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HomeMy WebLinkAbout912346 " ¡ i ¡ , ¡ "···;·''''i',.,I, ·;·;1;·,(·;·.·...· '--'._~_.-~' . ~' - _.....,.~!!'?'o:..,".",.' '. " ;,,of, _ . ~J..',' .'," ,-,-_.- '0',. "'~'." :'~·:'I'~i :;:' :"::'>"·'<"f!.l'""'j' ",' 00664 RlJ POND MAINTENANCE AND HOLD HARMLESS AGREEMENT Pond Maintenance and Hold Harmless Agreement ("this Agreement") executed by and between Bryan Lee Gail and Melissa A. Gail, husband and wife, of 288 County Road 127, Bedford, WY 83112 ("Gail"), and Robert Landry and Lisa Landry, husband and wife, of 11421 Woodside #A, Santee, CA 92071 ("Landry"). RECITALS 1. Gail owns the following described real property located in Lincoln County, Wyoming ("Gail's property"): Description: Parcel B-2 <') v A portion of the Gail property, as referred to in the Deed recorded in Book 586PR, on Page 520, with the Office of the Clerk of Lincoln County Wyoming, within the E1/4 of Section 4, T33N, R118W, of the 6th P.M.. Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at a Point in the East line of the NW1/4SE1/4 of said Section 4, said Point of Beginning, being 825.72 feet Soo13'51"W from the Marlowe A. Scherbel PLS 5368, 1994 location for the Southeast Corner of said NW1/4SE1/4; thence S75°52'51"E 85.20 feet; thence N89°06'23"E 171.39 feet; thence N80010'45''E 152.56 feet to a Point in the West line of the Kenneth and April Cram property, as referred to in the Deed recorded in Book 449PR, on Page 129, with said Office; thence S26°24'20"E, along said West line and a West line of the F&T Partnership property, as referred to in the Deed recorded in Book 460PR, on Page 217, with said Office, 191.56 feet; ... thence S26°24'20"E, along a Northerly line of said F&T Partnership property, 628.89 feet to Point in the Center, Line of the Bedford - Turnerville County Road 12-123 Right-of-Way; RECEIVED 9/30/2005 at 1 :30 PM RECEIVING # 912346 BOOK: 599 PAGE: 664 JEANNE WAGM.'P LlN._COLN COUNTY CLERK ~:, n_ ._~ ___ __,..___ __, _ __ _._ .... ____....___.. ~ I Ct':I:~¡oti¡'.':.: :':¡:;; .'._"f.i~~.i t;".,l.i;,1 ,~~~:!;~;: .Ìi~,jILL.. !~¡:;:X-;;C' i-~';-¡_~1:~:!b·:'N'; f-- ~:~:fl1t-"5~~:¿:!,~;;: .. ,:,;,:;:,:,,:,:¡~,;,,: . . '1'1 , ,'..;¡...;t..."....,.¡ ,. :_' ....',., ':''''''.:''---~.",' " I ,- L' I'· ",:..:.;..;.~.... 00,..;'1 ")'''l,46 ÚJ1L~"a.I'-d :~. 00665 thence Northwesterly, along said Center Line, the following: S63°35'40"W 811.28 feet to the beginning of a 1,432.39 feet Radius Curve to the Right; Northwesterly, along said Curve to the Right, through a Central Angle of 14°12'15", an arc length of 355.11 feet, from which the radius point bears N48°30'OO"E, said curve having a chord bearing N34°23'52"W 354.20 feet N27°17'45"W 186.03 feet to the beginning of a 572.96 feet Radius Curve to the Left, and Northwesterly, along said Curve to the Left, through a Central Angle of 1r14'46", an arc length of 172.46 feet, said curve having a chord of N35°55'08"W 171.81 feet, from which the Radius Point bears S45°27'29"W to the Southeast corner of the Lewis, Barber, and Hayborn property, as referred to in the Deed recorded in Book 572PR, on Page 707, with said Office; thence N45°04'29"E, along the East line of said Lewis, Barber, and Hayborn property, 27.03 feet to the PI of said Curve to the Left; thence N34°30'47"E, continuing along the East line of said Lewis, Barber, and Hayborn property, 572.73 feet, to the Point of Beginning, containing 17.10± Acres of land. SUBJECT TO: A 30-feet Right-of-Way Easement, along the Southwest corner of the above described Parcel, being Bedford - Turnerville County Road 12-123. ',~ GRANTING and Reserving: An Easement for Ingress and Egress for access, construct and maintain an Irrigation Pipeline to the Existing Irrigation Pipeline, being 20 feet in width, the Northwesterly line being described as follows: Beginning at the Northwest corner of the above described parcel; thence S34 °30'4 7"W 142.13 feet, with the Southeasterly line being prolonged to the Northeast to reach the North line of the above described parcel. TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Reservations, Restrictions, Rights-of-Way and Improvements of sight and or record. 2. Landry owns the following described real property located in Lincoln County, Wyoming ("Landry's property"): Description: Gail Parcel A-2 2 " 'II"fh.