HomeMy WebLinkAbout935597
RECEIVED 12/14/2007 at 4:45 PM
RECEIVING # 935597
BOOK: 681 PAGE: 254
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY 000254
JOINT EASEMENT AGREEMENT
This agreement, made the -.1L day of December, 2007, by and between RON
HARTLEY and CLAUDIA HARTLEY, husband and wife of Thayn,e, County of
Lincoln, State of Wyomíng, and TIM ALLRED and CYNTHIA ALLRED, husband and
wife, of 16 Cedar Creek Drive, Town of Thayne, County of Lincoln, State of
Wyoming.
RECITALS
A_ The parties to this agreement are the owners and/or have an interest in the
lands located in Lincoln County, State of Wyoming, consisting of two parcels; and
R RON HARTLEY and CLAUDIA HARTLEY are the owners of the property
identified as Lot 11 as shown on CMR Subdivision Second Filin!~ Identícal with Lot
5 and Lot 12 of CMR Subdivisíon within the SW1/4NW1/4 Section 23, T35N,
R119W, Lincoln County, Wyoming," according to that plat filed in the Office of the
Lincoln County Clerk on June 15, 1995, Instrument No. 803595, Plat No. 363
hereafter referred to as RON HARTLEY and CLAUDIA HARTLEY'S land;
C. TIM ALLRED and CYNTHIA ALLRED, are the owners of ttle property
identified as Lot 17 as shown on "CMR Subdivision Second Filin!~ Identical with Lot
5 and Lot 12 of CMR Subdivision within the SW1/4NW1/4 Section 231 T35N,
R119W, Lincoln County, \Nyoming," as described on the offìcial platfiled on June
15,1995 as an Instrument No. 803595 of the records of the Lincoln County Clerk,
hereafter referred to as TIM ALLRED and CYNTHIA ALLRED's land.
Common Easement lof 10
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3078851002
""OWERS LAW FIRM
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000255
D. The undersigned parties to this agreement have or will havl~ buildings and
structures being both commercial and residential, which they desire to access
through a joint easement and roadway as shown on the plat titled uCMR
SUBDIVISION SECOND FlUNG IDENTICAL WITH LOT 5 AND LOT 12 OF GMR
SUBDIVISION WITHIN THE SW1/4NW1/4 SECTION 23, T35N, 4119W, LINCOLN
COUNTY, WYOMING, dated 3 July 2007."
E. The undersigned parties intend that the roadway easement will be available
to the undersigned parties, their heirs and assigns and Îs to run with the land_
F. The undersigned partìes intend that the joint roadway eaSE~ment is to both
burden and benefit parcels 11 and 17 as shown on the plat titled "CMR
SUBDIVISION SECOND FILING IDENTICAL WITH LOT 5 AND LOT 12 OF CMR
SUBDIVISION WITHIN THE SW1/4NW1/4 SECTION 23/ T35N, 4119W LINCOLN
COUNTY, WYOMING, dated 3 July 200711 in the Town of Afton, Lincoln County,
Wyoming.
G. The parties desire that, at such tíme any improvement to the roadway
easement is made, the cost is to be shared proportionately betwl3en the parties. The
payment of the shared cost is to be born by the party instigating ithe improvements
and shall be reimbursed at a later date by the hereÎnstated other parties as they
divide, develop or use their property and to use the roadway as agreed upon by the
parties.
ßower.~ Law Firm, PC
685 Soulh Washin.øon
/'0$( O./Jíçe Box 1550
Alton, Wyoming 83110-1550
Common Easement 2 olIO
000256
H. The parties intend that once the joint roadway easement is improved, each of
the parties shall maintain the roadway easement and the ways of access to it on the
property belonging to each, and each of the parties shall contribute to the
maintenance of the roadway easement proportionately for their share.
I
I. The parties intend that the roadway easement as shown on Exhibit A and the
plat titled, ,jCMR SUBDIVISION SECOND FILING IDENTICAL WITH LOT 5 AND
LOT 12 OF CMR SUBDIVISION WITHIN THE SW1/4NW1/4 SECTION 23, T35N,
4119W, LINCOLN COUNTY, WYOMING, dated 3 July 2007," shall include the right
of egress, ingress, and utilities, both above and below ground_
J. The parties intend that sewer, water, telephone and other utilities related to
their individual property, shaH be utilized and may be placed in any reasonable
manner upon the joint easement, not interfering with the reasonable use of the other
property owners to this agreement.
