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HomeMy WebLinkAbout898610'?:;i. c RECEIVED LINCOLN COUNTY CLERK 898610 RECORDING REQUESTED BY: John Bowers Bowers & Associates Law Office P.C. 106 Hospital Lane Post Office Box 1550 Afton, Wyoming 83110-1550 WH E N-'RECO RD E D,'MAlr'.i ri-O: LaDee'h ~(1~ ~( '~ h.'. :/¢ ',':.: ~:,,' H {~ PO Box 412 Afton, Wyoming 83110 AFFIDAVIT OF SUCCESSOR TRUSTEE STATE OF WYOMING COUNTY OF LINCOLN ) SS: ) o ¸3. LADEE.N ASTLE, being duly sworn, deposes and says: That KENNETH ASTLE (also known as KENNETH NIELD ASTLE) and LADEEN ASTLE (also known as MARY LADEEN ASTLE) of Afton, Wyoming, created the KEN AND LADEEN ASTLE LIVING TRUST dated June 17, 1998, and any amendments thereto; and KENNETH ASTLE and LADEEN ASTLE were named in said trust as the initial Trustees. That KENNETH ASTLE died on December 19, 2003. See attached Certified Death Certificate. That the following powers are conferred upon the successor Trustee: See attached Article Seventeen from said trust regarding Trustee's Administrative and Investment Powers. That there is real property owned by this Trust situated in the County of Lincoln, State of Wyoming, and the description of said property is set forth as follows: Commencing at a point which is 187 rods East from the Southwest corner of Section Twenty-five (25), in Township Thirty-two (32) North, Range 119 west of the 6~h P.M., Wyoming and running thence North 40 rods; thence East 80 rods; thence South 304 feet; thence West 344 feet; thence South 116 feet; thence West 390 feet; therice South 240 feet; thence West 586 feet, to the place of beginning, containing approximately Fifteen (15) acres of land, ALSO; Commencing at a point which is 184 rods East and 40 rods North from the Southwest corner of Section Twenty-five (25), in Township Thirty-two (32) North, Range 119 West of the 6th P.M., Wyoming, and running thence East 80 rods; thence North 2 rods; thence West 80 rods; thence South 2 rods to the place of beginning, containing approximately One (1) acre of land; ALSO; Beginning at a point which is 27 rods East and 40 rods Nodh of the Southwest corner of the SW ¼ SE ¼ of Section 25, Township 32 North, Range 119 West, 6th P.M., Page 1 of 3 Wyoming, and running thence East 4 rods, thence North 2 rods, thence West.4 rods, thence South 2 rods, to the point of beginning. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACTS OF LAND: Beginning at a point which is N89°35'E, 445.5 feet and N0°25'W a distance of 30 feet from the Southwest corner of the SW ¼ SE ¼ of Section 25, Township 32 Nodh, Range 119 Wed, 6th P.M., Wyo.ming, and running N0°25'W, a distance of 620 feet, thence continuing N0°25'W, 33 feet, thence N89°35'E, a distance of 130 feet, thence S3°17'W a distance of 654.3 feet more or less in a point which is S89"35'W, 90 feet from the point of beginning, thence S89°35'W, a distance of 90 feet to the point of beginning. RESERVING unto the Grantor the surface use for a term of ten years from and after October 27, 1988, said date being the date on which that certain quitclaim deed recorded at Book 266 P.R., page 674, as document no. 695050, on October 31, 1988, in the office of the Lincoln County, Wyoming clerk, was executed. Grantor covenants not to construct any buildings or fences thereon and shal restrict all vegetation and foliage to be within six feet of the land surface which shall be removed at the end of said ten-year period. SUBJECT to that certain Right-of-Way easement to the West Afton Sprinkler Company, recorded October 28, 1976, Book 131 P.R., Page 273, record of Lincoln County, Wyoming. AND ALSO EXCEPTING THEREFROM, the following tract: Beginning at a point which is 4,061.5 feet East and 240 feet North of the Southwest corner of Section 25, in Township 32 North, Range 119 West, 6th P.M., Wyoming, and running North 131 feet, thence West 125 feet, thence South 131 feet, thence East 125 feet to the point of beginning. See also, attached hereto, description prepared by Marlowe A. Scherbel entitled "Description for Afton-Lincoln County Airport Joint Powers Board of Parcel 23 - Airport Expansion" dated January 23, 2003. Prior recorded document: Warranty Deed, Doc. No. 0854523, Book 420, pages 647- 648 of Lincoln County records. DATED this That said instrument provides for the appointment of LADEEN ASTLE as successor Trustee of the trust, said successor Trustee hereby files this certificate and accepts the trusteeship of said trust. day of ~ ,2004. Page 2 of 3 STATE OF WYOMING ) ) ss COUNTY OF LINCOLN ) On this 47~ ~ day of ~-,~....4.