HomeMy WebLinkAbout905015EASEMENT
Lynn A. Porter and Seloma C. Porter, husband and wife, of Afton, Lincoln County,
Wyoming, RECEIVED 12/6/2004 at 10:10 AM
RECEIVING # 905015
BOOK: 574 PAGE: 58
grantors, .- JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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
Serell G. Hurd, Trustee of the Serell G. Hurd Decedent's Trust dated June 16, 1999, of 97
Hurd-Jensen Court, Afton, WY 83110,
grantee,
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
non-exclusive 60-foot wide right-of-way easement for ngress and egress and all underground
utilities to the property described in paragraph 3 from Wyoming State Highway 237, including the
right to construct and maintain a roadway to provide that ingress and egress and for all
underground utilities, and including the right to inspect the easement.
2. Conditions of this Easement. The conditions of this easement are:
a. It is a common easement for the mutual benefit of all Grantors and
Grantee and their respective lands.
b. Grantee, his successors in interest and assigns, hereby waive any
and all claims that they may have at the present or ir~ the future against the Grantors
related to Grantee's use, operation or maintenance of the herein described
easement. By accepting, using or allowing any third parties to use the herein
described easement Grantee assumes the risk of any and all damage including
property or personal damage.
Grantee shall indemnify and hole Grantors harmless for any damage,
whether property or personal, to any third party whom Grantee allows to use the
herein described easement. This indemnification and hold harmless includes the
expenses of reasonable attorney fees, court costs, and any damages assessed
against Grantors because of the use or maintenance of the easement or any
reasonably related matter to the easem:ent.
c. Grantors and Grantee are mutually responsible for any and all costs
of construction and maintenance of a road upon the easement that benefits their
respective property. Each of them agrees to pay their reasonable and fair share of
such construction and maintenance annually or at such other time as all of them
agree In determining their respective reasonable and fair shares, consideration
shall be given to the amount and nature of the use rnade of the road and the amount
and nature of damage to the road resulting from that use. If any of them fails to pay
their reasonable and fair share, the parties shall submit the issue to a mediator
selected by their unanimous consent. If the part~es cannot agree on a mediator or if
mediation fails to resolve the issue, then one or more of the parties may bring legal
action pursuant to this Easement to compel such payment. In any such legal action,
the prevailing party may recover their reasonable attorney fees and costs in addition
to any other relief granted.
d. The padies stipulate and agree that the described easement is
currently a public road, Porter Lane Lincoln County Road No 12-168. Therefore,
the conditions set forth in paragraphs a, b and c above are not applicable as long as
Porter Lane is a public road and will become effective only at such time as said
Porter Lane is abandoned as a public road by Lincoln County.
3. Property Benefited by Easement. This easement is for the benefit of the following
described real property of the grantee in Lincoln County, Wyoming:
Parcel One
Those lands described in that cedain Warranty Deed recorded in the office of the
Lincoln County Clerk on July 15, 2003, in Book 527 PR, page 84, being part of the
NWl/4 of Section 2, T32N, R119W, Lincoln County, Wyoming, being part of that
tract of record in the Office of the Lincoln County Clerk in Book 440 PR, page 439,
more particularly described on the attached "Description for Robert L. Mitchell
Revocable Trust, dated 16 June 1997, Jane G Mitchell Revocable Trust, dated 16
June 1997, Hurd Tract".
