HomeMy WebLinkAbout891844WHEN RECORDED RETURN TO:
Kent H. Collins
Parr Waddoups Brown Gee & Loveless
185 South State Street, Suite 1300
Salt Lake City, Utah 84147
BOoK~'~'k~ '~:~ PR PAGE
REOEIVEO
LINCOLN COUNTY CLERK
GRANT OF EASEMENT
This Grant of Easement is from F.A.T. Investments Limited Partnership, a Wyoming limited
partnership ("Grantor"), to Jeffrey H. Talley and Audrey F. Talley, as joint tenants with full rights of
survivorship, whose mailing address is 7685' South 3200 West, Benjamin, Utah 84660 ("Grantee").
Recitals
A. Grantor has acquired certain rights to a roadway that is described below by legal
description (the "Roadway") through assignment of a certain Common Easement Agreement dated
August 23, 1978, and recorded in the office of the Lincoln County Clerk on November 17, 1978, in
Book 150PR, Page 694 (the "Common Easement Agreement"), and possibly through prescription.
B. Grantor owns real property that is benefitted by use of the Roadway and has conveyed
a portion of that real property to Grantee, specifically:
A portion of the property as referred to in the Deed recorded in Book 343PR, on Page
262, with the Office of the Clerk of Lincoln County, Wyoming, within the SE1/4SE1/4
of Section 6 and the NE1/4NE1/4 of Section 7, T33N, R118W, of the 6th P.M.,
Lincoln County, Wyoming, the Metes and Bounds being more particularly described as
follows:
BEGINNING at the B.L.M. type Monument marking the Lloyd B. Baker (PE/LS 698)
2002 location for the Southwest Corner of said NE1/4NE1/4; thence N0°35'29"E,
along the West line .of said NEt/4NE1/4, 1,313.77 feet to the B.L.M. type Monument
marking the Lloyd B. Baker (PE/LS 698) 1999 location for the Southwest Corner of
said SE1/4SE1/4; thence N0°53'26"E, along the West line of said SE1/4SE1/4, 71.77
feet to the Aluminum Cap on an Iron Pipe set; thence N89°24'25"E 1,078.71 feet to
the Aluminum Cap on an Iron Pipe marking a point in the Center Line of the 60-foot
wide Non-exclusive Right-of-Way as referred to in the Grant of Easement, recorded in
Book 510, on Page 1; thence S4°28'51"E, along said Center Line, 79.81 feet to an
Aluminum Cap on an Iron Pipe; thence S19°40'25"E, continuing along said Center
Line, 6.35 feet to an Aluminum Cap on an Iron Pipe; thence S34°29'20"W 860.58 feet
to the Aluminum Cap on an Iron Pipe set; thence S45°35'43"W 860.00 feet, to the
Point of Beginning, containing 20.000 Acres (the "Property").
C. Grantor has agreed to quitclaim to Buyer, by virtue of Grantor's rights in the Roadway
through the Common Easement Agreement and possibly through prescription, the non-exclusive right
to use the Roadway to access the Property.
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859
Agreement
THEREFORE, for the sum of $10 and other valuable consideration, the receipt and sufficiency
of which are acknowledged, Grantor hereby conveys and quitclaims 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, 6m P.M., Wyoming, and
the centerline of said road or roadway being more particularly described as follows;
Beginning 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, 64 P.M., Wyoming, and
being approximately 1 ¼ mile along the Strawberry Road from the U.S. 89 Highway)
and running 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, 64 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 ¼ NW ¼ of Section 6,
T 33 N, R 118 W, thence through the lands of LeRoy L. Heiner and wife in the NE¼
NW ¼ 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 S1/2 SW¼
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 NW ¼ SE ¼ of said
Section 6, thence along the West boundary line of the Joseph A. Heiner and Sara
Heiner lands, in the NE ¼ SE ¼ of said Section 6, approximately 460 feet to the North
boundary line of theSE ¼ SE¼ 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 the Property. The easement
granted herein shall inure to the benefit of the heirs, sUccessors and assigns of Grantee.
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, : :..
DATED this ~ / day of July, 2003
F.A.T. INVESTMENTS LIMITED
PARTNERSHIP, a Wyoming limited
partnership
H. Talley Living Trust, General Partner
STATE OF UTAH )
: SS
COUNTY OF SALT LAKE )
On the ~,] day of July, 2003, 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.
(Seal) Ng_~ Publi-4
My cormnission expires: Residing at:
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861
Arline M.. Tallej,, ~"~us~ee ~-f ~hp~rline
M. Talley Living Trust, General/Partner
STATE OF MONTANA )
· SS
COUNTY OF ~ )
'~x~ 0~. I) ,'
On the ,,/~ day of July, 2003, personally appeared before me Arline M. Talley, the signer of
the above instrmnent who duly acknowledged to me that she executed the same as Trustee of The
Arline M. Talley Living Trust.
(Seal) Notary Public
My commission expires:
Residing at:
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