an existing road or
roadway extending from the Strawberry Road to lands of Charles G. Heiner and Ellen
H. Heiner in the SE¼ SE¼ of Section 6, T 33 N, R 118 W, 6u' P.M., Wyoming, and
the centerline of said road or roadway being more particularly described as follows;
Begim~ting at the intersection of the Strawberry Road With the centerline of an existing
road (said intersection being in Section 21, T 34 N, R 118 W, 6~' P.M., Wyoming, and
being approximately 11/~ mile along the Strawberry Road from the U.S. 89 Highway)
and rumfing in a southerly direction along the centerline of said existing road, through
the lands of LeRoy L. Heiner and wife, approximately one-half (1/2) mile to the south
boundary line of Said Section 31, T 34 N, R 118 W, 6'h P.M., Wyoming, thence in an
East - South - easterly direction, through the lands of Joseph A. Heiner, Jr. and wife,
approximately 20 rods through the Northeast Corner of the NW~/~ NW ¼ of Section 6,
T 33 N, R 118 W, thence through the lands of LeRoy L. Heiner and wife in the NE¼
NWl~ of said Section 6, in an East - Southeasterly direction, approximately 40 rods,
thence.through said lands in a south - southeasterly direction approximately 130 rods to
the North boundary line of the lands of Charles G. Heiner and wife in the SI,5 SW1A
NE ¼ of said Section 6, thence through said lands and NW ¼ SE ¼ of said Section in a
South - Southeasterly direction approximately 110 rods to the Northeast corner of the
Forrest Joel Heap and wife property and East boundary line of the NW¼ SE¼ of said
Section 6, thence along the West boundary line of the Joseph A. Heiner and Sara
Heiner lands, in the NE¼ SE¼ of said Section 6, approximately 460 feet to the North
boundary line of the SE ¼ SE ¼ of said Section 6, and North boundary line of the
Charles G. Heiner and wife property in said SE ¼ SE ¼, and extending 30 feet each
side of the centerline of said described roadway, as shown on the Exhibit "A" attached
hereto and by this reference made a part hereof.
The easement granted herein shall be used exclusively to access not more than four single
family home sites located on the following real property located in Township 33 North, Range 118
West, 6th P.M., Lincoln County, Wyoming:
Section 7:.SE¼ NE¼
Section 8: SW~A NW¼
::ODMA\MHODMA~WBGL 46435 2 2
DATED this
day of April, 2003.
F.A.T. INVESTMENTS LIMITED
PARTNERSHIP, a Wyoming limited
partnership
M. Keith Prescott, Trustee of The Frank H.
Talley Living Trust, General Partner
STATE OF UTAH
COUNTY OF SALT LAKE
SS
On the'[st' day of April, 2003, personally appeared before me M. Keith Prescott, the signer
of the above instrument who duly acknowledged to me that h.,q executed the same as Trustee of The
Frank H. Talle. e.e.~ Livin~ Trust.
.......
~ ~~X ANDflEA MILLE~
..... t*.t ~'~ l~1 s,, Lake Ci~, Utah ~10~ . Notary Public ' L - ~ -
(beau I ~*~7 My Commission Expire
%..~..;r Juno 15, 2003
] ~ State of Utah
My con~~ ...... ~ ResidJng at:
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Arh'~e"M. Tall'ey,~Trus-tee ~'he Arline M.
Talley Living Trust, General Partner
STATE O~ )
~_,_,~ ,z:k.X...~. ~ SS
COUNTY O~ )
On the ~f4 day of April, 2003, personally appeared before me Arline M. Talley, the signer of
the above instrument who duly ackmowledged to me that she executed, the s~m/~as/1~stee of The
Arline M,,,,~alley--"by'"..?7i'"k,..e~"~ ";~ Living ~THyTrUst L ~Ta~N ~~~ ~~~~
(Seal):;},,. stol ,~ a~,,~atm,~a ~t~ry Public/ Nx/
My conunission expires' Residing at: ~~ t ~ M~
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