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HomeMy WebLinkAbout907040 RECEIVED 3/14/2005 at 4:12 PM RECEIVING # 907040 (: BOOK: 580 PAGE: 725 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, VVY TENANCY AGREEMENT THIS AGREEMENT made on the i j 7~SaY of March, 2005, between Gregory T. Seith, a/k/a Greg Seith and Wanda Jackson Hamilton, as Trustee of the Wanda Jackson Hamilton Living Trust, Dated October 30, 1997. WITNESSETH: For value given and acknowledged received by the Parties, they agree as follows: 1. That the Parties do by this agreement, for valuable consideration given, receipt which is hereby acknowledged by and between the Parties, do grant unto Michael Beam, a life estate in and to the following property, as attached and made a part as Exhibit "A" and labeled hereunder; 2. This life estate to Michael Beam shall be terminated upon his death or the death of Gregory T. Seith, a/k/a Greg Seith; 3. There will be no rent charged to Michael Beam for his occupancy or use of the property. It is anticipated that a certain lease agreement will be executed between Wanda Jackson Hamilton Living Trust, Dated October 30, 1997, and Wanda Jackson Hamilton. The effect of that lease will entitle Gregory T. Seith to the quiet and peaceful enjoyment during the lifetime of Wanda Jackson Hamilton and for Greg Seith to place a mobile home as a residential accommodation for himself, as outlined under Exhibit "B" and pictured by Exhibit "C", both exhibits which are attached hereto and made a part hereof. Those particular Exhibits "B and C" are restricted from Michael Beam's use during the lifetime of Wancla Jackson Hamilton; 4. Within one year of Wanda Jackson Hamilton's death and as practical with weather permitting, the lease agreement will terminate. At that time, Michael Beam and Gregory T. Seith, sharing costs, will relocate the two mobile homes and trade positions. Gregory T. Seith is to be located on the North side and Michael Beam to be on the South. The total two acres of real estate will be divided in two equal tracts. The County road frontage will be divided in half and the Western boundary will be divided in half also. Both mobile homes will share the common maintenance and operation of the well and septic tank on the properties. Those shared costs will be divided equally; TENANCY AGREEMENT Jacllson/$eith Page 1 of 3 O00VO ,O 5. The two tracts consisting of the mobile homes and lands are not to be assigned, subleased by third parties other than the original parties and their spouses and/or immediate roommates; 6. Livestock shall be restricted. Dogs and cats are permitted on either tract, within reason with expectations of proper care and keeping by the owners. In the event that any animals are neglected by either Party, the other Party shall claim a right for the said animal insisting that proper care be given. If necessary, the Parties shall divide evenly the cost of a pet control fence between the two properties; 7. Each tenant shall be entitled to enjoy peace and quiet and the covenants thereto of the respective properties without interference of the other; Each property is to be considered private. It is projected that neighborly access to each other be allowed; however, upon demand or notice by either Party, no right of trespass to the other will be tolerated; 8. This Tenancy Agreement shall terminate upon the deaths of Michael Beam and/or Gregory T. Seith. There shall be no right of tenancy by Michael Beam after the death of Gregory T. Seith. The Parties understand that the remaining property interest has been heretofore conveyed, subject to Wanda Jackson Hamilton's and Gregory T. Seith's life interest, to a charitable organization; and 9. The tenants both agree, that in the event that either Party shall be required to obtain the services of legal counsel for the purpose of enforcing any or all of the tenancy, such successful party shall be entitled to recover costs including reasonable attorney fees. DATEDthis IIj'¢ dayof /~6{4~ ,2005. GP~OOI~Y T. SEITH Individually WANDA JACK-SalON HAMILTON Trustee of Wanda Jackson Hamilton Family Trust, Dated October 30, 1997 TENANCY A GREEMENT Jaclison/Seith Page 2 of $ 0727 STATE OF WYOMING ) ) ss. On this I/ day of /7] ~//~ 2005, before me a Notary Public in and for thc State and County above-mentioned did personally appear Gregory T. Seith and acknowledged the foregoing Tenancy Agreement. WITNESS my hand and official seal. County of ~"X'J~llFL'fi State of~/ Uncoln ~ W¥0ming It My Commission Expires S,.eptember 13, 2006!