-~ , 2004, before me, a notary public, personally appeared LADEEN ASTLg, personally known to me (or proved to me on the basis of satisfactory evidence), to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or entity upon behalf of which Person acted, executed the instrument. NOTARY PUBLIC Page 3 of 3 ': WELF ;ERTIFI~ ,AT,E OF DEATH .... : :~Y~R 4~.UNDERIDAy :. ATE~F~IRTH(Mo~~.BiRTHP~CE{Oi~a~Slate, Tenit~ ~E~ei~pC~n~) ,, tlRe~ ~A'flo Y' 825 Emm~ lTrh qf~ e - DATE O~ NJU~Y ~Oa~ ;:' 33 ~ UEOF N JURY 34 P~CE OF N~RY Oeced n Article Seventeen Our Trustee's Administrative and Investment Powers 663 Section 1. Introduction to Trustee's Powers Except. as otherwise provided in this agreement, our Trustee shall have both the administrative and illvestlllellt powers eilulllerated ullder this Article and any other powers granted by law with respect to the various t~'usts created by this agreement. Section 2. Powers to Be Exercised in the Best Interests of the Beneficiaries& Our Trustee shall exercise the following administrative and investment powers without the order of any court, as our Trustee determines .ia its sole and absolute discretion to be iii the best interests of the beneficiaries. Notwithstanding anytliing to the contraiy hi this agreement, our Trustee shall not exercise any power iii a manner inconsistent with the beneficiaries' right to the beneficial enjoyment of the trust property iii accordance with the general principles of the law of trusts. Section 3. Administrative and Investment Powers Our Trustee is hereby granted the following administrative and investment powers: a. Agricultural Powers Our Trustee may retain, sell, acquu'e, and continue any farm or ranching operation whether as a sole proprietorship, partnership, or corporation. 17-1 It may engage in the production, harvesting, and marketing of both farm and ranch producls either by operating directly or with management agencies, hired labor, tenants, or sharecroppers. It may engage and participate iii any government farm program, wliether state or federally sponsored. It may purchase or rent machineiy, equipment, livestock, poultly, ;feed, and seed. It may improve and repair all farm and ranch properties; construct buildings, fences, and drainage facilities; acquire, retaia, improve~ and dispose of wells, water rights, ditch rights, and priorities of any llature. - Our Trustee may~ in general, do all things customaly or desirable to operate a fal'm or ranch operation for the benefit of the beneficia- ries of the various trusts created ullder this agreelllellt2 b. Business Powers Our Trustee may retain and continue arty business iii which one or both of tis have or had all interest as a shareholder, pal'tner~ sole proprietor, or as a participant in a joint venture, even though that interest may constitute all or a substantial portion ot! the trust property. It may directly participate in the conduct of any such business or employ others to do so on behalf of the beneficiaries. It may execute partnership agreements, buy-sell agreemenls, and any aillelldtllelltS to their1. It may participate in the incorporation of any trust property; any corporate reorganization, nlerger, consolidation, recapitalization, liquidation, dissolution; or any stock redemption or cross purchase buy-sell agreement. It may hold the stock of any corporation as trust property, and may elect or employ directors, of[icersl employees, and agents and compensate tlieln for their services. 