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HomeMy WebLinkAbout878137 Gale L. Haderlie and Shirley R. Haderlie, Trustees of the Gale L. and Shirley R. Haderlie Family. Trust, dated December 28, 1999 (sometimes referred to as ~'Haderlie"), of PO Box 1218, Alton, WY 83110, and L. D, Frome and Winnifred Ann Frome, Trustees of the L. D. Frome and Peggy Frome Revocable Trust dated November 24, 1986 (sometimes referred to as "Frome"), of PO Box 47, Afton, WY 83110, grantors, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grant and convey to L. D. Frome and Winnifred Ann Frome, Trustees of the L D. Frome and Peggy Frome.Revocable Tr.,st dated November 24, 1986, and Jody M. Simkins aka Jody Michael Simkins and Kristine Simkins, husband and wife ("sometimes referred to as "Simkins"), of PC) Box 224, Afton, WY 83110, grantees, the ~foilowing described perpetual right-of-way easement for the following purposes: 1. Purpose of Easement. This easement is for the purpose of providing a perpetual 33-foot wide right-of-way easement for ingress and egress and all utilities'to the property described in paragraph 3 from U.S. Highway 89, including the right to construct and maintain a roadway to prOvide that ingress and egress and for all utilities. Conditions of this Easement. The conditions of this easement are: a. It is a common easement for the mutual benefit of Grantors and Grantees. b. The easement may not be fenced by any of the Grantees without the.prior written consent of the Grantors. c. As to the Grantees and their respective lands, this Easement replaces in full the following described easements, and Grantees, by their signatures agree that the following, described easements, in consideration of the easement granted herein, are hereby relinquished and terminated and of no further force or effect: Right of way granted in that certain Warranty Deed dated May 6, 1971, and recorded in the office of the Lincoln County Clerk on May 25, 1990, in Book 286 PR, page 58: Beginning ata point 1/2 rod North and at East right of way 4 South 89 North near SW Corner of NW1/4SW1/4 of Section 31, T32N, R118W, and running thence North 90° East, 1800 feet; thence North 38030, East 450 feet; thence North 89° East, 250 feet to tract being sold to Farrell Tolman and 1/2 rod each side above described, center line. Right-of-way easement conveyed in that certain Easement Grant dated January 18, 1968, and recorded in the office of the Lincoln County Clerk in Book 81 PR, page 325: Beginning at a point on the East ROW of U.S. Highway 89 112 rods Nodh of the SW Corner of Sec. 31, T32N, R118W of'the 6th P.M., Wy.oming, thence 140 rods East to the West boundary line of F. D. Tolman property for one-half rod on each side of above described center line. Right-of-way easement conveyed in that certain Easement dated June 13, 1993, and recorded in the office of the Lincoln County Clerk on June 17, 1993, in Book 330 PR, pa.qe 533: A strip of land 16.5 feet in width being part of the N1/2SW1/4 of Section 31, T32N, R118W, Lincoln County, Wyoming, as more particularly described on the attached ."Description for Jody M. Simkins and Kristine Simkins from Gale L. Haderlie and Shirley R. Haderlie Access Easement". d. Haderlie is in the process of having the property on which this easement is located annexed into the Town of Afton. Haderlie anticipates that at some time in the future there will be a public street of the Town of Afton connecting Grantees' property to U.S. Highway 89. Grantees stipulate that when such public street has been constructed, they would no longer need this easement. Therefore, grantees agree to release this easement, at such time that a public street connecting their property to U.S. Highway 89 has been dedicated to the public and constructed. If any such public street replaces only a portion of this easement, then Grantees would only be required to release that portion of this easement that is replaced by the.public street. _ e. The padies stipulate and agree that this easement is located on the place of an existing road constructed by Frome or their predecessors in interest and that Frome owns the road base, gravel and other material constituting the road. 3 Property Benefited by Easement. This easement is for the benefit of the following described real property of the Grantees in