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CORRECTIVE
RECIPROCAL EASEMENT AGREEMENT
First National Bank - West, a national banking association, of PO Box 6003, Evanston,
WY 82931-6003 ("First National"), and Hunsaker Development LLC, a Wyoming limited liability
company, of PO Box 817, Afton, WY 83110 ("Hunsaker"), as grantors and grantees, hereby enter
into this Reciprocal Easement Agreement.
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THE PURPOSE OF THIS CORRECTIVE RECIPROCAL EASEMENT AGREEMENT
IS TO CORRECT THAT CERTAIN RECIPROCAL EASEMENT AGREEMENT THAT
WAS INADVERTENTLY RECORDED BEFORE THE MYLAR FOR THE LAKEVIEW
ESTATES 11TH ADDITION TO THE TOWN OF ALPINE WAS RECORDED, SAID
RECIPROCAL EASEMENT AGREEMENT HAVING BEEN RECORDED IN THE
OFFICE OF THE LINCOLN COUNTY CLERK ON SEPTEMBER 22, 2005, IN BOOK
598, PAGE 711, THIS CORRECTIVE RECIPROCAL EASEMENT AGREEMENT
WILL BE RECORDED AFTER THE MYLAR HAS BEEN RECORDED AND
CORRECTS AND REPLACES THE PREVIOUSLY RECORDED RECIPROCAL
EASEMENT AGREEMENT IN FULL.
RECITALS
A. First National is in the banking business and intends to construct a new branch
banking building in Alpine, Lincoln County, Wyoming, on the following described real property
("First National's property"):
Lot 717 of the Lakeview Estates 11th Addition to the Town of Alpine according to the
official plat thereof filed in the office of the Lincoln County Clerk.
B. Hunsaker operates an existing grocery store and fuel filling station in Alpine, Lincoln
County, Wyoming, on the following described real property ("Hunsaker's property"):
Lot 716 of the Lakeview Estates 11th Addition to the Town of Alpine according to the
official plat thereof filed in the office of the Lincoln County Clerk.
C. First National's property is adjacent to Hunsaker's property.
RECEIVED 2/6/2006 at ,3:09 PM
RECEIVING # 915810
BOOK: 611 PAGE: 611
JEANNE WAGNER
.~!I:<o LINCOLN COUNTY CLERK, KEMMERER, WY
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D. First National and Hunsaker believe that when the new bank building has been built
and is in operation, they and their respective employees, customers and other invitees will travel
over each other's property for access to their respective property and businesses and that they and
their respective employees, customers and other invitees having business with either of them will at
times park on the property of the other.
E. The parties desire to grant easements to each other allowing each party and their
employees, customers and other invitees to travel on each other's property for access to their
respective property and businesses and allowing the parties and their respective employees,
customers and other invitees to park on each other's property.
F. In connection with the construction, occupancy, and operation of its new bank
building, First National needs, and Hunsaker is willing to grant, a 20-foot wide utility easement
along the west boundary of Lot 716.
Now, Therefore, for and in consideration of Ten Dollars ($10.00) and other valuable
consideration, in hand paid, receipt of which is acknowledged, and the terms and covenants set
forth below, the parties hereby agree as follows:
1. Access Easement. Hunsaker hereby grants to First National and First National
hereby grants to Hunsaker, a perpetual, nonexclusive right-of-way easement for the purpose of
providing ingress and egress to the property of the other, including the right to construct and
maintain a roadway to provide that ingress and egress and the right to inspect the easement. Each
of these easements is more particularly described in Paragraph 6 below.
2. Parking Easement. The parties hereby grant to each other perpetual, nonexclusive
right-of-way easements allowing each other and the employees, customers and other invitees of
the other to park on their property to transact business with either or both of the parties. The
parties understand that First National must provide a certain number of parking spaces to comply
with the ordinances of the Town of Alpine. Currently, the required number of parking spaces is 16.
but there is only room for 14 on First National's property. Consequently, Hunsaker agrees that 2
parking spaces on its property are hereby reserved for First National. In consideration thereof, at
the time of execution of this agreement, First National shall pay to Hunsaker the sum of $5,000.00
in cash or certified funds. The parking easements are more particularly described in Paragraph 6
below.
2
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3. Utility Easement. Hunsaker hereby grants to First National a perpetual, 20-foot
wide, nonexclusive right-of-way easement for the purpose of constructing, installing, operating and
maintaining underground utilities, including the right to inspect the easement. This easement is
more particularly described in Paragraph 6 below.
