HomeMy WebLinkAbout903031 RECEIVED
LI;',100t_¢',! OOI!h!TY 0LERK
LYNN A. DZMOND, a single man, whose address is P.O. Box 133,
Cokeville, WY 83114, and ?ZMOTHY O. BE?PEER and WESTON R. BARKER,
as Co-Conservators of the Estate of Richard H. Dimond, whose
address is P.O. Box 133, Evanston, WY 82931, Grantors, in
consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, do
hereby convey and warrant to THOMPSON LAND AND LIVESTOCK COMPANY,
a Wyoming general partnership, whose address is P.O. Box 130,
Cokeville, WY 83114, Grantee, a non-exclusive right-of-way and
utility easement, for the construction, operation, maintenance,
use, repair, renewal~ and reconstruction and any other use
associated with a private roadway for the limited purposes of
motor vehicle ingress and egress, as well as the installation of
utilities, through and across the following lands situated in
Lincoln County, Wyoming:
A strip of land forty (40) feet in width being part of
Resurvey Tracts No. 96, 100 and 101 of T 24 N, R 119 W,
Lincoln County, Wyoming with the southerly and westerly
line being along an extant fence line in part,
described as follows:
Beginning at a point, N 74° 32' W, 414.98 feet from
Corner No. 8 of said Tract No. 96; thence N 51° 56' W,
535.47 feet to a point; thence N 68° 56' W, 1190.51
feet to a point; thence S 23° 10' W, 7.24 feet to a
point; thence N 69° 17.5' W, 751.62 feet to an
intersection with the west line of Tract No. 96, North,
1133.29 feet from Corner No. 9 of said Tract 96; thence
continuing N 69° 17.5' W, 27.93 feet to a point; thence
N 62030' W, 659.37 feet to a point; thence N 63° 14.5'
W, 348.88 feet to a point; thence N 19° 58' W, 243.18
feet to a point on the easterly right-of-way line of
State Highway 232 N 28° 39.5' W, 2092.31 feet from
Corner No. 4 of Tract No. 101; each point ~marked by a
5/8 x 24 ins. .Steel reinforcing rod with an aluminum
cap inscribed, "SURVEYOR SCHERBEL LTD BIG PINEY WY PLS
164 1995" and appropriate details;
A strip of land forty (40) feet in width being part of
Resurvey Tract No. 96 of T 24 N, R 119 W, Lincoln
County, Wyoming with the center-line described as
follows:
Beginning at Station P.C. 0+00 on South line of said
Tract No. 96, West, the base bearing for this survey,
1521.31 feet from the closing corner on the east line
of Section 2, T 24 N, R 119 W, S 00° 01' E, 25.08 feet
from the east one-quarter corner of said Section 2;
thence northerly 197.14 feet along the arc of a
circular curve to the right through a central angle of
31° 16' with radius of 361.25 feet to Station P.T.
1+97.14; thence N 51° 39' W, 199.73 feet to Station
P.C. 3+96.87; thence northerly, 260.43 feet along the
arc of a circular curve to the right through a central
angle of 23° 21' with radius of 639.03 feet to Station
P.T. 6+57.30; thence N 28° 18' W, 138.73 feet to
Station P.C. 7+96.03; thence northerly, 48.61 feet
along the arc of a circular curve to the right through
a central angle of 31° 56' with radius of 87.23 feet to
Station P.T. 8+44.64; thence N 03° 38' E, 290.95 feet
across the dam for a stock-water reservoir to Station
P.C. 11+35.59; thence northwesterly, 131.47 feet along
the arc of a circular curve to the lift through a
central angle of 41° 14' with radius of 182.68 feet to
Station P.T. 12+67.06; thence N 37° 36' W, 65.45 feet
to Station P~C. 13+32.51; thence northwesterly, 277.45
feet along the arc of a circular curve to the left
through .a central angle of 24° 19' with radius of
653.74 to Station P.T. 16+09.96; thence N 61° 55' W,
190.37 feet to Station P.C. 18+00.33; thence westerly,
258.43 feet along the arc of a circular curve to the
left through a central angle of 26° 02' with radius of
568.76 feet to Station P.T. 20+58.76; thence N 87° 57'
W, 212.10 feet to Station P.I. 22+70.86, North, 33.85
feet from Corner No. 8 of said Tract No. 96; thence N
85° 10' W, 220.26 feet to Station P.C. 24+91.12; thence
northwesterly, 158.95 feet along the arc of a circular
curve to the right through a central angle of 33° 23'
with radius of 272.83 feet to Station P.T. 26+50.07;
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thence N 51° 47' W, 28.15 feet to Station 26+78.22, N
38° 04' E, 20 feet from the POINT OF BEGINNING of the
first described roadway aboge with the two roadways
jointing at a common intersection; each corner found as
described in the Corner Record filed in the Office of
the Clerk of Lincoln County; all in accordance with the
plat prepared to be filed in said office titled,
"THOMPSON LAND AND LIVESTOCK COMPANY PLAT OF SPRING
CREEK ROAD IN TRACTS NOS. 96, 100, 101 T 24 N R 119 W
LINCOLN COUNTY, WYOMING".
