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HomeMy WebLinkAbout901955 REOEIVED EASEMENT _INOOI,_.N OOUNTY CLERK KNOW ALL PERSONS BY THESE PRESENTS, th '~" ' ,~' ' c "' at S I~R ~ALLI~y,CIIELSE CORPORATION~ a Wyoming Corporation, Grantor, of P.O. Box 436, Thayne, Wyoming 83127 (hereaaer, "SV Cheese"), for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby conveys and warrants to TOREN R. TRUE and CALLIE A. TRUE, husband and wife, tenants by the entireties, Grantees, of P.O. Box 660, Thayne, Wyoming 83127 (hereaticr "True"), and their heirs and assigns tbrever, an easement for ingress, egress, and underground utilities over certain land in Thayne, Wyoming, as set forth below. 1. EASEMENT AREA. The Easement Area is a portion of property owned by SV Cheese, said portion being that which is described as follows: See Exhibit A, entitled "DESCRIPTION FOR TOREN TRUE ACCESS EASEMENT", attached hereto and incorporated herein by reference. 2. EASEMENT PURPOSE. The purpose of the easement is to provide ingress, egress, and underground utilities from ltokanson Avenue across property owned by SV Cheese to property owned by True, said property owned by True being that which is described in Exhibit B, attached hereto and incorporated herein by reference. 3. EASEMENT NOT TO BE OBSTRUCTEI). Except for temporary obstructions required for the purposes of maintaining and improving the Easement Area, and installing and maintaining underground utilities therein, the Easement Area shall not be obstructed in any manner that would impede free ingress and egress fi'om }tokanson Avenue to the property owned by True. 4. IMPROVEMENTS AND MAINTENANCE. Any improvements made and maintenance perlbrmed within the Easement Area shall be at the sole expense of the person(s) making the improvements or completing the maintenance unless otherwise agreed to in writing. 5. EASEMENT SUBJECT TO EXISTING UTILITIES. The Easement Area is snbject to existing utility installations, and any modifications to existing utility installations in the Easement Area shall be at the sole expense of the person(s) making the modifications unless otherwise agreed to in writing. 6. EASEMENT TO RUN WITII THE LAND. The easement created herein shall run with the True Property, and shall be binding on and shall inure to the benefit of the parties to this Easement, and their respective heirs, successors or assigns. EASEMENT STAR VALLEY CIIEESE CORPORATION / TRUE PAGE I OF 3 ' 0796 7. ENTIRE AGREEMENT. This Easement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Easement shall not be binding except to the extent incorporated in this Easement. IN WITNESS WHEREOF, Grantor ~nd Grantee have caused this Easement to be executed on this/g~_ day of August, 2004. STAR VALLEY CIIEESE CORPORATION TOREN R. TRUE BY: BY: VICE PRESIDENT SECRL 1 ARY / TREASURER CALLIE A. TRUE STATE OF WYOMING ) )SS. COUNTY OF LINCOLN ) ACKNOWLEDGED before me this lo~ day o£Angust, 2004, by HUGOMTMESSANA, Vice President of Star Valley Cheese Corporation, acting f'or and on behalf of said Corporation pursuant to authority provided by said Coqgoration's Board of Directors. WITNESS my hand and official seal. expires: 0"//~/07 My Commission EASEMENT STAR VALLEY CHEESE CORPORATION / TRUE PAGE 2 OF 3 STATE OF WYOMING COUNTY OF LINCOLN ) ) ss. ) ACKNOWLEDGED before me this /o ~9/~_ day ot' August, 2004, by FtLANK DANA, Secretary / Treasurer of the Star Valley Cheese Corporation, acting for and on behalf of said Corporation pursuant to authority provided by said Corporation's Board of Directors. WITNESS my hand and official seal. M. KEV NI OV YL~S- NOTARY PUBLIC My Comnfission expires: o"1//~,/o7 STATE OF WYOMING ) )SS. COUNTY OF LINCOLN ) ACIGNOWLEDGED before me this j'2."