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RECIPROCAL EASEMENT
AND
USAGE AGREEMENT
C'00749
This Agreement (hereinafter referred to as this "Agreement") made and entered
into this _2_ day of
March
,2006, by and between SanGam,
LC, hereinafter referred to as "SanGam"; Cynthia H. Allred, a married person,
hereinafter referred to as "Allred"; C.A. Fullmer Family, LLC, hereinafter referred to as
"Fullmer"; Rolene Kennedy and Eldin Kennedy, husband and wife, hereinafter referred
to as "Kennedy"; and Castle Rock Dodge, Chrysler, Jeep, hereinafter referred to as
"Castle Rock; Robert Hammond and Lisa Hammond, Trustees of the Robert and Lisa
Family Trust hereinafter referred to as "Hammond"; and Custom Construction INC,
hereinafter referred to as "Custom."
RECITALS
A.
All of the above described parties are contemplating purchasing the
following described property, hereinafter referred to collectively as "Big
Ridge Estates":
as more described on Exhibit "C", a copy of which is attached hereto and
by this reference made a part hereof.
B.
It is contemplated that said property will be purchased in the
following increments, as set forth on Exhibits "A-1" and "A-2", copies of
which are attached hereto, and by this reference made a part hereof.
RECEIVED 6/19/2008 at 1 :06 PM
RECEIVING # 939916
BOOK: 697 PAGE: 749
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
c.
C)00750
Attached hereto marked Exhibit "B", and by this reference made a
part hereof, is a plat generally depicting the above described property and
generally depicting the location of roadways and general access points.
D.
The above described parties are desirous of setting forth, in this
agreement, certain terms and conditions relating to the granting of
reciprocal easements for ingress, egress and utilities, pertaining to the
property, as well as, generally setting forth certain restrictions and
obligations pertaining to the maintenance of roadways generally
contemplated by said agreement.
E.
All of the above described parties desire to grant easements to
each other and the guests and invitees of said parties to travel over and
across the common roadways that are contemplated for this development
so as to allow all parties access for themselves, their invitees and guests
to the Bridger National Forest property that is adjacent to the above
described Big Ridge Estates. Said access being for the purpose of
vehicular, pedestrian and livestock.
F.
The parties are also desirous of setting forth certain conditions
relating to the usage and common maintenance expenses
associated with the property.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other
good and valuable consideration, in hand paid, receipt of which is hereby acknowledged
between all of the parties, and the terms and covenants generally set forth herein, the
parties agree as follows:
1.
It is contemplated that the Big Ridge Estate property above
described will be purchased by the respective parties as set forth on
2.
Ü00751.
Exhibits "A-1" and "A-2", and when the transaction closes, each one of the
respective parties will own fee simple ownership to the property as
designated on said Exhibit "A-1" and "A-2".
ft is contemplated that roadways will be constructed to access the
Bridger National Forest property that is adjacent to the Big Ridge Estates
in the general manner as set forth on Exhibit "B" and will therefore cross
the various portions of the property owned by the individual owners.
That the survey work to complete the exact location of the roadway
cannot be completed until after the closing of this transaction and all of the
parties do hereby agree that once the survey work IS completed and the
exact location of the easement for the purpose of accessing the Bridger
National Forest property and the individual parcels of property are
designated by said survey; that they will sign any and all necessary
documents for the purpose of granting a common access easement
across the property generally depicted on Exhibit "B" for the purpose of
providing access by means of vehicular traffic, pedestrian traffic and
livestock passage across the property generally depicted on Exhibit "B" to
access the forest, and each individual parcel. This access easement will
be for the owners of any of the property located within the Big Ridge
Estates their invitees and guests. However, this easement is not for the
purpose of providing or creating a public right-of-way or access to anyone
other than owners of the property generally referred to as the Big Ridge
Estates and their specific invitees and guests. This easement is also not
3.