¡" ';-- -:.' '-··!·r~·_·-_':'-:. '-,o;:~-'-Ii1:;:!~Yb-'_-,,;,;¡:·g;.':'f~ ;;,:.!'~,:::~"'~,("'~·u.-,~",,,,,,,·J,""""'',,;;-'I·_-;~~,-i'~'::: : '-~'..' ,,·__'_h ,,~~)'t, .,~.,,- ,:,,:-l'. '."_''i'''';~~oc.~.''''...'. " -,:. C·'::'-·'1""-""·~~.·..._...~_tt__=..;~~,~,·I'·~~orc"":",,<,,,,,, ;.",.,.~,:>"">'",,, '-"''-:"',.,,,'' "''''':''.''''';''_''~;,C,'''''_';",~.. ..... ,,'..' . . .n. C~""1 ~>....j I'!! C VyJ~~u~'l) '·on6S'S' '.- t.,f A portion of the Gail property, as referred to in the Deed recorded in Book 586PR, on Page 520, with the Office of the Clerk of Lincoln County Wyoming, within the E1/4 of Section 4, T33N, R118W, of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows: BEGINNING at the Marlowe A. Scherbel PLS5368, 1994 location for the Southeast Corner of the SW1/4NE1/4 of said Section 4; thence S89°08'15"E, along the South line of said SW1/4NE1/4, 200.00 feet; thence NOo035'29"E 130.18 feet to a Point in the Center Line Heiner-Suter County Road No. 12-127; thence S69°37'41 liE, along said Center Line, 53.13 feet to the Northwest corner of the Kenneth and April Cram property, as referred to in the Deed recorded in Book 449PR, on Page 129, with said Office; thence S00035'29"W, along the West line of said Cram property, 112.44 feet to a Point in said South line; thence SOo033'49"W, continuing along said West line, 500.00 feet to the Southwesterly corner of said Cram property; thence S26°24'20"E, along the Southwesterly line of said Cram property, 350.65 feet; thence S8001 O'45"W 152.56 feet; thence S89°06'23"W 171.39 feet; thence N75°52'51"W 85.20 feet to a Point in the East line of the NW1/4SE1/4 of said Section 4; thence NOo013'51"E, along said East line, 825.72 feet, to the Point of Beginning, containing 5.54± Acres of land. SUBJECT TO: A 30-feet Right-of-Way Easement, along the North line of the above described Parcel, being Heiner - Suter County Road 12-127, as referred to in the Resolution Dated the ih ~ay of October 1981, recorded with said Office. 3 ftl¡~li~*~¡ill . ;' iJtr;~. ':]mm~~~¡m~~ o. Ö.· .I('¡ \Í-"~j~Aê ~ ,d.,~~;Q. ~~u ~00667 GRANTING and Reserving: An Easement for Ingress and Egress for access, construct and maintain an Irrigation Pipeline to the Existing Irrigation Pipeline, being 20 feet in width, the Northwesterly line being described as follows: Beginning at the Southwest corner of the above described parcel; thence S34 °30'4 7"W 142.13 feet, with the Southeasterly line being prolonged to the Northeast to reach the South line of the above described parcel. TOGETHER WITH and SUBJECT TO: All Easements, Exceptions, Reservations, Restrictions, Rights-of-Way and Improvements of sight and or record. 3. GaWs property and Landry's property are adjoining, and located on a portion of the boundary between their properties and extending into each of their properties on their respective sides of their common boundary is a pond of water ("the pond"). 4. Gail and Landry desire to agree to the perpetual maintenance of the pond for their mutual benefit and to grant one another release of liability in the event of any damage or injury that occurs in or around the pond. NOW THEREFORE, in consideration of the mutual covenants set forth below, Gail and Landry hereby as follows: 1. Use of the Pond. Gail and Landry, and their guests and invitees, shall each have full use of the entire pond for recreational purposes. However, neither Gail nor Landry may conduct a~y commercial' or business activities in, on or around the pond without the prior written consent of the other party. "Commercial or business activities" means any activity conducted in, on or around the pond for which any consideration is received by the party allowing such use. The use of the pond granted to each party does not include the right to use the land of the other party bordering the pond. 2. Maintenance of the Pond. Gail and Landry each covenant that they will mutually maintain the pond in its present state and condition and that neither of them will undertake any activity that would result in the pond having less water in it or that would damage the pond in any manner whatsoever. Each party shall maintain at its own expense the portion of the pond located on its property. Neither Gail nor Landry shall make any alterations or modification to the pond without the prior written consent of the other party. 