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Home My WebLink About898645 5 5'2 REOEIVED LINCOLN gOUNTY EASEMENT FOR INGRESS AND EGRESS 898{~,.~,~ AND ALL UTILI,?CI~R 2,0 A~ill, I';' Maxine Heiner, as Trustee of the Glenn W Heiner Family Revocable Trust dated January 15, 1992, of Thayne, Lincoln County, Wyoming, and Darrell W. Benshoof and Norma Jean Benshoof, husband and wife, of Thayne, Lincoln County, Wyoming, 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 Allison M. Heiner, Trustee of the Allison M. Heiner Living Trust dated September 9, 1999, of 797 East Corner Ridge Drive, Draper, UT 84020-9081, and Maxine Heiner, as Trustee of the Glenn W. Heiner Family Revocable Trust dated January 15, 1992, of 1277 Lost Creek Road, Thayne, WY 83127, grantees, the following described perpetual right-of-way easement for the following purposes: 1. Purpose of Easement. This easement is for the purpose of providing a perpetual, nonexclusive 60-foot wide, more or less, right-of-way easement for ingress and egress and all utilities from the terminal point of that certain easement of even date granted to grantees by Terence L. Moore ("the Moore easement") to the property described in paragraph 3 including the right to construct and maintain a roadway to provide that ingress and egress and for all underground utilities. 2. Conditions of this Easement. The conditions of this easement are: Grantees. It is a common easement for the mutual benefit of Grantors and b. The easement may not be fenced by any of the Grantees without the prior written consent of the Grantors except that a Grantee may fence the boundaries of his/her lands or fence to control livestock so long as provision is made for the continued use of this easement for the purposes stated herein. c. Improvements made to or on the easement shall be at the sole expense of the pady desiring that such improvements be made unless otherwise agreed in writing. d. Maintenance of the' easement of any road constructed on the easement shall be the shared expense of the parties in residence, or upon parties 0898640 .... /q:a7 having built residences on the lands described below and requiring regular access over this easement. 3 Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: Maxine Heiner Real Property A portion of the Glenn W. Heiner Trust property, as referred to in the Affidavit recorded in Book 463PR, on Page 762, within the SE1/4SE1/4 of Section 7 and the Sl/2SW1/4 of Section 8, T34N, R118W, of the 6th. P.M. Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNINING at the,B.L.M, type Monument marking the Northwest Corner of the Sl/2SEl/4 of said Section 8; thence S1°18'46"W, along the West line of said Sl/2SEl/4, 486.46 to the Iron Pipe marking the Northeast corner of the Allison Heiner Trust properly, as referred to in the Deed recorded in Book 436PR, on Page 196, with said Office; thence N89°39'34"W, along the North line of said Allison Heiner Trust property, parallel with the South line of said Sl/2SEl/4, 261.37 feet to the Iron Pipe marking the Northwest corner of said Allison Heiner Trust property; thence S1°18'46"W, along the West line of said Allison Heiner Trust property and the West line of the Speth property, as referred to in the Deed recorded in Book 504PR, on Page 103, with said Office, parallel with said West line of said Sl/2SEl/4, 631.27 feet to the Iron Pipe marking the Northeast corner of the Benshoof property, as referred to in the Deed recorded in Book 463PR, on Page 377, with said Office; thence N89°39'34"W, along the North line of said Benshoof property, parallel with said South line of said Sl/2SWl/4, 417.47 feet to the Iron Pipe marking the Northwest corner of said Benshoof property; thence S1°18'46"W, along the West line of said Benshoof properly, parallel with said West line SI/2SEl/4, 208.73 feet to the