Parcel Two
All of GLO Lot 3 (NE1/4NW1/4) of Section 2. T32N, R119W,
Wyoming, lying north of the following described parcel of land:
Lincoln County,
2
0. 80
That part of the NW¼ of Section 2, T32N R119W, Lincoln County, Wyoming, being
part of that tract of record in the Office of the Clerk of Lincoln County in Book 54 of
Photostatic Records on page 134 and all of that tract of record in saiC Office in Book
527 of Photostatic Records on page 79,. described as follows:
BEGINNING at a spike on the north line of said NW¼, N89°-14'-36"W, 29.75 feet
from the northeast corner of said NW¼;
thence S00"-42'-14"W, 620.36 feet, along an e×~sting fence line, in part, to a point;
thence S89°-30'-46"E, 32.79 feet to a point on the east line of said NW¼;
thence S00°-25'-22"W, 620.38 feet, along said east line to the southeast corner of
GLO Lot 3 of said Section 2;
thence continuing S00°-25'-22"W, 1337.02 feet, along said east line, to the southeast
corner of said NW¼;
thence N89°-51'-47"W, 1349.55 feet, along the south ine of said NW¼, to the
southwest corner of the SE¼NW¼ of said Section 2;
thence continuing, N89°-51'-47"W, 8.79 feet along said south line, to the southeast
point of that tract of record in said Office ic Book 527 of Photostatic Records on
page 81, on an existing fence line;
thence cours~ing along the easterly line of said tract as follows:
N01°-26'-39"E, 304.05 feet, to a point;
N07°-15'-31"E, 466.63 feet, to a point;
N00°-30'-09"E, 495.72 feet, to a point;
N00°-47'-51"E, 873.49 feet, to a point, and leave said easterly line;
thence N76°-50'-36"E, 485.31 feet, to a point on the westerly right-of-way line of
Porter Lane County Road No. 12-168;
thence coursing along the westerly and northerly right-of-way line of said County
Road No. 12-168, as follows:
N04°-23'-32"E, 52.97 feet, to a point;
N74"-50'-32"E, 342.45 feet, to a point;
N62°-45'-32"E, 339.81 feet, to a point on the south right-of-way line of State Highway
237;
thence S89°-12'-50"E, 18.72 feet, along, said right-of-way line, to Station No. 82+00-
30'LT;
thence N00°-46'-55"E, 32.45 feet, to a spike on the north line of said NW¼;
thence S89°-14'-28"E, 131.55 feet, along said north line, to the southeast corner of
the SW¼ of Section 31, T33N R118W;
thence S89°-14'-36"E, 4.50 feet, along the north line of said NW¼, to the SPIKE OF
BEGINNING; AND
All of the SW¼ of Section 2, T32N R119W, Lincoln County, Wyoming, being part of
that tract of record in the Office of the Clerk of Lincoln County in Book 54 of
Photostatic Records on page 134 and all of those tracts of record in said Office in
Book 255 of Photostatic Records on page 568 and in Book 306 of Photostatic
Records on page 116; AND
All of the S%SE¼ of Section 3, T32N R119W, Lincoln County, Wyoming, being part
of that tract of record in the Office of the Clerk of Lincoln County in Book 54 of
Photostatic Records on page 134; AND
All of the N¼NE¼ of Section 10, T32N R119W, Lincoln County, Wyoming, being
part of that tract of record in the Office of the Clerk of Lincoln County in Book 54 of
Photostatic Records on page 134; AND
The north 495.00 feet of the NW¼ of Section 11, T32N R119W, Lincoln County,
Wyoming being part of that tract of record in the Office of the Clerk of Lincoln
County in Book 54 of Photostatic Records on page 134, more particularly described
as follows:
BEGINNING at the northwest corner of said NW¼;
thence S89°-35'-55"E, 2712.77 feet, along the north line of said NW¼, to the
northeast corner thereof;
thence S00°-57'-12"W, 495.00 feet, along the east line of said NW¼, to the northeast
point of that tract of record in said Office in Book 221 of Photostatic Records on
page 527;
thence N89°-35'-57"W, 2707.96 feet, along the no'rth line of said tract, to a point on
the west line of said NW¼;
thence N00°-23'-47"E, 495.00 feet, along said west line, to the CORNER OF
BEGINNING;
ENCOMPASSING an area of 423.79 ac. res, more or less;
The BASE BEARING for this survey is the south line of the SW¼ of Section 31,
T33N R118W, being N89°-14'-28"W;
SUBJECT to an easement for State Highway 237 and the Porter Lane County Road
No. 12-168;
each "corner" found as described in the Comer Record filed or to be filed in the
Office of the Clerk of Lincoln County;
each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate
details;
each "Station" marked by a 6" x 6" concrete post with brass cap inscribed:
"WYOMING DEPT. OF TRANSPORTATION MONUMENT", with appropriate details;
all in accordance with the plat prepared to be filed in the Office of the Clerk of
Lincoln County titled, "PLAT OF SURVEY FOR LYNN A. PORTER AND SELOMA
C. PORTER WITHIN THE W¼ SECTION 2 S¥,SE¼ SECTION 3 NE¼ SECTION 10
NW¼ SECTION 11 T32N R119W LINCOLN COUNTY, WYOMING", dated 2
January 2004 as revised.
