Loading...
HomeMy WebLinkAbout938575 DOUBLE L RANCH RECREATIONAL LICENSE OVERVIEW 000193 Property Owners of Double L Ranch, by virtue of their ownership of a Double L Ranch Home Site, are granted a recreational license for the recreational use of Double L Ranch owned lands, for the duration of their ownership of their home site. This recreational license grants the resident and their immediate family access and use, as further defined in the Recreational License.Agreement and includes the following: License for access and use of the entire Double L Ranch Property, under the "Shared Ranch" concept, including all owned and leased lands: · · · · · · · ¡ '} · J/. c\ · · · · · · · · · Riding Trails Corrals Hiking Trails Cross Country Ski Trails Natural, Interpretive and Preservation Areas Ranch Wetlands Salt River and Ranch Ponds Boat Landing Areas Roadways Bridges 3,000,000 acres of the Caribou National Forest directly adjacent to the lands of Double L Ranch Double L Ranch Saloon/Clubhouse Double L Equestrian Center Guest cabins and houses Golf Course Airstrip Access and use of Double L Ranch lands by Property Owners will be limited by the requirement to maintain all facilities and subject to such reasonable rules as may be set by Double L Ranch. Such rules may include scheduling, safe operations, and similar rules that are reasonably necessary for harmonious and safe use of the facilities. RECEIVED 4/29/2008 at 4:11 PM RECEIVING # 938575 BOOK: 693 PAGE: 193 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 1 - RECREATIONAL LICENSE DOUBLE L RANCH RECREATIONAL LICENSE 000194 THIS AGREEMENT, is between GRANTOR: THE DOUBLE L RANCH, L.L.C, a Wyoming corporation 415 Stateline Rd. P. O. Box 132 Freedom, Wyoming 83120 and, GRANTEE: (All grantees are collectively referred to as "Grantee" in this Agreement.) WHEREAS, Grantor is the owner of the following described property hereinafter referred to as "Grantor's Property:" All of those tracts of record in the Office of the Clerk of Lincoln County in Book 561 of Photostatic Records on page 577 within NWl/4NWl/4 and Lot 3 of Section 28, T36N, R119W, Lincoln County, Wyoming. Excepting, however, the following described tracts of land: All of the Double L Ranch West Subdivision, Lincoln County, Wyoming as depicted on that plat filed in the Office of the Clerk of Lincoln County as Instrument No. 927422. All of the Double L Ranch East Subdivision, Lincoln County, Wyoming as depicted on that plat filed in the Office of the Clerk of Lincoln County as Instrument No. 927425. WHEREAS, Grantee has purchased a home site in Double L Ranch subdivision, which is located within the boundaries of a private ranch. WHEREAS, Grantor desires to permit Grantee to use The Double L Ranch property adjacent to the subdivision for certain recreational activities, provided such use is in compliance with this agreement. 2 - RECREATIONAL LICENSE NOWTHEREFORE, Grantor grants to Grantee the following recreational rights in Grantor's Property, and access to other recreational providers, subject to the conditions, covenants, restrictions, regulations, reservations and easements set forth in this Agreement: 0001.95 A. RECREATIONAL USES 1. HIKING AND GENERAL RECREATIONAL ACTIVITIES. Grantee may use Grantor's property for the purposes of hiking, bird watching, picnicking, and other general recreation. Grantee acknowledges and agrees that all gates on the premises will be left as Grantee found them. All picnicking shall be "no trace." 2. FISHING. Grantee may fish in the Salt River as it traverses Grantor's property. Grantee may access the river from any point on Grantor's property. Grantee understands and agrees that Grantee is responsible for obtaining any fishing license required by state law, compliance with state fishing ,legulations, and knowing where the boundaries of Grantor's property are located. Grantee acknowledges and agrees that this recreational license grants no rights of access to adjacent properties. Grantee may also fish in fishing ponds on the Grantor's property, but such usage may be controlled from time to time by regulations governing catch and release, and size and quantity of fish taken. 3. HORSEBACK RIDING. Grantee may ride horses on the premises and access the national forest, provided that the Grantee owns the horses and tack or uses club horses. This provision does not allow boarding or keeping of horses on the premises. 4. HUNTING/TARGET PRACTICE. Target practice, or use of firearms shall be permitted on Double L Ranch property in designated areas. Such hunting authorization is separate from this license. 5. BIKE RIDING. Grantee may ride mountain and road bikes on the interior roads and trails within the Grantor's property, but shall not create new trails. 6. GOLF COURSE. Grantee may use the golf course without payment of greens fees, subject to reasonable rules of use and scheduling that may be adopted by Grantor. Such rules may include conduct on the course and limitations on availability due to weather, maintenance, or prior scheduling of the course. 