4. Conditions of these Easements. The conditions of these easements are:
a. Acceptance of Risk. First National and Hunsaker, their successors in
interest and assigns, hereby waive any and all claims that they may have against the
other relating to the allowance of any third party to use the herein described
easements, First National and Hunsaker each assumes the risk of any and all
damages including property or personal damage associated therewith.
b. Indemnification. Each party shall indemnify and hold the other
harmless for any damage, whether property or personal, to any third party whom
either party allows to use the herein described easements. This indemnification and
hold harmless includes the expenses of reasonable attorney fees, court costs, and
any damages assessed against either party because of the use or maintenance of
the easements by the other party or any reasonably related matter to the easement.
c. Maintenance of Easements. Each party agrees to pay its pro rata
share of the operation and maintenance of the easements annually or at such other
times as they agree. Such pro rata shares shall be determined according to the
amount of land owned by each party. If either of them fails to pay their pro rata
share, the parties shall submit the issue to a mediator selected by their mutual
agreement. If the parties 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. Snow Removal. The parties stipulate and agree that given the size of
First National's property, after construction of its bank building, there will not be
sufficient land remaining on First National's property to accommodate snow removal
from its drive-up, pedestrian and parking areas. Therefore, Hunsaker agrees that as
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long as it places the snow from its retained property on its property, it will provide a
place for removal of First National's snow on Hunsaker's property at no cost to First
National. However, First National shall pay to Hunsaker an amount of money for its
share of the cost of removing the snow from First National's property if Hunsaker
performs that service for First National. In addition, in the event Hunsaker ceases to
remove its snow to a location on its retained property but rather has the snow hauled
away to another location, First National shall pay its share of the cost to remove and
haul the snow to such location. First National's share of the expense of snow
removal shall be determined on a pro rata basis according to the amount of land
owned by each party.
5. Property Benefited by Easements. The Access Easements Parking Easement
benefit both First National's property and Hunsaker's property, The Utilities Easement benefits First
National's property.
6. Description of Easements. The Access Easements are more particularly
described on Exhibit A which is attached and incorporated herein by this reference. The Parking
Easements are described as any location on the property of either party that is improved or
designated for parking. The Utility Easement is more particularly described as the west 20 feet of
Lot 716 as depicted on Exhibit A.
7. Binding Effect. The terms and conditions of this easement shall be binding upon
and inure to the benefit of th~ heirs, successors in interest and assigns of the parties named in this
instrument.
8. Waiver of Homestead Rights. The grantor hereby waive and release all rights to
the described easement under and by virtue of the homestead exemption laws of the State of
Wyoming to the extent that such rights may interfere with the purposes of this easement.
IN WITNESS WHEREOF, we have hereunto set our hands as of the 13th day of January,
2006.
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First National Bank - West,
By
STATE OF WYOMING
COUNTY OF "h mG.
ss.
On this -1- day of Fe,.\:x-œ( li--, 2006, before me personally appeared Michael
Seppala, to me personally known, who, being by me duly sworn, did say that he is the President of
First National Bank - West, a national banking association, described in and which executed the
foregoing instrument; that said instrument was signed in behalf of said corporation by authority of
its Board of Directors; and said Michael Seppala acknowledged said instrument to be the free act
and deed of said corporation.
Given under my hand and notarial seal the day and year first above written in this certificate.
ERIKA D. GEORGE· NOTARY PUBlIC
County 01 . Stat. 01
Uinta Wyoming
Commilllo" E.pir,. Jun. 9. 2009
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NOTARY PUBLI -
My commission expires: J\. N q I LOO<1 '
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STATE OF WYOMING
ss.
COUNTY OF LINCOLN
On this 13th day of January, 2006, before me personally appeared John E. Hunsaker and
Eddie O. Hunsaker, to me personally known, who, being by me duly sworn, did say that they are
the Managers of Hunsaker Development LLC, a Wyoming limited liability company, described in
and which executed the foregoing instrument; and that said instrument was signed in behalf of said
limited liability company by authority of its Operating Agreement and members; and said Eddie O.
Hunsaker and John E. Hunsaker acknowledged said instrument to be the free act and deed of said
limited liability company.
Given under my hand and notarial seal the day and year first above written in this certificate.
G~RALD L. GOULDING· NOTARY PuaUC
County of A State of
Unco/n 'W Wyoming
My Commission Expires May 2, 2007
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NOTARY PUBLIC
My commission expires: May 2,2007.
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INDICA TES A CALCUA 1m I'OSITICN.
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INDICA TES RECORD LOT LINE.
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