4 3. Release of Liabilitv. Gail and Landry, in consideration of their mutual use of the entire pond and of the other covenants contained herein, knowingly and intentionally release and ..,Jr.;;,. .- - . ¡-;.;¡:, ;1: ¡:I: ¡ ;;;1" ;.,- , .' ~ < ;:,_ :..-. i 'i .; ~..",., :'.' " " '-'j'¡ '<,,' .':" '.: .- -,. .,:..~-,.,:,.-¡...,,:-;. ,;".,.¡.o~",..~.,'.'. " ··"'''';''''·'''':·'·f.~_',··' '~.'."';".'" ,·"t.".·. .:., ··:·\i!r,··'·····~";1¡,;:;,···,···,,·t,,..,..,'¡,....:UI_1ot¡,...;·~ ',.,""~N'--. .- ..'~..~.~-:-~.:....,' '.' .... : /'!. '. " ,1àC,,'~1 "¡I.;'4')tl...6 u J .~....,~ Y ao 00668 agree to indemnify and hold the other party harmless from any and all liability, damages, expenses, costs and attorney fees that may arise from or in connection with their use of the pond. 4. Temporary Use of Water for SprinklinQ System. Gail and Landry stipulate and agree that Gail has conveyed to Landry an easement for access to the main irrigation sprinkler pipeline located on Gail's property. However, Landry may not actually connect to that line for a temporary period of time. Therefore, Gail hereby grants to Landry the right to continue use of the pipeline which currently connects to the main irrigation line southwest of the pond and provides water to the sprinkling system that irrigates the yard located around the residence on Landry's property. This use may continue until Landry has connected to the main line on Landry's easement at which time Landry will disconnect the pipeline currently providing water to his residential sprinkling system. 5. MerQer: Any and all prior agreements of the parties concerning the pond are merged herein. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous coml)1unications, representations, or agreements, either verbal or written, between the parties hereto. This Agreement may be altered or amended only by an agreement in writing signed by all of the parties to this agreement. 6. Attorneys' Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, or the rights and duties of either in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sµm as and for their attorney's fees in such litigation which shall be determined by the court in such 't~·,: litigation or in a separate action brought for that purpose. 7. BindinQ Effect: This Agreement shall bind and benefit the heirs, executors, administrators and assigns of the respective parties hereto. IN WITNESS WHEREOF, we have hereunto set our hands as of the ¡#--- day of September, 2005. J -1r;J.~ (f. çpj Melissa A. Gail 5 ~"""'3 i¡~iil·t~:iC~iß :¡:llij~lit!Wi¡ ;' ..(¡¡¡~" !;§~¡i¡m~;!¡F:·,~ .,.¡~.~.:.: I,~i·.";·¡·¡·i''''·· ' . /"-'" ",-..:.;.".:...-.-">-'...''(":, ....~::..,:"...-:J ·"""1:'.. ":Ii··.' . . ·(··1~<:.· . ·._:l,:;·;.:,:~:~,~~,,·.~l·'."'·,·,-_.·~':·" . I I 'tor 0::):1::::346 00669 I Robert Landry Lisa Landry STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing Pond Maintenance and Hold Harmless Agreement was acknowledged before me by Bryan Lee Gail and Melissa A. Gail, husband and wife, this r2f11- day of September, 2005. Witness my hand and official seal. ~7Ó~~L~Ô;ÃÃYPu~ County of State of ~ .IY" 11 Lincoln Wyoming ~ My C<>mml,,~" E,piœ.æ>+ 06 N AR: PUBLIC My commission expires: In -1-00 ~TATEOFúJ~ð COUNTY ¿~ þ1J $s. The foregoing Pond Maintenance and Hold Harmless Agreement was acknowledged before me by Robert Landry and Lisa Landry, husband and wife, this day of September, 2005. Witness my hand and official seal. NOTARY PUBLIC My commission expires: 6 . -I "~,,. ". :.·.·.·.~.~I:.~.· -',". "'·)"·I"'''';"·'''"l''.'' S~P~27·200~ 08:09AM P.06 .¡ .. co I'~ t.~ nc. .,.>{;,.-'. ï.'-f!:U IÎ-J ____'.3' ~ï~~ '"""" . \~~00676 STATE OF WYOMING SS. COUNTY OF LINCOLN The foregoing Pond Maintenance and HOld Harmless Agreement was acknowledged before me by Bryan Lee Gail and MélìsSB A Gail, husband and wife, this _..__.~ day of September. ~~005. Witness my hand and official seal. -' . ....-..-..., NOTAHY ÞUBLlC My commission' expires: -- ~TATE OF 0 COUNTY 0 The foregoíng Pond M~intenance and Hold Harmless A~p.¡ament was acknowledged before me by Robert Landry and Lisa Landry, husband and wife. thi~_ day of September, 2005. My comml..lon .xPirès~ 11 6 ¡;;~~;?:;~fimillm¡':l , -;' ~rII.i...