7. GRASS AIR STRIP. The air strip is available without fee to Grantee and Grantee's Permissive Users. Users assume all responsibility with respect to the condition of the airstrip and landing or take off conditions. The air strip is a high elevation, back woods air strip without air traffic control, fuel or other services. Grantor may establish reasonable rules for 3 - RECREATIONAL LICENSE ·A 0001.96 use of the air strip. Grantee acknowledges that there may be wildlife or hazards on the air strip. Grantee assumes all risks with respect to using the air strip. Grantee shall indemnify and hold Grantor hannless of any liability arising out of Grantee's use of the air strip or Grantee's Permissive User's use of the air strip. 8. THE DOUBLE L RANCH SALOON/CLUBHOUSE. The Saloon/Clubhouse is located on Grantor's property, which shall be owned by Grantor. Grantee shall be granted the use of such Saloon/Clubhouse, which is presently anticipated to include a kitchen, a bar area and a furnished lounge, game and billiards and theater area. Access and use of the lodge facilities shall generally be without charge to Grantee; however, Grantee will have to pay fees in effect from time to time for uses that would include, but not be limited to, private parties and receptions and the use of the private guest rooms. 9. THE DOUBLE L EQUESTRIAN CENTER. An equestrian center will be located on Grantor's property, which shall be owned by Grantor, although the Homeowner's Association shall pay certain administrative expenses, Grantee may use this facility for scheduled riding in the pastures, at no charge. However, other uses of the facility, including but not limited to horse boarding, feeding, training and riding lessons will be made available on a fee basis. B. RESTRICTIONS All recreational uses shall be subject to the following restrictions: 1. GRANTOR'S SUPERIOR RIGHTS TO USE PROPERTY Grantee further acknowledges that Grantor's operations may, from time to time, limit Grantee's recreational activities, including but not limited to, preventing Grantee from certain areas where Grantor is undertaking environmental protective measures such willow regeneration, wetland enhancement or noxious weed control. 2. ACCESS AND ROAD RESTRICTIONS. In exercising recreational rights on Grantor's Property, Grantee shall use vehicles on and within the roads designated. Off road access or use must be on foot or horseback. Any vehicles parked along an authorized road must be parked in a manner allowing others to use the road and in a manner which does not interfere with or damage uses of or property on Grantor's Property. Grantor is under no obligation to maintain or repair any authorized road. Grantee understands and agrees during certain times of the year authorized roads may be non-accessible. Grantee shall be responsible for any repair or maintenance required to the authorized roads as a result of exercising rights under this Agreement. 3. RECREATIONAL USES WITHOUT FEE. Except as otherwise specified herein, Grantee may participate in the above-identified recreational uses without charge. 4 - RECREATIONAL LICENSE 0001.97 4. HAZARD PROVISION. Grantee understands that, while recreating in an natural area, Grantee may encounter variations in terrain that are his or her responsibility, such as creeks, water, bridges, traveled roads, stumps, wild animals, snakes, forest growth, debris, rocks and other obstacles whether they are obvious or not obvious, man- made or natural, and Grantee assumes these risks. 5. LIABILITY FOR TRESPASS OR FISH & GAME VIOLATIONS. Grantee is granted only the recreational rights expressly listed. Any other use of Grantor's Property shall be by express permission of Grantor on a case-by-case basis. Grantor is not liable in any manner for any fish and game, trespass or other violations committed by anyone exercising rights under this Agreement. Grantee shall indemnify, save, hold harmless and protect Grantor, its successors and assigns, from any claims, damages, liabilities, causes of action or losses, including without limitation attorney's fees and court costs, arising out of, related to or resulting from any fish, game, trespass or other violations committed by anyone exercising rights under this Agreement by or through the Owner of Grantee's Property. 6. INDEMNIFICATION. Grantee, for Grantee, and all of Grantee's Permissive Users, successors, executors and subrogees, hereby knowingly and intentionally waive, release, indemnify and hold harmless Grantor, its members, o~ficers, agents, employees and volunteers from and against all claims, causes of action, liabilities, suits and expenses (including attorneys fees) for personal injury or property damage arising out of or incident to my participating in any recreational activities, whether such damage, loss, injury or death results from negligence, or some other cause. C. MISCELLANEOUS 1. GRANTEE'S PERMISSIVE USERS. Grantee's Permissive Users shall include only the owner of the home site, his or her spouse, parents, lineal descendants and invited guests when authorized by the Grantee, all of whom are referred to as Permissive Users. The Grantee remains responsible to see that all Permissive Users at all times comply with the restrictions and terms of this Agreement. All Permissive Users are subject to all terms of this Agreement, including without limitation paragraphs 4, 5, and 6 of Section B. 2. EXCLUSIVE RIGHTS. The Rights set forth in this license shall be exclusive to Grantees, and with Grantee's permission, Grantee's Permissive Users. 3. NO PUBLIC RIGHTS. Nothing herein shall be construed to grant the general public the right to any access to or through or recreational use in Grantor's Property, except as provided for under the Wyoming Game and Fish Salt River easement. 