17-2 -~t may sell or liquidate any business interest that is part c,f the trust property, It may carly out the provisions of any agreement entered into by one or both of us for the sale of any business interest or the stock thereof. Our Trustee may exercise all of the business pdxvers granted in this agreement regardless of whether our Tn,stee is personally interested or an involved party with respect to any business enterprise forming a part of the trust property. c. Environmental Powers Our Trustee shall have the power to inspect any trust property to determine compliance w/th any environmental law affecting such property or to respond to any environmental law affectiug property held by our Trustee. "]~nvironmental Lan," shall mean any federal, state, or local law, nde, regulation, or ordinance relating to protec- tion of the enviromnent or of hunmn health. Our Trustee shall have the power to refuse to accept property if our Trustee determines that there is a substantial risk that such property is contaminated by any hazardous Substance or has previously, or is currently, being used for any activities directly or indirectly involving hazardous substances which could result iii liability to the trust assets. "Hazardous substance" shall mean any substance defined as hazardous or toxic by any federal, state, or local law, rule, regulation, or ordinance. · Our Trustee shall have the power to take any necessaiy action to prevent, abate, clean up. or otherwise respond to any actual or threatened violation of any enviromnental law affecting h'ust property prior to or after the initiation or enforcen~ent of any action by any governmental body. Our Trustee may disclaim or release any power granted to it or implied by any document, statute, or rule of law which thc Trustee determines may cause the Trustee to incur liability under any environmental law. 17 -3 ~ . Our Trustee may charge the cost of ally inspection, revie, w, preven- tion, abatement, response, cleanup, or remedial action authorized under this power against the trust property. Our Trus[ee shall not be liable to any beneficiary or to any other party for any decrease in value of the trust property by reason of our Trustee's compliance with any enviromnental law, specifically including any reporting requirement under such law. d. Common Fund Powers For the purpose of convenience with regard to the administration and investment of the trust property, our Trustee may hold the several trusts created Ullder this agreelllellt as a common fund. Our Trustee may make joint investments with respect to fl~e funds .comprish~g tile trust property. Our Trustee may enter into any transaction authorized by this Article with fiduciaries of other trusts or estates in which ally beneficimy herelillder has all interest, evell though such fiduciaries are also Trustees under this agreement. e. Compensation Powers Our Trustee shall pay from income or pmmipal all of the reasonable expenses attributable to the administration of tile respective trusts created in this agreenlent. Ot, r Trustee shall pay itself reasonable con~pensation for its smMces as fiduciary as provided in this agreement, and shall reasonably compensate those persons employed by our Tn,stee, iucluding agents, auditors,, accountants, and attorneys. f. Distribution Powers Our Trustee is specifically authorized to make divisKms and distributions of the trust property either in cash or in kind, or.partly in cash and partly in kind, or in any proportion it deems advisable. 17-4 .:.:,:.:.?, I! shal| be under no obligation or responsibility to make pro ra£a di~/sions and distributions h] kind. Our Trustee may allocate specific property to any beneficiaxy or share a/though the property may differ in k/nd fi'om thc property allocated to any other beneficiary or share. The foregoing powers may be exercised regardless of the inconm tax basis of any of the property. g. Funeral and Bur/al Expenses Our Trustee may in its sole discretion pay the funeral and burial expenses, expenses of the last illness, and valid claims and expenses of an income beneficialy of any trust created under this agreement. Funeral and burial expenses shall include, but not be lhnited to, the cost of memorials of all types and memorial services of such k/nd as our Trustee shall approve. Valid claims and expenses shall include, but not be limited to, all state and federal death taxes. The payments shall be paid from the assets of the trust or trusts fi'om which the beneficiaxy was receiving hlconle. h. Income and Principal Powers Our Trustee may.determine in a fair, equitable, and practical mamxer how all T ' rustee s fees, disbursements, receipts, and wasting assets shall be' credited, 'charged, ox' apportioned between principal and income. Our Trustee may set aside fi-om trust income reasonable reserves roi' taxes, assessments, insurance premiums, repairs, depreciation, obsolescence, depletion, and roi' the equalization of paymems to ox' roi' the beneficiaries; it may select any and all accounting periods With regard to the trust property. 