Lincoln County, Wyoming: _L. D, Frome and Pe.q~y Fr:ome Revocable Trus~ Beginning at a point North 59° East, 2600 feet from the SW Corner of Section 31, T32N, R118W, and running thence North 3°30' East, 660 feet; thence North 11 ° East, 667 feet; thence North 90° East, 220 feet; thence South 0o West, 1320 feet; thence South 90° West, 350 feet to point of beginning and containing approximately 11.2 aCres. jody M. Simkins and'Kristine 'Simkins Propert_v That part of th'e S1/2SW1/4 of Section 31, T32N, R118W, Lincoln county, Wyoming, as more particularly described on the attached "Description for Jody M. Simkins and Kristine,Simkins Tract B - Mortgage". 4. Description of Easement. The easement is described as follows: A strip of land thirty-three (33) feet in width within the NE1/4SE1/4 of Section 36, T32N, R119W and within the N1/2SW1/4 of Section 31, T32N, R118W, Lincoln County, Wyoming, being 16.5 feet on each side of the centerline more particularly described on'the attached "Description for Gale L. Haderlie and Shirley R. Haderlie Family Trust, dated 28 December 1999, Frome Access Easement". AND ALSO, A strip of land thirty-three (33) feet in width within the N1/2SW1/4 of Section 31, T32N, R118W,'Lincoln County, Wyoming, being 16.5 feet on each side of the centerline more particularly described on the attached "Description for Gale Li Haderlie and Shirley R. Haderlie Family Trust, dated 28 December 1999, Simkins Access Easement". 5, Binding Effect. The terms and conditions of this easement shall be binding upon and inure to the benefit of the heirs, successors in interest and assigns of the parties named in this instrument. 6. Waiver of Homestead Rights. The grantors hereby waive and release all rights to the described easement under and by virtue of the homestead exemption laws of the State of Wyoming to the extent that such rights may interfere with the purposes of this easement. IN WITNESS WHEREOF, we have hereunto set our hands as of the 17th day of DeCember, 20~)1. Gale L. Haderlie, Trustee Sh rl~y'R. Haderlie, Trustee L. D. Frome, Trustee STATE OF wYOMING O~,?~:~~ {~, '8"~):~' ' SS. ':',. COUNTY OF LINCOLN The foregoing Easement was acknowledged before me by Gale L. Haderlie and Shirley R. Haderlie, Trustees of the Gale L. and Shirley R. Haderlie Family Trust, dated December 28, 1999 this ~ day of December, 2001. Witness my hand and official seal. i' '~ ..... ~~~~ GERALD L. GOULDINQ -i _ un~oln County. ~m~g I Mg commission expires: Mag 2, 2003. STATE OF WYOMING SS. COUNTY OF LINCOLN The foregoing Easement was acknowledged before me by L. D. Frome and Winnifred Ann this.Fr°me'.//~,~y-~TrqsteeSday of°fDecember,the L. D. Frome2001. and Peggy Frome Revocable Trust dated November 24, 1986, Witness my hand and official seal. GERALD L GOULDINQ Notm, y Pub#o · Bt.l. of Wyoming Uncoln County, Wyoming  , mmlsslon Explrea May 2, 2003 ARY PUBLIC My commission expireS: ! STATE OF WYOMING : SS. COUNTY OF LINCOLN The foregoing Easement was acknowledged before me by Jody M. Simkins aka Jody Michael Simkins and Kristine Simkins, husband and wife, this~:~/,.,,-./- day of December, 2001. , Witness my hand and official seal. (.~ ' GERALD L. GOULDIN~II Nolaw Publlo · 8lat. of wyomlq un~m county. WyomlM NOTARY PUBLIC ~" My Commission expires: To-wit:-- A strip of land 16.5 feet in width, being part of the N%~SW~ of Section 31, T32N, R118W, Lincoln County, Wyoming, wl[h the easterly and northerly lines described aa follows: BEGINNING at the sodthwest corner of that tract of record in the Office of the Clerk. of Lincoln County in Book 246 of Photostatic Records on page 683, N59°-00.0'E, 2573.69'feet, from the southwest corner of the S%SW¼ of said Section 31, found as described in the Certified Land Corner Recordation Certificate filed in said Office; thence N03"-30.0'E, 531.69 feet, along the west line of said tract in Book 246, to an intersection with the north right-of- way line of that easement of record in said Office in Book 81' of Photostatic Record~ on page 325; thence NP0'-00.0'W, 2238.54 feet, along said north right-cf-way line, to an intersection with the west line of said N½SW¼; thence continuing, NP0"-00.0'W, 27.51 feet to an intersect/on with the east right-of-way line of U.S. Highway 89; the BASE BEARING for this survey is the west line of the Section 31, T32N, RllSW, being