} My Comn~ission Expires: STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN ) On this [ / day of /qT&~ 2005, before me a Notary Public in and for the State and County above-mentioned did personally appear Wanda Hamilton Jackson as Trustee and Individually and acknowledged the foregoing Tenancy Agreement. WITNESS my hand and official seal. ARYffUBLIc ' ~ My Com ion xpi e :¢ TENANCY AGREEMENT Jackson/$eith Page 3 of 3 RED LJOhl NYOMI~-I(; Z~4~t ALTA COIVavlfTIv[P2,;T - 1982 - WY T'ne land rm~m,~d to lt~ th~ eommltn~:l Ii illu~l 1. tlze .qtn~ ot' Wyomlnl, County of I,Itmol... ~ 11 dssa'i~c; 1~ fotllow.,; A portion of the property referred to in Deed recorded in Book 32¢PE 0,% :page 3~ n~d being the ~ame land as "~amilton remainir.,g,, t:rsct ~e~ on map filed Janua~ 7, 2003 al Ins~ment No. 886715 wit~ the office of ~he Clerk of Lincoln Co~=y, Wyoming, for the property located in ~h~ ~W of Sec=ion 3, T3~N RllgW o~ =he 6th ~.M., Llnuol:= County, Wy~i[g, ~he me,es and bo~ds being m~e particularly ~scrib.sd ~..g follow~, proper~y, said Do~nt ~ beginning being 1391.79 feet N ~0042'06. E ~"om the BLM %~e ~nUment m~rking the ScOt~ A. 8~herb,~l :?~ 3889, location for the southwest corner of said famt =o a cotton gin spike ~king a poin~ in =he centarline of thm Rober~s-Wol~l~y County Road 12-~0;, as refer:red ~o tn the right of way ~m~m~nt recorded in Book 225PR on pa~',~ 184 and Book 227~R Oa page ~30, wl~h said O~fice; thence SOutherly, sl~ng said centerline the following: rolo;Is a 1640,00 fee= radius =u~ to =he left, through a c~ntral of 7.19,52,, {chord bears $ T"29'13,, ~, 209.70 ~eet) an arc dim~anue of 209.84 ~ =O a cotton gin spike ~nd S 3'~4~,17. w, 24.00 feet ~0 ~ cotton gin ~hence N 79o15,0~,, W, 4%2.4~ feet ~O mn aluminum cap on an pi~e marking a point in the we.t line of said property; point of begi~ing. 11191 H:\DATA\T35N119~S3~OR¥S'501.TR [[ Traverse:GS- Seith Lease Area:19613.?gsqFt 0.450Acra~ Poln~ Tv[~e DesCriotlon North,Az Hodz Dl=t Nqrthlnu 274 S/H-EdlvA 260'44'57.14" 221.242 769 SLsw 10'44'57.14" 85,000 770 SLnw 88'59'51,20" 215.948 768 PC C3pc 195'28'40.88" 92.909 154 PT C3pc 183'4g'17.48' 23.gg8 274 S/H,EdivA Orris .Roberts-Wuolfley Co, Rd. 2001 7':" 9 Distenc~e Factor:l.000000000 J] E~tln~ ,., El~vi~Uon 1258904.773485 2373298,284806 5715.52 125894§.037455 2373080.904771 5706,70 1259009.8988~ 2373093.027948 5706.70 1259021.207960 2373308.679892 5715.70 1258928.718126 2373299.864239 5715.32 1258904.773485 2373298.264806 5715.52 1770 0 N88'59'51"E 215.95' GS - Seith Lease 0.450 Acres 768 $5"28'41 '~/ LC=S2.91' 640,00' A=92.gZ T"46,47' D=3'14'46.84" TPC Desktop Page 1 02/21!05 09:18AM Description - Seith Lease A portion of the Star Valley Medical Foundation Property referred to in the Deed recorded in Book 5841PR on Page 251 with the Office of the Clerk of Lincoln County, Wyoming for the property located in the NWl/4 of Section 3, T35N, R119W, of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being more padicularly described as follows: BEGINNING at a Cotton Gin Spike marking the Northeast comer of the Johnson property, as referred to in the Deed recorded in Book 535PR, on Page 360, with said Office, said Point of Beginning being 1,638.75 feet N66'56'50"E from the B.L.M. type monument marking the Scott A Scherbel PLS 3889, 1999 location for the Southwest Comer of said NW 1/4; thence N79'1593"W, along the North line of said Johnson property, 221.24 feet; thence N10°44'57"E, perpendicular to said North line, 65.00 feet; thence N86'59'51"E 215.95 feet to a Point in the Center Line of Roberts - Wolfley County Road 12-109, as referred to in the Right-of-Way Easement recorded in., Book 225PR, on Page 184 and Book 277PR, on Page 530, with said Office, said Point being a Point In a 1,640 feet Radius Curve to the Left; thence Southwesterly, along said Curve to the Left, through a central angle of 3°14'47", an arc length of 92.92 feet, and a chord of S5°26'41WV 92.91 feet; thence S3'49'17'M/24.00 feet, to the Point of Beginning, containing 0.45+ Acres of land. SUBJECT TO: A 30 foot Right-of-Way Easement along portions of the Eastedy line of the above described property, for Roberts-Wolfley County Road 12-109, as referred to in the Right-of-Way Easement recorded in Book 225PR, on Page 184 and Book 277PR, on Page 530, also TOGETHER WITH: and SUBJECT TO: All, Easements, Exceptions, Restrictions, Reservations, Right-of-Way and Improvements of sights and or record.