17-5 Investtnent Powers in General Our Trustee may invest and reinvest in such classes of stocks, bonds, securities, comnlodities, options, metals, or other property, real or personal, as it shall determine. It may invest m investment trusts as well as ill common trust funds. It may purchase life, annuity, accident, sickness, and medical insurance on the behalf of and roi' the benefit of any trust beneficia- l-y. j. Life Insurance Powers Our Trustee shall have the powers with regard to life insurance as set forth in this Paragraph j, except as otherwise provided in this agreenlellt. Our Trustee may purchase, accept, hold, and deal with as owner policies of illsurallce Oll Otll' individual or joint lives, tile life of any trust beneficialy, or on tile life of ally persoll iii whom any trust beneficialy has an insurable interest. Our Trustee shall have tile power to execute or cancel any automatic premiunl loan agreelnent with respect to any policy, and shall have tile power to elect or cancel all), automatic prenlium loan provision ill a life illsurallce policy. Our Trustee may borrow money with which to pay prenliums due oil ally policy either from tile conlpally issuillg tile policy or ;[rOlll any other source and may assign any such policy as security for the loan. Our Trustee shall have tile power to exercise ally option contained in a policy with regard to any dividend or share of surplus appor- tioned to the policy, to reduce the amount of a policy or convert or exchange the policy, or to surrender a policy at ally time for its cash v alu e. Our Trustee may elect any paid-uP insurance or ally extended-term insurance nonforfeiture option contained in a policy. 17-6 --"-' .' i ' ::" .:-: ':" : :"7:"::'v.· ":" Our Trustee shall have the prover to sell policies at their 'l!air market vahte to the insured or to anyone having an insurable intel'est iii the policies. 669 Our Trustee shall have the right to exercise any other right, option, or benefit contained in a policy or permitted by the insurance company issuing that policy. Upon termination of any trust created under this agreement, our Trustee shall have the power to transfer and assign the policies held by the tl'ust aS a distribution of trust property. k. Loan, Borrowing, and Encumbrance Powers Our TrUstee may loan money to any person, including a beneficiaiy, with or without interest, oil any term or on demand, with or without collateral, as it deems iii the best interests Of the trust beneficiaries. It may borrow money upon such terms and conditions aS it shall deem advisable, including, iii the case of a corporate fiducialy, the power to borrow frolll its own banking or cOnunercial department. It shall have the powei' to obligate tile trust property for the repayment of any sums borrowed Where the best interests of the beneficiaries have been taken into consideration. Our Trustee shall have the power to eimumber the trust property, in whole or in part, by a mortgage or mortgages, deeds of trust, or by pledge, hypothecation or Othelwise, .even though such ellcu, nlbl'ance may COlltilltle to be effective a£ter the term of any trust or trusts created iii this agreenmnt. '1. Margin, Brokerage~ and Bank Account Powers Our Trustee is authorized to buy, sell, and trade in securities of any nature, including short sales and on margin. Our Trustee may main- rain and operate margin accounts with brokers, and may pledge any securities lield or purchased by our Trustee with such brokers as securities for loans and adyances made to our Trustee. Our Trustee is authorized to establish and maintain bank accounts of all l~ypes in one or more banking institutions that our Trustee may choose. 17-7 m. Mortgage Powers . 