SECTION ONE
JOINT EASEMENT
1. The undersigned parties, their heirs, successors, and assigns, hereby grant
and convey a non-exclusive perpetual easement for ingress, egr1essand above
ground and underground utilities in favor of their real property described herein, the
easement hereby benefitting and burdening the property described herein, and the
perpetual easement being more particularly described as follows:
Bower., Law Firm, PC
685 Svuth WashíT7gtoT7
Post Office Box /550
Afton, Wyoming 8JJlO-l ;50
CommOI1P;a..~ement j of 10
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""OWERS LAW FIRM
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000257
The east thirty (30) feet of Lot 16 and the east thirty (30)
feet of Lot 17 as shown on Second Filing Identical with
Lot 5 and Lot 12 of CMR Subdivision within the
SW1/4NW1/4 Section 23, T35N, R119W, Lincoln
County, Wyoming, also shown on Exhibit A attached
hereto and made part of this document by referencl~ and
incorporation as if set fully herein.
2. The irrevocable rights and interests granted and conveyed in this joint
easement agreement shall allow each owner, its successors and assigns and the
tenants located on any owner's land, to use the herein described joint easement.
Each undersigned owner, on behalf of itself, its successors and assigns, covenants
to the other party through this agreement, their successors and assigns, and the
tenants of the property of any of the undersigned owners, that they shall have an
easement and right-of-way access for ingress and egress across the herein
described easement.
3. The parties understand and agree that the easement created by this
document may be used to instail utilities, including water, sewer, power, telephone
and other utilities, both above and below the ground, to access their herein
described land of the parties, their heirs, successors and assign$_
4. The herein described easement is created for the purposes for vehicular and
construction access and ingress and egress to and utilities. The herleìn created joint
easement is to be mutually enjoyed by each party, their heirs, successors and assigns
and tenants of the parties.
Bower,s .T...aw Firm, PC
685 South WashingtQn
p(}.~t Offiçe Box 1550
Ajton, Wyoming 83110-1J50
Common Easement 4 of 10
000258
5. The parties hereby agree and declare that the herein described joint
easement shall include the right to install utilities, both above and below the ground,
including but not limited to, water, sewer, power, telephone and other utilities.
SECTION TWO
MAINTENANCE OF JOINT EASEMENT
1. At such time as any improvement to the joint easement is initially made, the
cost is to be shared proportionately between the parties, their heirs, and successors
instigating the improvements and to be reimbursed at a later datE~ by agreement of
the parties as they divide, develop, and use the property and the roadway,
2_ After the initial construction and improvements of the joint easement, each
party to this agreement shaH be responsible for one half the costs and expenses of
repair, maintenance and snow removal over the joint easement.
SECTION THREE
MISCELLANEOUS
1, The mutual promises and agreements of the undersigned parties shall serve
as sufficient consideration and payment under this agreement.
2. The parties, their heirs, successors and/or assigns, shall not use the
easement or obstruct the herein described easement in any way that will impair the
rights of the other parties, their heirs and assigns, in the enjoyment and use of the
easement.
80wers Law Firm.. PC
685 South Washington
Post Office Box /550
Aflon, Wyoming 83//0-/550
Comm012 Ea.rement 5 Qf J 0
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lOWERS LAW FIRM
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3. The joint grant of easement shall run with the land and shalll be binding on
and shall inure to the benefit of the partíes of this agreement, their respective heirs,
successors, and/or assigns.
4. Each of the undersigned parties agree to indemnify and hc)id the other
harmless from and against any and all liability for personal injury or property
damage, when such injury or damage is a result from, or arises Clut of, or is
attributable to any use, maintenance or repair undertaken by one party.
5. The parties expressly understand and agree, for themselves, their successors
and assigns, and on behalf of all tenants, guests of tenants, agents, employees, and
business invitees, that no party to this agreement shall have any liability to any other
party or any other person or party for any damage or injury in connection with the
shared facilities located on any land other than the one owned by the respective
party as a consequence of entering into this agreement or any 01: the actions taken
in performance of this agreement. Each party will hold the other owners harmless
from any and all liabilities or costs incurred in connection with thE~ easements and
the facilities subject to this agreement, such as utility pipes or Hnles.