000752
4.
for the purpose of providing or creating a public right-of-way or access to
the Bridger National Forest or to any other public lands. In addition to the
easement to be provided to the respective parties herein, all of the parties
do hereby agree, and do hereby grant unto Earl Darway, his invitees and
guests, an easement during the lifetime of said Earl Darway, for the
purpose of accessing the above described property on the roadways as
generally depicted on Exhibit "B", for the purpose of providing access from
Earl Darway's property, which is adjacent to Bitter Creek, over and across
the roadways as marked on Exhibit "B", by means of pedestrian traffic or
horseback. It being the intent that this easement is specifically limited to
Earl Darway and his invitees and guests during the lifetime of Earl
Darway, and for the limited purpose of providing access to the U.S. Forest
across the property above described, and shall not be for the purpose for
providing any public access. The easement is specifically limited for the
purpose of providing the easements as specifically restricted herein.
In addition, the parties agree that easement will be provided to
each one of the parcels of property as generally depicted on Exhibits "A-
1 ", "A-2" , and "B" and that each party agrees to grant the necessary
access easement so as to provide easement to each individual quarter
sections of property, the exact location to be designated at a later date,
after the closing, and after the survey work can be completed at that time.
The cost for the construction of the initial roadway to provide access to
each one of the individual quarter sections of property, as generally
Ü00753
5.
depicted on Exhibits "A-1" and "A-2" , as well as the cost to provide
electrical power, phone, and the necessary survey work and other costs
associated with the initial construction of the roadway and installation of
the electrical power and phone, as well as survey work shall be paid for by
Cynthia H. Allred, and shall be collateralized by lots K and J as noted on
Exhibits "A-1" and "A-2". After the initial roadway is constructed and the
electrical power and phone lines are installed to each one of the quarter
sections of property, the individual owners thereof will be responsible for
the future maintenance costs associated therewith as provided for in this
agreement, and the "Covenants and Restrictions for Governing Big Ridge
Estates", which are executed simultaneously herewith.
Conditions of the access easements.
a. Each access easement, as well as, the easement for the purpose
of accessing the Bridger Teton Forest, shall be for the mutual
benefit of all of the respective owners in the Big Ridge Estates, their
invitees and guests.
b. Any easement may not be fenced by any of the parties to this
agreement or subsequent owners of property within the Big Ridge
Estate without the prior written consent of all of the parties to this
agreement for subsequent owners of the Big Ridge Estates.
c. All of the parties to this agreement and any subsequent owners of
any of the property within the Big Ridge Estates shall be
responsible for any and all costs of maintenance of any roadways
(:00754
or easements to be constructed and each party agrees to pay their
reasonable and fair share of such maintenance costs as the costs
are incurred on a pro-rata, per acre basis, based upon the number
of acres owned by any respective owners. It is further agreed that
it will be necessary to maintain the access road into the property
generally described as the Big Ridge Estates and any maintenance
and operation costs associated with said roadway including repair,
snow removal and any related costs shall be paid on a pro-rata per
acre basis based upon ownership of property.
d. It is agreed that the above described property can be subdivided
and sold, provided, however, any sale or subdivision will be
required to comply with any applicable regulations of Lincoln
County and the State of Wyoming relating to subdivision of property
including density restrictions, roadway requirements and in the
event that the property is further subdivided by any of the owners,
they will be responsible for any necessary upgrading of roads or
other utilities or infrastructure. The parties acknowledge that any
future subdivision of the property will be subject to the above
referred to regulations, and there is no representation by any of the
parties that the property can be further subdivided, since there may
be certain restrictions in the applicable regulations of Lincoln
County and the State of Wyoming, applicable to road grades and
other related matters which may prohibit the further subdivision of
the property and all parties acknowledge this fact.