670 Our Trustee shall have tile prover to enter into all); mortgage whether as a mortgagee or mortgagor, to purchase mortgages oil the open market, and to othm~vise buy, sell, or trade in first or subordi- nate mortgages. It may reduce the interest rate on any mortgage and consent to the modification or release of any guaranty of any mortgage. Our Trustee may continue mortgages upon and after maturity with or without renewal or extension, and may foreclose any mortgage. It may purchase the mortgaged property or acquire it by deed fi'mn tile mortgagor without foreclosure. n. Nominee Powers Our Trustee may hold any trust property in the name of our Trustee, or in tile name of a nominee, and may e.uter into agreements to facilitate holding such property. It may accomplish such with or without disclosing its fiduciary capacity. o. Nonproductive Property Our Trustee may hold property which is non-income producing or is other~vise nonproductive if tile holding of such property is, in the sole and absolute discretion of otlr Trustee, in the best interesls of the beneficiaries. p. Off, G-as, CoaX, and Ofimr Mineral Powers Our Trustee may do all things necessaly to maintain in fldl force and effect ally oil., gas, coal, or other mineral interests comprising part or all of the trust property. It may purchase additional oil, gas, coal, and other mineral :interests when necessaiy or desh'able to effect a reasonable plan of operation or development with regard to tile trust property. 17-8 It may bt,), or sell undivided interests iii oil, gas, coal, and other mineral interests, and may exchange any of such interests roi' interests iii other properties or for sel¥ices. It re'ay execute oil, gas, coal, and other mineral leases on such terms as our Trustee may deem proper, and may enter into pooling, unitization, repressurization, and other types of agreements relating to the development, operation, and conservation of mineral proper- ties. Amy lease or other agreement may have a duration that our Trustee deems reasonable, even though extendiiig beyond the duration o£ any trust created iii this agree]nent. It ]nay execute division orders, transfer orders, releases, assignments, farinouts, and any other illStruments which it deelns proper. It may drill, test, explore, mine, develop, and otherwise exploit any and all oil, gas, coal, and other mineral interests, and may select, employ, utilize, or participate in any business, form, including partnerships, joint ventures, co-owners' groups, syndicates, and corporations, for the purpose of acquiring, holding, e.xploiting, developing, operating, or disposing of oil, gas, coal, and other mineral interests. It may employ the services of consultants or outside specialists iii CO]lllection with the evaluation, lnanagenlent, acquisition, disposition, or development of any mineral interest, and may pay the cost of such services frOlll tile principal or inconle of the trust property. Our Trustee may use tile general assets of tile trusts treat.ed under this ag. reenlent' roi' the purposes of acquiring, holding, managing, developing; pooling, unitizing, repressuring, or disposing of any mineral interest. q. Powers of Attorney Our Trustee may execute, deliver, and grant to any individual or corporatioil a revocable or irrevocable power of attorney to transact any and all business on behalf of the various trusts created in this agreelilellt. 17-9 . .'?:-;:i:.. - .. - . ! The power of attorney may grant'to"the attorney-in-fact all of the rights, powers, and discretion that our Trustee could have exercised. r. Powers to Merge Similar Trusts Our Trustee may merge and consolidate any trust created iii this agreement with any other trust created by both or either of us, or any other person at any other time, if the other trust contains substantially the same terms for the same beneficiaries, and has at least one Trustee in common with the trust or trusts creal, ed in this · ag l'e enleli t. Our Trustee may administer such merged and consolidated trusts as a single trust or unit. If, however, such a merger or consolidation does not appear feasible, as deteimined iii the s'ole and absolute discretion of our Trustee, the Trustee may consolidate the assets of such trusts for purposes of investment and trust administration while retaining separate records and accounts for the respectiw~ trusts. s. Powers of an Interested Trustee An interested Trustee is any Trustee who has an interest as