Cotton Gin Spike marking a point in the North line of the N1/2NW1/4 of Section 17; thence N89°39'34"W, along said North line, 404.46 feet to the Cotton Gin Spike marking the Southeast corner of the Stacey Glenn Heiner and Tammy Clark Heiner property, as referred to in the Deed recorded in Book 348PR, on Page 616, with said Office; thence NI°00'00"E, along the East line of last said Heiner property, parallel with the East line of the SW1/4SW1/4 of said Section 8, 208.71 feet to the Iron Pipe marking the Northeast corner of last said Heiner property; thence N89°39'34"W, along the North line of last said Heiner property, the North line of the Stacey Glenn Heiner and Tammy Clark Heiner property, as referred to in the Deed recorded in Book 441PR, on Page 397, with said Office 834.89 feet to the Iron 08, SG45 Pipe marking the Northwest corner of last said Heiner property; thence NI°00'00"E, parallel with said East line, 208.71 feet; thence N89°39'34"W, parallel with said North ine, 668.15 feet to a point in the East line of said SE1/4SE1/4; thence N0°41'I4"E, along said East line, 35.00 feet; thence S89°56'16"W, parallel with the South line of said SE1/4SE1/4 1,155.45 feet to a point in the East line of the Lara property, as referred to in the Deed recorded n Book 468PR, on Page 244, with said Office; thence N0°41'39"E along last said East line, parallel with the East line of the SW1/4SE1/4, 75.60 feet to the Iron Pipe marking the Northeast corner of said Lara property; thence S89°56'16"W, along the North line of said Lara property, parallel with said South line, 165.00 feet to the Iron Pipe marking a point in the East line of said SW1/4SE1/4; thence N0°41'39"E, along said East line, 798.28 feet to the B.L.M. type Monument marking the Southwest Corner of the NEI/4SEI/4 of said Section 7; thence N89°54'42"E, along the South line of said NEI/4SEI/4, 1,320.34 feet to the B.L.M. type marking the Marlowe A. Scherbel RLS 5368 2002 location for the Southwest Corner of the N1/4SW1/4 of said Section 8; thence S89°38'48"E, along the South line of Said N1/2SW1/4, 2,598.54 feet, to the Point of Beginning, containing 87.693 Acres of land. Allison M Heiner Real Property Beginning at a point 500 feet North from the Southeast Corner of the SE1/4SWI/4 of Section 8 T34N, R118W, 6th P.M., Wyoming, said point also being the Northeast corner of that tract of record as an exception in that certain Warranty Deed recorded by the Lincoln County Clerk on July 21, 1988, in Book 263 PR, page 616, and running thence North along the East boundary line of said SE1/4SW1/4 340 feet; thence West parallel o the North boundary line of said tract, 261.36 feet; thence South parallel to the East boundary line of said SW1/4SW1/4 340 feet, more or tess to the Northwest corner of said tract; thence East along the North boundary line of said tract 261.36 feet, more or less, to the point of beginning, consisting of 2.0 acres, more or less. 4. Description of Easement. The easement is described as follows: A portion of the Maxine Heiner property, as referred to in the Deed recorded in Book 463PR, on Page 762, the Benshoof property, as referred to in the Deed recorded in Book 463PR, on Page 377, the Allison Heiner property as referred to in the Deed recorded in Book 436PR, on Page 196, and the Easements as referred to in the Roadway Access and Utility Easement recorded in Book 504PR, on Page 101, and Book 504PR, on Page 102 with the Office of the Clerk of Lincoln County, Wyoming, within the SE1/4SW1/4 of Section 8, T34N, R118W, of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at a point in the Nodh Right-of-Way Line of Lost Creek County Road No. 12-120, said point being 231.37 feet N89°39'34"W, along the South Line of said SE1/4SW1/4, and 30.00 feet N1°18'46"E, parallel with the East Line of the SE1/4SW1/4 from the B.L.M. type