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Home My WebLink About896356WHEN RECORDED, MAIL TO: 896356 Kent H. Collins, Esq. Parr Waddoups Brown Gee & Loveless 185 S. State Street, Suite 1300 Salt Lake City, Utah 84111' RECEIVED LIN00~_~ COU~JTY CLERK CORRECTION GRAN~6~' EASEMENT THIS CORRECTION GRANT OF EASEMENT (this "Grant") is made this __ day of December, 2003 by F.A.T Investments Limited Partnership, a Wyoming limited partnership ("Grantor"), of 31 Piquett, Darby, Montana 59829, in favor ofDeon 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 and Carolyn S. Heiner, as Trustees of the Quinn R. Heiner and Carolyn S. Heiner Family Revocable Trust dated May 16, 1997, with an address of P.O. Box 3210, Alpine, Wyoming 83128 (collectively referred to herein as "Grantee"). Recitals A. By Contract to Buy and Sell Real Estate dated March 7, 2002 (the "Contract"), Grantees' assignor, Deon Heiner, contracted with Grantor to acquire certain real property located in Lincoln County, Sthte of Wyoming, that is more particularly described on Exhibit A, attached hereto and by this reference incorporated herein, as the Benefitted Property. B. The Contract requires Grantor t° grant an easement across Grantor's real property located in Lincoln County, State of Wyoming, that is more particularly described on Exhibit A as the Easement Property. C. By Grant of Easement dated December 9, 2002, and recorded in the office of the Lincoln County Clerk on January 17, 2003, as entry number 887014, at Book 510, Pages 001 through 006 (the "Original Easement"), Grantor conveyed to Grantee the easement required by the Contract. D. During its April, 2003 term, on August 14, 2003, the Supreme Court of the State of Wyoming rendered its decisions in Voss v. Albany County Commissioners, No. 02-68 (Wyo. 2003), and in Stevens v. Voss and Albany County Board of County_ Cormnissioners, No. 02-101 (Wyo. 2003). Those decisions, arguably, render the Original Easement an easement in gross, rather than an appurtenant easement. For that reason, Grantee is not able to provide title insurance for a Portiofi of the Benefitted Property that Grantee desires to sell. E. Grantor desires to accommodate Grantee by revising the Original Easement so as to eliminate doubt that Grantor intended to convey an appurtenant easement. C:\wp51\DATA\KHCD\Grant Easement-17U.wpd (lo-k) Grant 2O8 THEREFORE, for valuable consideration, the receipt and Sufficiency of which are acknowledged by GrantOr, and intending, subject to the conditions set forth below, that the burdens and benefits of this Grant run with and burden the Easement Property, and run with and benefit the Benefitted prOperty, Grantor does the following: 1. Grant of Easement. Subject to all other provisions of this Grant, Grantor hereby conveys to Grantee, a perpetual, non-exclusive easement across the Easement Property (the "Easement"). The Easement shall run with and burden the Easement Property and shall run with, benefit, and be appurtenant to the Benefitted Property. 2. Use of Easement. The Easement may be used by Grantee, Grantee's heirs, executors, administrators, successors, assigns and legal representatives for the purpose of ingress and egress to and from the Benefitted Property, 3. Original Easement. By this Grant, the Original Easement is hereby conveyed by Grantee to Grantor and by such conveyance is terminated. 4. Effective Date. This Grant, and any hereto, shall take effect upon its being filed for record in the office of the County Recorded of Lincoln County, State of Wyoming. 5. Applicable Law. This Grant shall be governed by and construed in accordance with the laws of the State of Wyoming. [The remainder of this page left intentionally blank] C:~wp51\DATA'~HCD\Grant Easemcnt-17U.wpd (~k) 2 This Grant of Easement is executed this . _ day of December, 2003. GRANTOR: F.A.T. INVESTMENTS LIMITED PARTNERSHIP, a Wyoming limited partnership, by its. general partners:' 2O9 lley, trustee of~ Frank H. Talley Living Trust, gencrfil partner STATE OF UTAH ) :SS COUNTY OF 8¢dm-T--Lm~Cz~ Ll. kt~ ) On the .-~G~ day of December, 2003, personally appeared before me Jeffrey H. Talley, 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. (~h~'l~) 1~0 N. SPRING CREEK PUCEI / COMM. EXP 2- 2005I My Con~ission Expires: Ne(~arY Public Residing at: C:\wpSI\DATA\KHCD\Grant Easement-17U.wpd (krk) 210 A~i~e ~Vl. Talley, {r6st~e of the A~51~e Talley Living Trust, 'general partr~er :SS On the ~ day of December, 2003, personally appeared before me Arline M. Talley, the signer of the above instrument who duly acknowledged to me that she executed the same as trustee of the Arline M. Talley Living Trust. /7' .% My Commission Expires: Notary Public Residing at: ~ C:\wpSI\DATA~KHCD\Grant Easement-17U.wpd (k~k) 4 12/23/2003 10'33 FAX 801 532 7753 PARR WAODOUP$ LAW ~oo!