a beneficialy in this trust agreement or any trust created by it. In all instances where an interested Trustee distributes, or participates iii the distribution, of trust income or principal to or for the benefit of such Trustee, then the distribution shall be limited by the ascertain- able standards of education, health, maintenance, and support. Notwithstanding anything in this agreement to the contrmy, iii making such distributions, the interested Trustee shall not Use discretion iii applying those ascertainable standards. N'o individual Trustee shall exercise or participate iii the exercise of such discretionaiy power with respect to distributions to any person or persons such Trustee is legally obligated to support, as to that support obligation. 17-10 "i;!', ;'::' ' ''~' ;;::":~ :;'.::" '.'.i' .' :::," !':,;;;, ~,~ :, :::i!:.:5 ';::':'!ii:." ',','.;:';:;:,.; . ' :' :7: : ,-4;i."/>- '- ' ' ' ' : '. ,. · ':: ·. 7 '.-;'i::-:'. t. Powers of ali hlsured Trustee /Mi5, indMdual Trustee under this agreement, other than either of us, is prohibited from exercising ally power conferred on tile owner of any policy which insures tile life of such individual Trustee and which is held as part of tile trust property. If our Trustee holds any such policy or policies as a part of the trust property, tile powel:s conferred oll the owner of such a policy shall be exercised only by the other then acting Trustee. If tile insured Trustee is the only then acting Trustee, then such powers shall be exercised by a substitute Trustee designated pursuant to the provisions of this agreement dealing with the trusteeship. If ally rule of law or court decision construes the ability of the insured Trustee to name a substitute Trustee as ail incident of ownership, tile substitution process shall be implemented by a nlajority o[ the then currellt lnalldatory and discretionaL-y incolne beneficiaries, excluding tile insured Trustee if tile insured l'rustee is · a beneficiary. u. Real Estate Powers Our Trustee may purchase, sell, transfer, exchange or othelwise acquire or dispose of any real estate. Our TrUstee may make leases and graut optiOns to lease roi' any ternl, even though the ternl nlay extend beyond the ternlillation of any trust created under this agl'eement.' It may grant or release easements and other interests with respect to real estate, enter into Party wall agreements, execute estoppel certificates, and develop and subdivide any real estate. It may dedicate parks, streets, and alleys or vacate any street-or alley, and lnay construct, repair, alter, renlodel, demolish, or abandon iulprovements. It may elect to insure, as it deems advisable, all actions Contemplated by this subsection. 17-11 Our Trustee may take any other action reasonably necessaiy for the preservation of real estate and fixtures comprising a part of the trust property or the income therefi-om. v. S Corporation Stock If any stock of ali S corporation becomes distributable to a trust cl'eated under this agreement, and such trust is not a qualified Subchapter S trust, our Trustee may implement any of thc following alternatives with respect to the S corporation stock: 1. A Sole Beneficialy Where the original trust is for a sole beneficiary, our Trustee may create roi' that beneficiary a separate trust that qualifies as a Subchapter S trust, and then distribute such stock to the newly created trust. 2. Multiple Beneficiaries Where tile original trust is for multiple beneficiaries, our Trustee ~nay divide the trust into separate trusts roi' each of the beneficiaries. Each newly created trust shall ;bold that beneficialy's pro rata share of tile S corporation stock, and shall qualify as a Subchapter S trust. 