HomeMy WebLinkAbout890950/¢.~¢.
Recorded at the request of, and
after recording return to:
HI LINE EQUIPMENT COMPANY
1111 South 3200 West
Salt Lake City, Utah 84104
BOOK ~'~ PR PAGE
497
RECEIVED
LINCOLN COtJNTY CLERK
03. ¢! 1 '3 ""
i
RIGHT OF WAY EASEMENT
(to State Lease Land)
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby
acknowledged, F. MICHAEL K1BBIE and CAP, LA S. IQBBm, Utah residents whose address is 1111
South 3200 West, Salt Lake City, Utah 84104 (collectively "Kibble"), hereby grant to HI Ln,,rE
EQUIPMENT COMPANY, a Utah general partnership located at 1111 South 3200 West, Salt Lake City,
Utah 84104, and its successors and assigns ("Hi Line"), a non-exclusiVe easement (the "Easement")
for vehicular and pedestrian access and for utility lines over, under and across the following parcel of
real property (the "Burdened Property") that is located in Lincoln County, Wyoming:
A strip of land thirty (30) feet in width within the E½SE¼ of Section 9 and the SW¼
of Section 10, T36N Rl l9W, Lincoln County, Wyoming, with the south line
described as follows:
BEGINNING at a point at the intersection of the westerly right-of-way line of U.S.
Highway 89 and the south line of said Section 10, S88°-55'-20"W, 568.36 feet from
the southeast comer of said SW¼;
thence S88°-55'-20"W, 2174.51 feet, along said south line, to the southwest comer of
said Section 10;
thence S89°-46'-52''W, 754.35 feet, along the south line of said Section 9 to a point
on a fifty (50) foot easterly offset line to the fight (easterly) bank of the Salt River
and the terminus of [the south line of] this easement;
[the following data is for information only and does not limit in any way the
foregoing legal description:] each "comer" found as described in the Comer 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 5368", 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 SURVEY FOR F. MICHAEL KIBBIE AND
CARLA S. KIBBIE OF TRACT WITHIN THE E½SE¼ SECTION 9 SW¼
SECTION 10 T36N RI 19W LINCOLN COUNTY, WYOMING", dated 25 January
498
2003, as revised.
The Easement is subject to the following terms and conditions:
1. Benefited Property. The Easement is to provide access to and utility service for land
that is being leased by Hi Line from the Wyoming Board of Land Commissioners .under a Grazing
and Agricultural Lease (the "Lease") and that is described as Lots 1, 2, 3 and 4:E2, Section 16,
Township 36 North, Range 119 West, Lincoln County,.Wyoming. The term of the current Lease
commenced 01 March 2000 and ends 01 March 2010. If Hi Line assigns the Lease to a party, then Hi
Line shall also assign the Easement to that party. However, if the Lease terminates or is not renewed
by Hi Line or its successors-in-interest, then the Easement shall terminate automatically, and in that
event and at the written request of the owner of the Burdened Property, Hi Line or its successor-in-
interest that had fights under the Lease immediately prior to the termination or non-renewal will
quitclaim the Easement to the owner of the Burdened Property, which shall succeed to all rights
under this Easement.
2. Character of Easement. The Easement: (a) shall burden and mn with the Burdened
Property; (b) shall benefit and run with the property that is described in section 1 above; (c) shall
bind every person having any fee, leasehold or other interest in any portion of the Burdened Property
at any time or from time to time; and (d) shall inure to the benefit of and shall be binding upon the
parties hereto, their respective successors and assigns and their respective tenants and subtenants.
DATED this I-~ day of June 2003.
LYNZI BAKER
NOTARY PUBLIC - STATE OF UTAH
569 MONTGOMERY STREET
SALT LAKE CitY, UT 84104
My Comm. Exp. 08/02/2006
KIB m
CARL--A S. KIBBIE
STATE OF koX~-aV'~ )
COUNTY OF ~k~- Lp__.kCQ
) SS.
The foregoing Right of Way Easement was acknowledged before me this
2003 by F. Michael Kibbie.
WITNESS my hand and official Seal.
My Commission Expires:
STATE OF
) SS.
COUNTY OF~'~ ~7.
day of June
Notar~ Publ~ ' -
LYNZI BAKER
NOTARY PUBLIC - STATE OF UTAH
569 MONTGOHERY STREET
SALT LAKE CTrY, UT 84104
My Comm. Exp. 08/02/2006
Right of Way Easement (to State Lease Land)
2
Kibble-to-Hi L/ne
459
The foregoing Right of Way Easement was acknowledged before me this
2003 by Carla S. Kibbie.
WITNESS my hand and official seal.
My Commission Expires:
C'lX~otar31 Public '
__ day of June
G:~RHT~D\6260-002.DOC
Right of Way Easement (to State Lease Land) 3 Kibbie-to-Hi Line