000755
e. It is agreed that the initial roadways to be constructed within the Big
Ridge Estates shall be a minimum of 20 feet wide travel surface
and the easement shall be 60 feet wide. The parties further agree
that the easements to each one of the quarter section parcels of
property shall be sixty feet wide, and shall be for the purpose of
provided ingress, egress, and the installation of all utilities.
f. That concurrently with execution of this agreement, the parties will
also be executing certain Covenants and Restrictions for Governing
the Big Ridge Estates property and the parties agree to comply with
the terms of said Restrictions and Covenants.
g. In the event that any of the parties to this agreement or future
owners of the property within the Big Ridge Estates fails to pay their
pro-rata share of any maintenance or operation costs associated
with the roadways, the Big Ridge Estates may bring legal action
pursuant to this agreement to compel such payments. If any such
legal action is initiated, the prevailing party will be entitled to
recover attorney fees and costs in addition to any other relief
granted.
h. The parties to this agreement intend that the roadway to be
constructed upon the easements will be such to allow access to the
6.
property benefited in a passenger automobile and that the roadway
will be constructed accordingly.
Property Benefited by this Agreement. This agreement is for the
benefit of the Big Ridge Estates property as described in Exhibit "C".
7.
000756
Binding Effect. The terms and conditions of this agreement shall
be binding upon and inure to the benefit of the heirs, successors and
interests and assigns of the parties named in this agreement.
8.
Waiver of Homestead Rights. The parties do hereby waive and
release all rights to the above described easements under and by
virtue of the homestead exemption laws of the State of Wyoming to
the extent that any such rights may interfere with the purposes of
this agreement.
IN WITNESS WHEREOF, we have hereto set our hands as of the _day of
,2006.
SanGam, LC
~.tCiistler9ck Dodge Chrysler Jeep / LLC
/ ( 1!aFag9B InvestæeBt CF91lp
BY:~~
~ra mg Manager
BY:
Title:
Tim Allred
Cindy Allred
~It Dub Bair
C.A. Fullmer Family, LLC
BY:
Charles Fullmer, Operating Manager
Rolene Kennedy
UTAH
STATEOF~
Salt Lake
COUNTY OF~
Eldin Kennedy
)
) SS.
)
Tlte foregoing instrument was acknowledg~d before me by
~~ CtXtIV , Operating Manager of SanGam, LC, this L- day of
,2006.
Witness my hand and official seal.
000757
~¡--
Notary Public
me by
ST TE OF WYOMING )
) SSe
Y OF LINCOLN )
e foregoing instrument was acknowledged befor
,
, of
this
, 2006.
hand and official seal.
STATE OF WYO NG )
/ ) SSe
COUNTY 0)YLINCOLN )
~e foregoing instrument was ackno edged before
im Allred and Cindy Allred this da of
, 2006.
Witness my hand and official seal.
000758
7.
Binding Effect. The terms and conditions of this agreement shall
be binding upon and inure to the benefit of the heirs, successors and
interests and assigns of the parties named in this agreement.
8
Waiver of Homestead Rights. The parties do hereby waive and
release all rights to the above described easements under and by
virtue of the homestead exemption laws of the State of Wyoming to
the extent that any such rights may interfere with the purposes of
this agreement.
IN WITNESS WHEREOF, we have hereto set our hands as of the _day of
, 2006.
SanGam, LC
--rA.. £astler.Dck Dodge ~hrysler Jeep, LLC
In Pøl'Øg9B .l.JW~stmeBt 61 ô'tlp
BY:~~
~ra mg Manager
¿~~
1m Alb: é:l " .
BY:
Title:
~(tf?vq H a j ¥
Cin Allred
--¡,!t-BØb Bøir
C.A. Fullmer Family, LLC
BY:
Charles Fullmer, Operating Manager
Rolene Kennedy
Eldin Kennedy
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
~;Jofegoing instrument was acknowledg~d before me by
~~ (AlfQV , Operating Manager of SanGam, LC, this c.. day of
,2006. .
Witness my hand and official seal.
(
~
Notary Public
Ü007S9
. . .
STATE OF WYOMING )
) SSe
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before
me by
this day of
,
fP castlerfck DO~ chr{]ler Jeep, LLC
, 0 aragon lr¡eS ent JfOUP; 771
, 2006.
Witness my hand and official seal.
~
I
I
Notary Public
STATE OF WYOMING )
) SSe
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before
me by Tim Allred and Cindy Allred this .5 day of
f\ðlJe'N\ n~ , 2.006.8601 56
Witness my hand and official seal.