3. Outright Distribution If circumstances prevent our Trustee fi'om accomplislting the first two alternatives under this paragraph, our Trustee may, in its sole and absoiute discretion, distribute such stock to the beneficiaries as if the trust had terminated, while continuing to hold any other non-S corporation property in trust. ' Each newly created S corporation trust shall have maadatoiy distributions of i~lCOlne and shall not provide for powers of appoint- merit that can be exercised by the beneficialy during the beneficiaiy's lifetin!e. Irt all other respects, the newly created trusts 17-12 sh'all be as consistent as possible with the original trusts and still qualify as Subchapter S trusts. Our Truslee may take all), act/on necessazy with regard to S corporations, including making any elections required to qualify stock as 5; corporation stock, and may sign all required 'tax returns and forms, w. Sale, Lease, and Other Dispositive Powers Om' Trustee may sell, lease, transfer, exchange, grant options with respec! to, or otherwise dispose of the trust property. It may deal with tile trust property at such time or times, 17or such purposes, for suc]~ considerations and upon such terms, credits, and conditions, and for such periods of ti,~e, wliether ending before or after the term of any trust created under this agreement, as it deems advisable. ' Our Trustee may nlake such contracts, deeds, leases, and any other instruments it deems proper under the mmmdiate circumstances, and may deal with tile trust property in all olher ways in which a natural person could deal with his or her propel'ry. x. Securities Powers In addition to those other securities powers granted througttout this Article, o,r Trustee may retain, exercise, or sell rights of conversiou or subscription with respect to any sect,rities held as part o1_' the trust property. Our Trustee may vote or refrain from voting at corporate meetings 'either in person or by proxy, whether general or limited, and with or withot, t substitutions. y. Settlement Powers Our Trustee may compromise, adjust, arbitrate, alter the terms of. or abandon any claim in favor of or against any tr'ust created under this agreement, and may take deeds in lieu of foreclosure. 17-13 Prolessional Land Sun'eyo~'s Paul' N. Schelbel Wyo. Regisllallon No. 164 Ulah Regisl~aSon No. t670 Idaho Roglslfallon No. 3ggo Nevada Regislrallon No. 6805 Scoll A. Schefbel Wyo. Regislralion No. 3889 Idaho Regislrallon No. 8026 Ulah Regislralion No. 372115 MARLOWE A. SCHERBEL Wyo. Regislrallon No. 5368 Surve¥ol $cherbel, LID. Allan, Wyoming Big Pinay, Wyoming Jackson. Wyoming ' Lava Hal Springs. idaho Monlpelief. Idaho DESCRIPTION FOR AFTON_LINCOLN COUNTY AIRPORT · JOINT POWERS BOARD OF PARCEL 23 - AIRI'O. RT EXPANSION .To-wit:-: That part of the SW¼SE¼ of Section 25. T32N, Rl lgW, Lincoln County, Wyoming, being pm't of that tract of record in the Offic~ of the clerk of Linc, ohl County in Book 420 of Photostatic Records on page. 647, described as follows: BEGINNING at the southeast coiner of the SW¼SW¼SE¼; Thence S89°13'21"W, 215.69 feet, aloug the south line of said Sw¼sW¼sE¼, to the southeast spike of that tract of record in said Office in Book 224 of Photostatic Records on page 785; Thence N00°55'20"W, 30.00 feet, along the east line of said tract to the southwest point of that tract of record in said Office in Book 238 of Photostatic Records on page 239; Thence N89°13'21"E, 90.00 feet, al°ng the south line of said tract, to the southeast point of said h'act; Thence N02 .... ~ · 41 43 E, 629.62 feet, along the east line of said tract, to the northeast point of said tract; ThenceN89°4 , ,,~ 6 03 E, 187.56 feet, to a point; Thence S07°52'28"W, 664.23 feet, to the CORNER OF BEGINNING; ENCOMPASSING an area of 2.44 acres, more or less; The BASE BEARiNG for this survey and description being the south line of Section 36, T32N, RI 19W = N89°14'54"E; Each "comer" marked as described ii] a Corner Record on file or to be filed ii] the Office of the Clerk of Lincoln County; each "spike" ]narked by a 3/8" x 12" Steel spike referenced by a 5/8" X 24" steel reinforcing rod with 2" alulninum cap inscribed, "SURVEYOR SCHEP<BE.L LTD AFTON WY PLS 5368", with approl~riate details; Each "point" marked by a 5/8" x 24" 'steel reinforcing rod with a .2" almnmum cap inscribed: "S URVEYOR S CHERBEL LTD AFTON WY PLS 5368" and appropriate details·; All in accordance with the plat prepared t° be filed ii] said Office titled: "PLAT OF BOUNDARy ADJUSTMENT FOR THE AFTON/L1NCOLN COUNTY AI/LPORT JOINT POWERS BOARD OF THE AIRPORT EXPANSION WITH1N SECTION 1 T31N R119W SECTIONS 25 AND 36 T32N R119W LiNCOLN COUNTY, WYOMiNG", dated 31 October 2002, as revised. ' - "Moditication in any way of the foregoing descriplion terminates liabili.ly of the surveyor"