4. NO SEVERANCE OF RIGHTS. The rights granted under this Agreement shall not be 5 - RECREATIONAL LICENSE 000198 severed, conveyed, leased or in any way transferred separate from a transfer of Grantee's Property . 5. ENVIRONMENT AND MAINTENANCE. Every attempt within the reasonable control of a person exercising recreational rights under this Agreement shall be made to preserve, protect and not damage the Grantor's Property. Grantee shall be liable for any damage to Grantor's Property caused by anyone claiming to exercise recreational use of Grantor's Property through Grantee, which damage would not have occurred had the person's conduct been reasonable and prudent under the circumstances. 6. ENFORCEMENT. This Agreement may be enforced by the parties to it. In the event a party fails to comply with this Agreement after reasonable notice and opportunity to correct, the other party shall have the right to enforce by proceeding at law or in equity all terms herein imposed. The provisions of this Agreement may be enforced by using either an action for damages arising out of a violation, or by an action to abate a nuisance, or an action to restrain a threatened or prospective violation, or restrain a continuing violation, or any other remedy permitted by law or equity. In any action of any kind for the enforcement of this Agreement, if the relief paid for is granted in whole or in part, the applicant for relief shall be entitled to recover all costs incurred in such action or appeal of such action, including court costs and reasonable attorneys' fees. 7. TERM This Agreement expires upon the sale, transfer, bequest, or other divestiture of any interest in either party's property. The new purchaser of Grantee's Lot shall have the right to enter into the then current Recreational License Agreement with Grantor. Grantee's rights to use the Property may be terminated if Grantee or Grantee's Permissive Users persistently violate Grantee's obligations hereunder. Before such termination, Grantor shall give Grantee at least ten (10) days written notice concerning the alleged violations. The Board of Directors of the Homeowners Association shall meet, with Grantor and Grantee both present, and each one shall be permitted to present their side of the controversy. If Grantee is found to have violated any material provisions of this Agreement on three or more occasions, Grantor may suspend or terminate Grantee's Recreational License. 8. NO INTEREST CREATED. Grantee acknowledges and understands that this License Agreement provides only permissive access on, and use of, Grantor's property. Grantee further understands and agrees that this License Agreement creates no ownership interests in Grantee. 9. INVALIDITY. Invalidity or unenforceability of any provision of these restrictions in whole or in part shall not affect the validity or enforceability of any other provision or valid and enforceable part of a provision of these restrictions. 6 - RECREATIONAL LICENSE D. PERMITTED HUNTING ACTIVITIES 0001.99 1. HUNTING ACTIVITY. As provided in Article IX, Section 9.11 of the Declarations, Restrictions, Protective Covenants and Conditions for Double L Ranch Homeowners' Association, Inc., limited recreational hunting activity will be permitted on the lands of Double L Ranch, in accordance with the wildlife management, conservation and habitat preservation mission of the Ranch. All such hunting shall be by special authorization granted through written tag or permit issued by the Ranch Manager or advance reservation for hunting blinds made through the Ranch Manager. 2. ADDITIONAL RESTRICTIONS. Article IX, Section 9.11 of the Declarations, Restrictions, Protective Covenants and Conditions reads as follows: No hunting or other use of firearms shall be permitted on any Lot or common area, except as set forth herein. The Double L Ranch, LLC, will allow duck and goose hunting on the designated wetland ponds adjacent to the Property. Any hunting will require Department of Fish, Wildlife and Parks licenses or permits. Any Lot Owners participating in hunting activity shall indemnify, defend and hold harmless The Double L Ranch, LLC, from any liability for injury or property damage incurred by the Lot Owner, guest, or third party while participating in such activity. WAIVER: Failure to enforce any provision or condition of these restrictions shall not operate as a waiver of any such provision or condition or of any other provision or condition. IN WITNESS WHEREOF, THE UNDERSIGNED HA VE SIGNED THIS AGREEMENT ON THE DATE SET FORTH IN THE ACKNOWLEDGEMENTS OF THEIR SIGNATURES. By: GRANTEE: 7 - RECREATIONAL LICENSE 000200 STATE OF WYOMING ) :SS County of Lincoln ) This instrument was acknowledged before me on this ~ day of ~ \ \ 20~, by '\-.. 'A\('Q '\\\'R-\-c,.;['\::--,cl\ , as the Managing Member of the DOUBLE L RANCH, LLC. (SEAL) LISA SPAULDING. NOTARY PUBLIC COUNTY OF LINCOLN STATE OF ¿, WYOMING ( MYCOMM. EXP. 711/2011 ~~~~\~ Y Public, State of Wyomi g) Residing at: \.: \ {\ I.. ÙY\ ~'-\ "'-1:-ù My Commission expires: ~ \- <1.. '>~ \\ STATE OF WYOMING ) :SS County of Lincoln ) This instrument was acknowledged before me on this _ day of 20_, by , as the owner of Home Site No. of the DOUBLE L RANCH. (SEAL) Notary Public, State of Wyoming Residing at: My Commission expires: recreational license. final 8 - RECREATIONAL LICENSE