Parcel Three
The North 18 acres of Lot 4, Section 2, T32N, Ri 19W, 6th P.M., Wyoming.
4. Description of Easement. The easement is described as follows:
A strip of land, sixty (60) feet in width within GLO Lot 3 (NE1/4NW1/4) of Section 2,
T32N, R119W, Lincoln County, Wyoming, with the northwesterly line as more
particularly described on the attached "DESCRIPTION FOR LYNN A. PORTER AND
SELOMA C. PORTER HURD ACCESS EASEMENT".
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 easemen[ under and by virtue of the homestead exemption laws of the State of
Wyoming to the extent that such rights may interfere wilh the purposes of this easemen[.
2004.
IN WITNESS WHEREOF, we have hereunto set our hands as of the 1st day of December,
~ynn A. Port~i-
Seloma C. Porter
Serell G Hurd, Trustee
STATE OF WYOMING
COUNTY OF LINCOLN
SS.
The foregoing Easement was acknowledged before me by Lynn A. Porter and Seloma C.
Porter, husband wife, this ,~/l~ day of December, 2004
Witness my hand and official seal.
Coonty of ~ St.t, of
Lincoln ,~ ~ Wyoming
My commission expires:
NOTARY PUBLIC
d
STATE OF WYOMING
COUNTY OF LINCOLN
SS.
On thisc~/"/¢? day of December, 2004, before me personally appeared Serell G. Hurd to
me personally known, who, beir~g by me duly sworn and put upon his oath, did say that he is the
trustee of the Serell G. Hurd Decedent's Trust dated June 16, 1999, described in and which
executed the foregoing instrument; that said instrume~ was signed and sealed on behalf of said
trust; that said trustee had the authority under the terms of the written trust instrument to execute
the instrument on behalf of the trust; and said trustee acknowledged said instrument to be the free
act and deed of said trust.
Given under my hand and notarial seal the day a~d year first above written in this certificate.
Co~r~y o~ ~ State of
Lincoln ~ Wyoming
My commission expires: :~'"'~ '~-c~¢~'¢'~7
NOTARY PUBLIC /
W¥o. Reg~l~a~on No. :3aaa
DESCRIPTION FOR
ROBERT L. MITCHELL REVOCABLE TRUST, DATED 16 JUNE 1997
JANE G. MITCHELL REVOCABLE TRUST, I)ATED 16 JUNE 1997
HURD TRACT
To-wit: - -
That part of the NW¼ of Section 2, T32N, RI 19W, l.incoln Corn;;:', Wyoming, being part
of that tract of record in the Office of the Clerk of Lincoln Couuty in Book 440 'bf
Photostatic Records on page 439, described as follows:
BEGINNING at a point un the west line of said Section 2, S00°-45'19'W, 413.82 feet
from the northwest comer of said Section 2;
thence S00°45'19"W, 157.07 feet, along said west li.c to a point;
thence S89°-30'-44'E, 1343.63 feet, to a p~int o. the east line of GLO Lot 4 of said
Section 2;
thence N00°-35'-24"E, 96.05 feet, along said east line to a point on an existing fence line;
thence N76°-46'-57"E, 53.89 feet, along said fence linc to a point at a fence comer;
thence coursing a fence line southerly as foll~ws:
S00°-47'-5 I"W, 873.49 feet, to a point;
S00°-30'-09"W, 495.72 feet, to a point;
S07°-15'-3 I"W, 466.63 feet, to a point;
S01°-26'-39'W, 304.05 feet, to a point on the sotqh line of said NW¼, N89°-51'-47"W,
8.79 feet, from the southeast comer of the S W ~A N W ¼ o f s aid Section 2;
thence N89°-51 '-47"W, 463.22 feet, along said south line, to a point;
thence N02°-43'-07"E, 736.61 feet, to a point;
thence N48°-06'-40"W, 904.33 feet, to a point on the south line of said GLO Lot 4;