/olo 211 THE DEON F.' HEINER AND CHERYL V. HEINER FAMILY REVOCABLE TRUST, u/a/d May 16, 1997 D~er, Trustee Cheryl V. Heiner, Trustee STATE OF WYOMING ) COUNTY OF ~'~OaD ~ ) On the ~ day of December, 2003, personally appeared before me Deon F. Heiner and Cheryl V. Heiner, the signers of the above instrument who duly acknowledged to me that they executed the same as trustees of the Deon F. Heiner and Cheryl V. Heiner Family Revocable Trust, u/a/d May i 6, 1997. (SEAL) My Commission Expires: Resi~ing at: 12/23/2003 10'34 FAX 801 532 7753 PARR ~^ODOUPS LA~ 1~o08/olo THE QUINN R. HEINER AND CAROLYN S. HEINER FAMILY REVOCABLE TRUST, u/a/d May 16, 1997 By:.~ By: ~---c.~fS'.,-,,,~, ////~/~fl'"' ¢-a,-o~astee STATEOF !,[)~L[~tY~i~ ) ~ :ss On [he ~ day of December, 2003, personally appeared before me Quinn R. Heiner and C-~-clyn $. "~:~- ,, ...... the signers of the above instrument who duly acknowledged to me that they executed thc same as trus[ees of the Quinn R. Heiner and Carc!;.'v. _% He!:'.zr F~..m~l.' y Revocable Trust, u/a/d May 16, 1997. ~ County of ~ State of (SE~L) Lincoln ~ W~mln~ My Commission Explrea ,/~/-o~q'-z6~) My Commission Expires: Residing at: C:~wp51 ~D^TA~.Ki4CD',Otant ~,a~om~nl-I'/U.wl~J (k ~k) 213 EXHIBIT A (Attached to and forming a part of Correction Grant of Easement dated December __., 2003 by F.A.T. Investments Limited Partnership, a Wyoming Limited Partnership, in favor of 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 and Carolyn S. Heiner, as Trustees of the Quinn R. Heiner and Carolyn S. Heiner Family Revocable Trust dated May 16, 1997 Benefitted Property Real property located in Township 33 North, Range 118 West, 6th P.M., Lincoln County, Wyoming: Section 7: Southeast quarter, Northeast quarter Section 8: Southwest quarter, Northwest quarter Easement Property A 40 foot roadway along a portion of the property referred to in the Deed recorded in Book 343PR, on page 226, with the Office of the Clerk of Lincoln County, Wyoming, within the Southeast quarter of the Southeast quarter of Section 6, and the East one-half of the Northeast quarter of Section 7, TownShip 33 North, Range 118 West, of the 6th P.M., Lincoln County, Wyoming, the center line of which being more particularly described as follows: BEGINNING at the Iron Pipe found marking the end of the Right-of-Way Easement as referred to in said Deed, said Iron Pipe being 167.37 feet S89°10'20"E, along the South line of said SE1/4SE1/4 from the B.L.M. type Monument found marking the Lloyd B. Baker PE/LS 698, 1999 location for the Northwest Corner of said SE1/4SE1/4; thence S24°12'00"E 18.64 feet; thence S44°10'07"E 60.71 feet; thence S31°32'06"E 140.15 feet; thence Southeasterly, along a 130.00 feet Radius Curve to the Left, through a central angle of l°17'56'' (chord bears S47°1 l'04"E 70.14 feet) an arc distance of 71.01 feet; thence S62°50'02"E 62.71 feet; thence Southeasterly, along a 165.00 feet Radius Curve to the Right, tlu:ough a central angle of 24056'38'' (chord bears S50°21'43"E 71.27 feet), an arc distance of 71.83 feet; thence S37°53'24"E 97.11 feet; thence, Southeasterly, along a 245.00 feet Radius Curve to the Left tlu:ough a central angle of25°11'18" (chord bears S50°29'03"E 106.84 feet) an arc distance of 107.71 feet; thence S63°04'42"E 157.54 feet; thence S58°23'14"E 288.99 feet; thence, Southeasterly, along a 110.00 feet Radius Curve to the Right through a central angle of 30032'32'' (chord bears S43°06'58"E 57.95 feet) an arc distance of C:\wp5 I\DATA\KHCD\Grant Easement-17U.wpd (krk) 7 58.64 feet; thence Southeasterly, along a 173.45 feet Radius Curve to the Right through a central angle of 29°13'52" (chord bears 13°13'46"E 87.53 feet) an arc distance of 88.49 feet; thence S I°2Yl0"W 223.60 feet; thence S6°59'48"E 170.79 feet; thence S4°28'51 "E 117.8.9 feet; thence S19°40'25"E 357.20 feet; thence S1°00'58"W 258.80 feet; thence S12°08'32"E 77.97 feet; thence S0°02'44"W 146.08 feet; thence Southwesterly, along a 60.00 feet Radius Curve to the Right through a central angle of 45002'43'' (chord bears S22°34'05"W 45.97 feet) an arc distance of47.17 feet; thence S45°05'26"W 106.75 feet; thence S36°05'5 I"W 206.28 feet; thence Southwesterly, along a 50.00 feet Radius Curve to the Left through a central angle of 49o53'53'' (chord bears S 11°08'55"W 42.18 feet) an arc distance of 43.54 feet; thence Southeasterly, along a 27.60 feet Radius Curve to the Left through a central angle of 90°01'41 °' (chord bears S58°48'52"E 39.04 feet) an arc distance of 43.37 feet; thence N76°10'18"E 55.80 feet; thence · Southeasterly, along a 40.00 feet Radius Curve to the Right through a central angle of 89°59'03'' (chord bears S58°50'11"E 56.56 feet) an arc distance of 62.82 feet; thence S13°50'39"E 83.60 feet; thence Southeasterly, along a 525.00 feet Radius Curve to the Left throUgh a central angle of 23°16'59" (chord bears S25°29'009"E 211.88 feet) an arc distance of 213.34 feet; thence S37°07°39"E 91.37 feet to a point in the West line of the SW1/4NW1/4 of Section 8. C:\wpSI\DATA\KHCD\Gram Easen~nt-17U.wpd (la'k)