~_ day of August, 2004 by TOREN R. TR[JI~i and CALLIE A. TRUE. WITNESS my hand and official seal. ~ County of ~ State of I J .. _Llnaoln ,~ Wyoming I /NOTAI,tJY PUBLIC EASEMENT STAR VALLEY CtlEESE CORPORATION/TRUE (: rolessional Land Surveyors aul N Scherbal /yo Re§istralion No. 164 lab Registfallon No. 1670 laho Registration No. 3990 evada Regislralion No. 6805 coil A. $cherbol lyo. Regist~-alion No. 3889 laho Registralion No. 8026 tab Regislration No. 3721 tl IARLOWE A. SCHERBEL lyo. Registralion No. 5368 urveyor Scherbel, LTD. rio,q, Wyoming ig Piney. Wyomiag tcksor~, Wyoming tva Hot Springs, Idaho :onlpeiier, Idaho DESCRIPTION FOR TOREN TRUE .0798 EXIIIBIT A ACCESS EASEMENT To-Wit: That part of the SW¼SE¼ of Section 23, T34N, RI19W, Lincoln County, Wyoming, within the Incorporated Limits of the Town of Thayne, Lincoln Cottnty, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln Cotmty in Book 337 of Photostatic Records on page 661, described as follows: BEGINNING at a point on the east line of said SW½SE¼ as said line is delineated by Paul N. Scherbel, Professional Land Sm'veyor No. 164, being identical with tile east limits ' I -' i~'1 . of said town, N00°-47'-01"W, 840.76 feet from tl~e southeast comer of said SWV~SI_.¼, thence continuing N00°-47'-01"W, 95.14 feet, along said east line, to a point; thence N35°-23'-10"W, 38.46 feet, to a point; thence N57°-01'-06"W, 35.52 feet, to a point on tile east right-of-way linc of tlokanson Avenue; thence S07°-43'-lY'E, 131.05 feet, along said east right-of-way line, to a point on lhe southern limits of said town; thence S65°-56'-48"E, 39.16 feet, along said southerri limits, to the POINT OF BEGINNING; ENCOMPASSING an area of0.11+ acre, more or less; the BASE BEARING for this survey is the north line of the SE~ of Sectiton123, T34N, Rl l9W, as said line is delineated by Paul N. Scherbel, Professional Land Surveyor No. 164, being N89° -54'-29"W; each "corner" found as described in the Corner Record filed or to be filed m the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" Steel rein£orcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AF'TON WY PLS 5638", with appropriate details; all iii accordance with the plat prepared to be filed in the Office of the Clerk of Lincoh~ County titled, "PLAT OF SURVEY FOR THE TOWN OF TttAYNE OF I IOI~\NSON AVENUE WITH~ THE INCORPORATED LIMITS OF THE TOWN OF TltAYNE IN TIlE W¢,SE~ SECTION 23 T34Nffi119W, LINCOLN COUNTY, WYOMING", dated 3 January 200~, as revised. 5~cember 2003 - Regised F5 Jannary 2003 "Modification in any way of the foregoing description terminates liability of the surveyor" :i JUL. 13. 200~ 4: 31PM LINCOLN CO CLERK WARRANTY GALE L, JOI~SON and ~OANN JOHNSON, husband and wife , county ~ot Lincoln CONVEY and WAR~NT lo 0799 TORF]~ TRI as tenant zra,,te~s ot Box 689, %hayne, WY 83127 for tho sam or Ten Dollars ($10.00) a~d o tl~o lollow{.g doserlbed tract of land [ri ] b~reby reluaslng ~nd waiving all rlgllls ~dar and by A portion of tho East ~ of the SE~: of Meridian located Southeast of particularly described as follows: BE~:I~ING at an iron pipe set at the ~st line of said Section 23, said' ir~ a Bras~ Cap Mon~ent marking the Soutl' Westerly along said road tho folloWir ~eet,- N49 50 59 ~ 193.276 feet SBT , fee:; S82°21'25"~ 1~.83 feet; N83°3~ N25°36'57"W~ 251.596 ~eet and West 11ne DE said SE~ o~ the S~; 'ther West 15ne et the ~& of the SEk of: sa5 :hence N89°34'58"~ 1313.005 feet ~o S0°55'19"E, along last ~aid East rE and CAIi.IE TRUE, husband ahd wife by the entireties :her good and valuable consideration ....... ,iI~coln Coonly, Seato of Wyoming, Section 23, T34N, RllgW, 6th Principal Lincoln County~ Wyoming and being more nterseation of centerline of a road and tho n pipe being N0~55'lg"w, 444,095 feet from east Corner of said Section 23; thenc~ running courses and distances: N79"24'52"W, 51.182 1'33'%4, 263.719 feet; S58:05'19"W, 325.757 ].5 W, 200.88 feet; N43 25 59 W, 91,84 feet; 9'~/~ 223.866 feet to an iron pipe set in the NO 56 09 W, along last said West line and' tile d Section 23~ a distance of 437.092 feet; he East line of said Section 23; thence 878.369 feet to the point of beginning. Subject to reservations and restrictions contained in the United States Patent and to ~asem~nts and right-of-ways of record or in use. Together witl] ell improvements and appurtenances thereon, / EXCEFTINO THEREFROM ALL oil, gas or other mineral rights. WITNti5$. the, ha.d of said grantor , this s'r^Tii o~: WYOHING / Co,.,,y of LinColn J On tho day of A.D. t9. -..,, penomlly ~,pl~6i~ked befp~% ru9 Um tig,e~ ~ ofdmwil~[~ jn~trul~nl, who dul}~ nci~owledgcd to m~ that t he yexecu~,zd the s~m~. ~ ~., Notary rubltc I Commission expi'res: I ( -~1 - RECORDING DATA lintry NO. Fee P~co.~.~ © IND:Xm U1 © PLATTFD {~ A~$'I'RACTED [] COMP^RgD [] DELIVmmD []