HomeMy WebLinkAbout938119
RECEIVED 4/8/2008 at 9:35 AM
RECEIVING # 938119
BOOK: 691 PAGE: 528
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Ö00528
RECIPROCAL EASEMENT AGREEMENT
This RECIPROCAL EASEMENT AGREEMENT (the "Agreement") is made by
MAFFEI COMMERCIAL, LLC, a Utah limited liability ("Commercial"), and MAFFEI
COMMERCIAL II, LLC, a Utah limited liability company ("II") (collectively Commercial and
II are hereinafter referred to as "the Parties").
RECITALS
A.
WHEREAS, Commercial is the owner of those certain parcels of land in
Kemmerer, Lincoln County, Wyoming ("the Commercial Parcels"), more
particularly described as:
The Lots No. Seven (7), Eight (8), Nine (9) and Ten (10) of the Block No.
Sixty-one (61) in the Second Addition to the Town of Kemmerer, County of
Lincoln, State of Wyoming, as surveyed, platted and recorded in the Office
of the Lincoln County Clerk and Ex-Officio Register of Deeds, together
with all buildings and improvements thereon, or thereunto in anywise
appertaining.
Lots 11 and 12 of Block 61 of the second Addition to the Town of Kemmerer,
Lincoln County, Wyoming as described on the official plat thereof.
B.
WHEREAS, II is the owner of those certain parcels of land in Kemmerer, Lincoln
County, Wyoming ("the II Parcels"), more particularly described as follows:
Lots 3, 4, 5 and 6 of Block 61 of Second Addition to the Town of Kemmerer,
Lincoln County, Wyoming as described on the official plat thereof.
C.
WHEREAS,. because the Commercial Parcels and the II Parcels are adjacent to
each other, the Parties desire to provide for reciprocal easements to provide for a
common parking area across Lots 5, 6, 7, and 8 as described above.
NOW THEREFORE, in consideration of the mutual promises and covenants contained in
this Agreement, the Parties hereto agree as follows:
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000529
1. Grant of Easement by Commercial. Commercial hereby grants to II and its
"authorized users" a perpetual and non-exclusive easement for the purposes of vehicle parking
on Lots 7 and 8 (as described above) and vehicular and pedestrian ingress and egress to and from
the adjacent city street known as Pine Avenue to Lots 7 and 8, SUBJECT TO all covenants,
conditions, easements, right-of-way, reservations and restrictions now ofrecord.
2. Grant of Easement by II. II hereby grant to Commercial and its "authorized
users" a perpetual and non-exclusive easement for the purposes of vehicle parking on Lots 5 and
6 (as described above) and vehicular and pedestrian ingress and egress to and ftom the adjacent
city street known as Pine A venue to Lots 5 and 6, SUBJECT TO all covenants, conditions,
easements, right-of-way, reservations and restrictions now of record.
The foregoing easement shall not apply to the portion of Lot 5 on which a building has
already been erected as of the date of this Agreement.
The term "authorized users" in Paragraphs 1 and 2 refers to each of the Party's tenants,
owners, members, managers, and each of their respective agents, employees, customers, and
invitees, but not the general public. The Parties and their authorized users shall no do nor permit
any act or acts that will unreasonably prevent or hinder the easement rights of any other Party
and its authorized users, except as provided below in Paragraph 5.
3. Purpose. The purpose of the reciprocal easements described in Paragraphs 1 and
2 is to provide a common parking area for the existing buildings presently located on the
Commercial Parcels and the II Parcels, travel within such parking areas, and common and shared
access from such parking acres to the adjacent city street.
4. Term. The reciprocal easements described in Paragraphs 1 and 2 shall continue
indefinitely and shall run with the land and shall terminate only upon written agreement of all of
the Parties or their respective successors in title.
5. Annual Right to Prohibit Access. Each ofthe Parties shall have the unrestricted
right each January 1 (or such other date as they mutually agree) to erect barriers across the
easements for the purpose of prohibiting the general public's access to and across the easements
described in Paragraphs 1 and 2. Such barriers shall be erected for the exclusive purpose of
interrupting the continuous use of the easements to prevent them ftom becoming a public
thoroughfare.
7. Future Maintenance. All future maintenance of the parking areas on Lots 7 and 8
shall be the sole responsibility of Commercial, and all future maintenance of the parking areas on
Lots 5 and 6 shall be the sole responsibility of II, without right of contribution by the other Party.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the dates
indicated, to be effective as of the last date all parties have signed this Agreement.
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COMMERCIAL:
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Maffei Commercial, LLC
a Utah limited liability company
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David M. Maffei, anager
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Robert. afféÍ, Manager
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Maffei Commercial II, LLC
a Utah limited liability company
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David M. Maffei, anager
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Robert J. ijitfei, nager
ACKNOWLEDGMENT
County of Lincoln )
The foregoing instrument was acknowledged before me this ~ day of April, 2008, by
David M. Maffei and Robert J.iMaffei, in their capacities as managers of Maffei Commercial,
LLC.
MARISA HARTMANN NOTARY PUBLIC
COUNTY OF . STATE OF
LINCOLN WYOMING i
MY COMMISSION EXPIRES FEIIRIMRY 5, 2012 :
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ACKNOWLEDGMENT
State of Wyoming )
: ss.
County of Lincoln )
The foregoing instrument was acknowledged before me this ~ day of April, 2008, by
David M. Maffei and Robert J. Maffei, in their capacities as managers of Maffei Commercial II,
LLC.
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~otary P .
MAR1SA HARTMANN NOTARY PUBLIC
COUNTY OF . STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES FEBRUARY 5, 2012
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