6. In absence of a written agreement between the parties, usage of the shared
facilities and of the easements, rights, and licenses that are established under this
agreement shall be in accordance with such reasonable usage as is normal and
customary for apartment projects of the type now owned or to be constructed and
BQwer,~ Law Fìrm, PC
685 South Wa.fhington
Post Office Box 1550
AflQn. Wyoming 831IO-1550
Common Easement 6 of 10
operated by the parties.
7. Any dispute, controversy or claim arising out of or in connection with or
000260
relating to this agreement or any breach or alleged breach of this agreement shall,
on the request of one of the parties, be submitted to and settled by arbitration as
follows: Each party shall select a person not related or affiliated t~, the selecting
party and the selection shall be made within 30 days after the request for arbitration
by either party. The two arbitrators so selected shall choose a third independent
arbitrator and then render a decision within 30 days after the se!E~ction. The costs of
the arbitrators and the arbitrators' fees, if any, shall be shared equally by the parties
to the arbitration; provided, however, that the arbitrators ìn their sole discretion may
allocate costs and fees to one of the parties to the arbitration if they believe that one
of the parties unreasonably caused a dispute, controversy or claim to be submitted
to arbitration. Each party shall be responsible for experts and att()rneys engaged by
the party on its behalf. A decision of two of the three arbitrators shall be
determinative. Any decision rendered by arbitrators shall be final and conclusive on
the parties and a judgment on the decision may be entered in Lincoln County Court
for and in behalf of the State of Wyoming.
8. With respect to the property owned by it, each party agrees to indemnify and
hold the other harmless from all claims of every kind, of every person, including
without limitation, employees of the indemnifying party, contractors, tenants of the
indemnifying party, and subtenants or concessionaires of any tenants, and
Bower.f Law Firm, rc
68j Suulh WQJhillgto/2
PO.VI Office Box 1))0
Aftol1. Wyoming 83//0-/55Q
Common EæJrimel11 7 of 10
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employees, guests and business invitees of any tenants, subtenants or
concessionaires, which claims arise from or out of the construction, use, occupancy,
or possession of the property owned by the indemnifying party.
9_ It is agreed that this agreement shall be governed by, construed and enforced
in accordance with the laws of the State of Wyoming.
10. This agreement shall constitute the entire agreement between the parties
and any prior understanding or representation of any kind, preceding the date of this
agreement shall not be binding upon either party except to the extent incorporated in
this agreement.
11. Any modification of this agreement or additional obligation assumed by
either party in connection with this agreement, shall be binding only if evidenced in
writing, signed by each party, or authorized representative of each party.
12. The failure of either party to this agreement to insist upon the performance
of any of the terms and conditions of this agreement or the WaiVE!r or of any breach
of any of the terms and conditions of this agreement, shall not be construed as
thereafter waiving any such terms and conditions. but the same shall continue and
remain in full force and effect, 65 if no forbearance or waiver had occurred.
13. The undersigned parties, being grantors, hereby waive and release any and
all rights to the described easement under and by virtue of the homestead
exemption laws of the State of Wyoming.
Bowers Law Firm, PC
68$ South Washington
PO.ft Office Box J 550
Alton, Wyoming 8JJ.lO~J5jO
Common Easemel1t 8 of 10
000262
IN WITNESS WHEREOF, each party to this agreement has c¡~used it to be
executed on the date indicated below.
DA TED this -II-- day of December, 2007.
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TIM ALLRED
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CY THIA ALLRED
STATE OF WYOMING
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Bower.f Law Firm, PC
68.5 SVUlh WCI$hìngton
PO.ft Office BQX 1.5.50
AjÌ(m, WY<lmif'lg 83lJO~/SSO
Common Easement 9 of 10
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COUNTY OF LINCOLN
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000263
The foregoing instrument was acknowledged to before me by RON HARTLEY
and CLAUDIA HARTLEY on the / / day of December, 2007.
,
WITNESS my hand and official seal.
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NOTARY PUBLIC
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COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by TIM ALLRED and
CYNTHIA ALLRED, who appeared before me this \ \ day of DE~cember, 2007.
WITNESS my hand and official seal.
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My commi 'sion expires:
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STEPHANIE BARRUS - NOTARY PUBLIC
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My Commission Expires August 3, 2011
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685 SQuth Wa.shingtolf ¡,
Post Office Box 1 550 ~'
Aflon, Wyoming 831 to-i 550
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