North; each "corner" harked by a 5/8" x 24" steel re~nforcing rod with a 2" aluminum cap inscribed "SURVEYOR SCHERBEL, LTD. BIG PINEY, WY PLS 5368", and appropriate details; all in accordance with the plat prepared to be filed in the office of the Clerk of Lincoln County titled "GALE L. }{ADERLIE PLAT OF TRACTS AND EASEMENTS WITHIN SW¼ SECTION 31 T32N RllSW SE¼ SECTION 36 T32N RllPW LINCOLN COUNTY, WYOMING", dated 20 May 1993. II ~'imkinea.des "Modi(icalion in any way of ~he (oreF~oi~B description lerminales {iabitil¥ oir the surveyor" DESCRIPTION FOR JODY 'M. SIMKINS AND KRISTINE' SIMKINS TI~ACT B - MORTGAGE To-wit: -- That part of the s%sw¼ of section 31, T32N, R118W, Lincoln County, Wyoming, described as follows: BEGINNING at a point 6n the east line of said S%SW¼, S00"04.1'W, 265.30 feet, from the northeast corner of said S½SW¼, found as described in the Certified Land Corner Recor- dation Certificate filed in said Office; thence continuing S00o-04.1,W, 188.00 feet, along said east' line to a point; '~ thence N89.-35.2~W, 619.29 feet to a point; thence N06.-00.0~E, 188.89 feet to a point; thence S890-35.2~E, 599.77 feet to the POINT OF BEGINNINg; ENCOMPASSING an area of 2.63 acres, more or less; SUBJECT to easements of sight and of record; the BASE BEARING for this survey is the west line of the SW¼, of Section 31, T32N, R118W, being North'; eaoh "point" marked by a 5/8" x 24" ~teei reinforcing rod with 2" aluminum cap inscribed "SURVEYOR SCHERBEL, LTD. BIG PINEY, WY PLS 5368", and appropriate details; .,- all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County ~itled "GALE L. HADERL!E PLAT OF TRACTS AND EASEMENTS WITHIN SW¼ SECTION 31 T32N RllSW SE¼, SECTION 36 T32N Rll9W LINCOLN COUNTY, WYOMING", dated 20 May 1993. simktnb.des DESCRIPTION FOR GALE L. HADERLIE AND SHIRLEY R. HADERLIE FAMILY TRUST, DATED 28 DECEMBER 1999 FROME ACCESS EASEMENT To-wit: - - A strip of land thirty-three (33) feet in width, within the NE¼SE¼ of Section 36, T32N, R119W and within the N½SW¼ of Section 31, T32Ni R118W, Lincoln County, Wyoming being 16.5 feet on each side of the f611owing described centerline: BEGINNING at a position on the easterly right-of-way line of U.S. Highway 89, N03°-03'- 24"W, 508.67 feet, from the southwest corner of the said N½SW¼; thence S87°-37'-13"E, 1007.98 feet to a position; thence S87°-51"-57'E, !252.36 feet to a position on the west line of that tract of record in the Office of the Clerk of Lincoln County in Book 286 of Photostatic Records on page 58; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "position" is a calculated position with no mmmment found or set; all in accordance with the plat 'prepared to be filed in the Office of the Clerk of Lincoln County titled, "FINAL PLAT HADERLIE FIRST ADDITION TO TIlE TOWN OF AFTON WITHIN THE N½SW¼ SECTION 31 T32N Rll8W NE¼SE¼ SECTION 36 OMING", dated 23 April 2001. 1[/12 December 2001 ~v~ Ho, S~,~',, Id ..... Modification in any way of the toregoing description terminates liability of the surveyor" "ESCRIPTION FOR GALE L. HADERLiE AND SHIRLEY R. HADERLIE FAMILY TRUST, DATED 28 DECEMBER 1999 simons ACCESS EASEMENT To-wit: - - A strip o'f land thirty~three (33) -feet in width, within the N½SW¼ of Section 31, T32N, R118W, Lincoln County, Wyoming being 16.5 feet on each side of the following described centerline: BEGINNING at the southwest point of that tract of record in the Office of the Clerk of Lincoln Cmmty in Book 286 of Photostatic Records on page 58, N59°-00'-00"E, 2573.69 feet, from the southwest corner of the S½SW¼ of said Section 31; thence N03 -29 -59 E, 415.94 feet, along the west line of said tract, to a position at the intersection of said west line and the centerline ora thirty-three (33) foot access easement; each "corner" found as described in the Comer Record filed or to be flied 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, "SU-RVEYOR SCHERBEL LTD BIG PINEY WY PLS 5368", with appropriate details; each "position" is a calculated posit, ion with no monument found or set; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "FINAL PLAT HADERLIE FIRST ADDITION TO TIIE TOWN OF AFTON WITHIN TIlE N½SW¼ SECTION 31 T32N RllSW NE¼SE¼ SECTION 36 T3~I~119~ LINCOLN ~COUN/TY/~t'~IN'O", dated 23 April 2001. "Modification in any way of the foregoing description terminates liability of the surveyor"