monument marking the Baker Engineers PE/LS 698, 1978 location for the Southeast Corner of said SE1/4SW1/4 to the Point of Beginning; thence N89°39'34"W, along said North Right-of-Way 89.50 feet to the beginning of a 30.00 feet Radius Curve to the Left; thence Northeasterly, along said Curve to the Left having a central angle of 89°01'40", an arc length of 46.61 feet, and a chord of N45°49'36"E, 42.06 feet; thence N1°18'46"E, parallel with said East Line, 129.44 feet to the beginning of a 30.00 feet Radius Curve to the Left; thence Northwesterly, along said Curve to the Left having a central angle of 48°11'23", an arc length of 25.23 feet, and a chord of N22°46'56"W 24.49 feet to the beginning of a 60.00 feet Radius Curve to the Right; thence Northwesterly, along said Curve to the Right having a central angle of 48°11 '29", an arc length of 50.47 feet, and a chord of N22°47'12"W 48.99 feet; thence N1°18'46"E, parallel with said East Line 100.41 feet to the beginning of a 30.00 feet Radius Curve to the Left; thence Northwesterly, along said Curve to the Left having, a central angle of 90°58'20'', an arc length of 47.63 feet, and a chord of N44°10'24"W 42.78 feet; thence N89°39'34"W, parallel with said South Line, 500.52 feet; thence N1°18'46"E, parallel with said East Line, 30.00 feet; thence S89°39'34"E, parallel with said South Line, 60.00 feet; thence N1°18'46"E parallel with said East Line 30.00 feet; thence S89°39'34"E, parallel with said South Line, 441.55 feet to the beginning of a 30.00 feet Radius Curve to the Left; thence NortheasterlY, along said Curve to the Left having a central angle of 89°01'40'', an arc length of 46.61 feet, and a chord of N45°49'36"E 42.06 feet; thence N1°18'46"E parallel with said East Line 24.07 feet to the beginning of a 90.00 feet Radius Curve to the Right; thence North-easterly, along said Curve to the Right having a central angle of 41°24'35'', art'-arc length of 65.05 feet, and a chord of N22°01'03"E 63.64 feet to the beginning of a 30.00 feet Radius Curve to the Left; thence Northeasterly, along said Curve to the Left having a central angle of 41 °24'35", an arc length of 21.68 feet, and a chord of N22°01'03"E 21.21 feet; thence N1°18'46"E, parallel with said East Line, 260.12 feet; thence S89°39'34"E, parallel with said South Line, 60.01 feet; thence S1°18'46"W, parallel with said East Line, 261.14 feet to the beginning of a 90.00 feet Radius Curve to the Right; thence Southwesterly, along said Curve to the Right having a central angle of 41°24'35" an arc length of 65.05 feet, and a chord of S22°01'03"W 63.64 feet to the 4 '" beginning of a 30.00 feet Radius Curve to the Left; thence Southwesterly, along said Curve to the Left having a central 41°24'35", an arc length of 21.68 feet, and a chord of S22°01'03"W 21.21; thence S1°18'46"W, parallel with said East Line, 244.49 feet; thence S88°41'14"E, perpendicular to said East Line, 30.00 feet; thence S1°18'46"W, parallel with said East line 225.00 feet to the beginning. angle of point of 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 --~-* ay of ~7;Y~/C-,t- ¢/'~L.- ,2004. Maxine Heiner Darrell W. Benshoof Norma Jean Benshoof STATE OF WYOMING COUNTY OF LINCOLN SS. The foregoing Easement for Ingress and Egress and All Utilities was acknowledged before me by Maxine Heiner, Trustee of the Glenn W. Heiner Family Revocable Trust dated January 15, 1992, this /,~ day of _/~./~_~ , 2004. .I Witness my hand and official seal. l~OZ~l~y I~U'~LiC My commission expires: STATE OF WYOMING COUNTY OF LINCOLN SS, The foregoing Easement for Ingress and Egress and All Utilities was acknowledged before me by Darrell W. Benshoof and Norma Jean Benshoof, husband and wife, this ,..~ day of ,2004. Witness my hand and official seal. LUANN BRU~ County o~' Lincoln. MY Commis~pires Ma~~ My commission expires: NOTARY PUBLIC