(the "Right-of-Way and Easement Area")
TO HAVE AND TO HOLD THE SAME unto the Grantee, its successors
and assigns, with the perpetual right of ingress and egress to and
from the Right-of-Way and Easement Area, appurtenant to the
Grantee's following described lands:
The above described right-of-way and easement shall be
appurtenant to the lands owned by the Grantors, in
.Tract 97G & 97F & Part of Lots 14 & 24, and all of Lots
17, 25, & 26, in Section 6, T 24 N, R 118 W, in Lincoln
County, Wyoming; and Lots 20, 21, 24, & 25, & Part of
Tracts 97 H to K and Lots 38 & 46 in Section 1, T 24 N,
R 119 W, in Lincoln County Wyoming; and all land owned
by the Grantors in Section 1 & 2 & 11 & 12 in T 24 N, R
119 W, in Lincoln County, Wyoming; and Section 6 & 7,
in T 24 N, R 118 W, in Lincoln County, Wyoming.
(the "Grantee's Lands").
The parties hereto agree as follows:
1. Grantee agrees to pay Grantors for any damage to crops,
fences and other improvements located on land of Grantors
adjoining the right-of-way and easement area which may be
inflicted by Grantee in the exercise of the rights granted
hereunder, provided an itemized claim thereof shall be presented
by Grantors to Grantee at the address set forth above within
ninety (90) days after the damage is done. Said damage, if not
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mutually agreed upon, shall be ascertained and determined by three
(3) disinterested persons, one (1) to be appointed by Grantors,
one (1) by Grantee and the third by the two (2) persons so
appointed, and the award of such three (3) persons, or any two (2)
of them, shall be final and conclusive.
2. Grantee, its successors and assigns, shall indemnify
and hold Grantors harmless from and against, any and all claims,
suits, causes of action or damages arising from Grantee's, or it's
successors' or assigns', construction on, improvement, repair,
maintenance and use of the Right-of-Way and Easement Area. In
particular, Grantee, and its successors and assigns, shall
indemnify and hold Grantors harmless from and against any and all
claims, suits, causes of action or damages by the Town of
Cokeville, Wyoming, or any other third party having an interest in
the Right-of-Way and Easement Area, or any portion thereof,
arising from any act or omission of Grantee, or its successors and
assigns.
3. Grantors shall not build or construct, or permit to be
built or constructed, any buildings or any other improvements,
over or across the Right-of-Way and Easement Area, nor interfere
in any way with the use of the easement granted.
4. This right-of-way and easement shall be binding upon
and inure to the benefit of the successors and assigns of Grantors
and the successors and assigns of the Grantee, and may be assigned
in whole or in part by the Grantee; provided, however, that at no
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time shall the public receive any rights to use the Right-of-Way
and Easement Area, it being understand and agreed that the Right-
of-Way and Easement Area shall only be for the use of the Grantee,
and its successors and assigns, and shall only inure to the
benefit of the Grantee's Lands.
5. The rights herein granted to Grantee shall continue in
full force and effect during the entire time that Grantee, or its
successor and assigns, shall continue to use the Right-of Way and
Easement Area for the purposes set forth above. For purposes of
this right-of-way and easement grant, abandonment or termination
shall be defined as non-use of the Right-of-Way and Easement Area
for the uses heretofore state for a continuous period of two (2)
years. In the event of abandonment or termination of use of the
Right-of-Way and Easement Area, by non-use, all rights herein
granted shall cease and terminate with respect to the Right-of-Way
and Easement Area so abandoned, and Grantee, its successors and
assigns, shall deliver to Grantors, or their successors and
assigns, a recordable instrument evidencing that the titIe to the
Right-of-Way and Easement Area so abandoned is free and clear of
said right-of-way and easement as well as any liens, encumbrances,
clouds up or defects in the title to the Right-of-Way and Easement
Area created or permitted to be created by Grantee, its successors
or-assigns.
6. It is expressly understood and agreed that Grantee, its
successors and assigns shall not use the Right-of-Way and Easement
00,38
Area for purposes of a stock trail for the ingress and egress of
any kind of livestock to or from the Grantee's Lands.
7. The Grantee, its successors and assigns, shall at their
expense keep dust on the Right-of-Way and Easement Area, caused by
Grantee's, or is successors' or assign's, maintenance or use of
the Right-of-Way and Easement Area, Eo a minimum and shall water,
roads and disturbed areas as
treat and otherwise maintain
reasonably necessary to do so.
WITNESS our hands this
, 2004.
GRANTORS:
A. DIMOND
ESTATE OF RICHARD DIMOND, an
incompetent person
Timothy Or. Beppl~r', Co-
Conservator
WesCon R. Barker, Co-
Conservator
GRANTEE:
THOMPSON LAND AND LIVESTOCK
COMPANY, a Wyoming general
Partner
THE STATE OF WYOMING )
,-'~ .¢:,z,,'~M--,cJ )ss.
COUNTY OF )
The above and foregoing instrument was acknowledged before me
th~s ~ day of ~. , 2004, by LYNN A. DIMOND.
WITNESS my hand and official seal.
My Commission Expires:
THE STATE OF WYOMING
COUNTY OF UINTA
Notar~ Public
SS.
The above and foregoing instrument was acknowledged before me
this ~01~m~ day of ~~%~h , 2004, by TIMOTHY O.
BEPPLER and WESTON R. BARk~ER, as Co-Conservators of the Estate of
Richard Dimond.
My Commission Expires:
WITNESS my hand and official seal.
Notary Publ~
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THE STATE OF WYOMING
COUNTY OF L~'~¢~}~
The above and foregoing instrumenn was acknowledged before me
this ~ day of ~ ~T , 2004, by ~4)~ ~o~~r
as the authorized general partner of THOMPSON LAND AND LIVESTOCK
COMPANY, a Wyoming general partnership.
Notary Public
My Commission Expires:
~'[~,t't~ ~VOY e. TAYLOR 1
~~~ June 15~2oo~