thence N89°-50'-19"W, 221.61 feet, to the southwest comer of said GLO Lot 4;
thence N00°-45'-19"E, 560.75 feet, along said west line, to a point;
thence N89°-14'-41"W, 34.02 feet, to apoint;
thence N00°-45'-19"E, 294.07 feet, to a point;
thence S89°-14'-41'E, 34.02 feet, to the POINT OF BEGINNING;
ENCOMPASSING an area of 42.00 acres, more or less;
the BASE BEARING for this survey is the north linc of the NW¼ of Section 2, T32N,
R119W, being S89°-14'-39"E;
each "comer" found as described in the Comer Record filed or to be filed in the Office of
the Clerk of Lincoln County;
"Modification in any way of the for~:",scri '~tion terminates liability of the surveyor"
DESCRIPTION FOR
ROBERT L. MITCHELL REVOCABLE TRI~NT, DATED 16 JUNE 1997
JANE G. MITCHELL REVOCABLE TRUST, I)ATED 16 JUNE 1997
HURD TRACT
PAGE TWO
each "point" marked by a 5/8" x 24" steel rci[fforcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL LTD AI:'I()N WY PLS 5368", with appropriate
details;
all in accordance with the plat prepared to be filed i~ the Office of the Clerk of Lincoln
County titled, "ROBERT L. MITCHELL REVO(!:\ItI.E TRUST, DATED 16 JUNE 1997
JANE G. MITCHELL REVOCABLE TRUST, I)A'I'EI) 16 JUNE 1997 PLAT OF TRACT
IN THE NW¼ SECTION 2 T3~I~R119W LIN('t )I.N COUNTY, WYOMING, dated 20
"Modification in any way of the foregoing description terminates liability of the surveyor"
Lava Hol
DESCRIPTION EOR
LYNN A. PORTER AND SELOMA C. PORTER
HURD ACCESS EASEMENT
:
To-wit: --
.0567
A strip of land sixty (60) feet in width within GL() l.ot 3 (NE¼NW¼) Section 2, T32N
R119W, Lincoln County, Wyoming, with the northwcslcrl~ line described as follows:
COMMENCING at a spike on the north line of said Section 2, N89°-14'-28"W, 131.55
feet from the south one-quarter comer of Section 31, '133N R118W;
thence S00°-46'-55"W, 32.45 feet, to Station No. ,S2, {)0-30' LT on the south right-of-way
line of State Highway 237;
thence N89°-12'-50"W, 18.72 feet, along said south igbt-of-way line, to the POINT OF
BEGINNING, on the northwesterly right-of-way linc of Porter Lane County Road No. 12-
168;
thence along said northwesterly right-of-way line as Iidtows:
S62°-45'-32"W, 339.81 feet, to a point;
thence S74°-50'-32"W, 342.45 feet, to a point;
that the southeasterly right-of-way line of the above described easement to be shortened or
lengthened as necessary to create a continuous easement with a minimum width of sixty
(60) feet running from the south right-of-way linc ,)£ said State Highway 237 to the
westerly right-of-way line of said Porter Lane Count3 I,[oad No. 12-168;
each "comer" found as described in the Comer Record filed or to be filed in the Office of
the Clerk of Lincoln'County;
each "point" marked by a 5/8" x 24" steel reinl~rcing rod with a 2" aluminum cap
inscribed, "SURVEYOR SCHERBEL LTD AFTON \vy PLS 5368", with appropriate
details;
each "Station" marked by a 6" x 6" concrete post with brass cap inscribed: "WYOMING
DEPT. OF TRANSPORTATION MONUMENT", with appropriate details;
all in accordance with the plat prepared to be filed in thc Office of the Clerk of Lincoln
County titled, "PLAT OF SURVEY FOR LYNN A. PORTER AND SELOMA C.
PORTER OF TRACT WITHIN THE W¼ SECTI()N 2 S~SE¼ SECTION 3 ~
SECTION 10 NW¼ SECTION I~Rll9W 1.1NCOLN CO~TY, WYOM~G",
TRL32-119-2[Lynn Porter
"Modification in any way of the for~:,~: scn ~t~( terminates liability of the surveyor" .
.... ;?,, , ,~, .j