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HomeMy WebLinkAbout900393EASEMENT ~!:i ,'" ~'-' , Ralph S. Heiner ar:'diGwen R. Heiner Trustees of the :Ralph :S-~He her Revocable Trust 'dated FebrUary 12, 1990, (~f 3221 Lincoln County Road. i~2':i::;3,'Bed¥~i~l'i WY 83112, grantors ~ fOr and in consideration o~' 'Fen Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is acknowledged, grants and conveys to Carl S. Heiner and Darlene F. Heiner, Trustees of the Carl S. I-~ei. ner Family Revocable Trust dated October 6, 1992, of 871 Lincoln County Road No. 123, Bedford,. ,.. WY 83112, 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 light-of-way easement for ingress and egress and all underground utilities to the property deshribed in paragraPh 3 from the Bedford-Turnerville Lincoln County Road No. 12-123, including the right to constrUct and maintain a roadway to provide that ingress and egress and for all undergr0;~nd utilities. 2. Conditions of this Easement. The conditions of this easement are: a. The easement may not be fenced by Grantees without the prior written consent of Grantors. b. Grantqrs have no duty to construct, operate, or maintain any roadway · or underground utilit!ies Constructed in the described easement. Grantees are responsible for the c~)st of construction of any road or utilities and the cost of the sUbsequent operati6r~: and maintenance of such improvements. 3 Property Benefited by Easement. This easement is for the benefit of the following described real property of the grantees in Lincoln County, Wyoming: (a) NEi/4NWI/z-,.NWI/4NEI/4, and commencing at a pOint 40 rods North of the SW Corner of the NEll4 of Section 9, thence Nodh 40 rods, thence East 80 rods, thence in a SouthwoSterly direction to the point of beginning, containing 10 acres of land; all of the afore'described lands being located in Section 9, T33N, R118W of the 6th P.M., Lincoln CCunty, Wyoming. (b) In T33N, RI.'i8W of the 6th P.M., Lincoln County, Wyoming: In Section 8:NW1;4NE1/4 and E1/2NE1/4. In Section 9: W1/2\IW1/4, SE1/4NW1/4, and N1/2SW1/4. being in all, a total o:~ 320 acres of land. 4. Descriptior, of Easement. The easement is described as follows: A portion of the pr)perty, as referred to in the Deeds recorded in Book 50PR, on Page 382, in Book. ,;292PR, on Page 328, and in Book 292, on Page 230 with the Office of the Clerk df Lincoln County, Wyoming, within the E1/2NE1/4 of Section 9, T33N, R118W, of ~.he 6th P.M., Lincoln County, Wyoming, being 25.00 feet on the Right and 35.00 feet-on the Left of the following described Center Line: BEGINNING at a COttOn Gin Spike marking a point in the Center Line of Bedford Turnerville County Road 12-123, said Point of Beginning, being 695.55 feet S2°42'39"W, not along the Section line, from the B.L.M .type .monument marking the Baker Engineers PE/LS 698, 1981 location for the Northeast Corner of said E1/2NE1/4; thence S48°59°32"W 135.89 feet to a Cotton Gin Spike; thence S59°49'41"W 95.45 feet to a Cotton Gin Spike; thence S47°03'20"W 489.85 feet to a Cotton Gin Spike marking the beginning of a 100.00 feet RadiUs Curve to the Left; thence Southwester?y, along said Curve to the Left having'a central angle of 39°03'02", an arc ler~gth of 68.16 feet, and a chord of S27°31'49"W 66.85 feet to a Cotton Gin Spike m, arking the beginning of a 68.97 feet Radius Curve to the Right; thence Southwesterly, along said Curve to the Right having a central angle of 59°04'50", an arc lerigth of 71.12 feet, and a chord of S37°32'43"W 68.01 feet to a Cotton Gin Spike; th,~nce S67°05'08"W 96.39 feet to a Cotton Gin Spike marking a point in the East - West Center line of said E1/2NE1/4; thence N89°02'06"W, along said Center line, 610.73 feet to the B.L.M. type Monument marking Lloyd B. Baker PE/LS 698, 2004 I}:cation for the Southeast Corner of the NE1/4NW1/4 of said Section 9, also being a point in an East line of the property, as referred to in the Deed recorded in BOok 321 PR, on Page 125, with said Office. 5. Binding Effnct. The terms and conditions of this easement shall be binding upon and inure to the benefit of t,~e heirs, successors in interest and assigns of the parties named in this instrument. 6. Waiver of H :~mestead Rights. The grantors hereby waive and release all rights to the.described easement u~ilder and by virtue of the homestead exemption laws of the State of Wyoming to the extent that s'uch rights may interfere with the purposes of this easement. 2004. IN WITNESS WHEREOF, we have hereunto set our hands as of the 21st day of June, Ralpl~ S. Heiner, Trustee Gwen R. Heiner, Trustee STATE OF WYOMING COUNTY OF LINCOLN SS. On this 21st day of June, 2004, before me personally appeared Ralph S. Heiner and Gwen R. Heiner to me personall'.i :known, who, being by me duly sworn and put upon their oath, did say that they are the trustee.,~ ;'of the Ralph S. Heiner Revocable Trust dated February 12, 1990, described in and which e::e'cuted the foregoing instrument; that said instrument was signed and sealed on behalf of said t-est; that said trustees had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust; and said trustees acknowledged said instrument to be the free act and deed of said trust. Given under my ha~:l'd and notarial seal the day and year first above written in this certificate. Cou,-.yof : stat,, ot , Lincoln ~' ,::Wyoming My Commission My commission exp'ir'es: May 2, 2007. NOTARY PUBLIC ~"