000760
STEPHANIE BARRUS - NOTARY PUBLIC
County of _,' r.. State of
LIncoln .. Wyoming
.
, My Comml..lon Expires August 3, 2011
§7'~.I:. ~r"1'ü/.L
Notary Public
ST TE OF WYOMING )
) SSe
YOF LINCOLN )
d before
day of
e foregoing instrument was acknowled
me by Rolene ennedy and Eldin Kennedy this
\ , 2006.
Witnes\ hand and official
\\
\/
/\
" \
/ NÒ1;~ Public
\
STATE OF WV¿MING ) '\
'/_.' ) SSe \\
COUNTY F LINCOLN) \
I !
The foregoing instrument was ackrl wledged before
y? this day of , 2006.
Witness Jtly hand and official seal.
Ü00761
7.
Binding Effect. The terms and conditions of this agreement shall
be binding upon and inure to the benefit of the heirs, successors and
Interests and assigns of the parties named in this agreement.
8. Waiver of Homestead Rights. The parties do herebywaivE?-and
release all rights to the above described easements under and by
virtue of the homestead exemption laws of the State. of Wyoming to
the extent that any such rights may interfere with the purposes of
this agreement.
IN 'WITNESS WHEREOF, we have hereto set our hands as of the _day of
.2006.
SauGam, LC
BY. ~ ~.
~Iitïn¡Manager
. /'6J. A
~
i2Oh~rl "of t..ì Set H&\VY\1'r4ì' flc(
. ÇaSf\ e.rock ·O~~~Cf",.ys ltr-::S- eef¡ LC
B~ -£~~A ~ð~/
VY\a;': y ';"1 WI t"NY\ '---- n I
Title:
Cindy Allred
~rnc~
Ronald Onkes, President
~O kiutuiu/
Rolene Kennedy O.
STATE OF WYOMING )
)88.
COUNTY OF LINCOLN )
C.A. F"idhner Family, Ltc
BY: C«~
Charles Fullmer, Opêrating Manager
~~
Eldin K~nnedy
The foregoing instrument was acknowledg¢ before me by
~~ CI}!(N . Operating Manager of SanGam, LC, this c..... day of
'{i:Nf ,2006.
Witness my hand and official seat.
000762
State of Wyoming
ss
County of Lincoln
Jeep, LLC
The foregoing instrument was acknowledged before me by Castlerock Dodge Chrysler
by ì,f¥"(')~\(\" ( A\\Rç'~ ' this 3(') day of moo
20~. I
Witness my hand and official seal.
ðð¡:Û~",,- ~A-^-=
Notary Public
STEPHANIE BARRUS· NOTARY PUBLIC
My commission expires: Z/s/.?o//
County of
Lincoln
State of
Wyoming
My Commission Expires .....ugust 3, 2011
Ü00763
7.
Binding I':£ffect. The tertns and conditfQO
be binding upon and inurê to thebenetitofthe'
¡nterasfsandas~Mgns ofthepartiesrìàthedin..
Waiver of HotrlesfèadRighœ. T~ap'
releasealf rights to thea,bova de·
virrueof·ttw homesæadexemøtiQh
theextentthat any such fights may ¡l'It~·
this agreement.
Jl\I 'WITNESSWHEREOF¡ ~ havè hefètoset our h~1'I
J 2006.
8.
y waive and
SanGnm, LC
CA. FùJbnltrFtmì1y-t..tt¢·····
ett.··..·····..·L.·..·.·....... ..,.,....'.:'..
... .'"'t':., , '
BY: ~
ChadesF( Hmer,O
)
)S8.
COUNTY OF LINCOLN )
Að.(~
-J~.
oregømg instnln:1ent was Mkn()Wlédgedbøfure~leby
· ---> Operttting Man4ger of San'aam¡ LC;tJ:lis:.s~da'Y of
,2006. ... ", .
1
Witness..myhand and offi¢laJ s~1.
...._.~ -,....-
~
STATE OF UTAH )
) SSe
COUNTY OF UTAH )
û00764
/.......
The foregoing instrument was acknowledged before me by Robert Hammorld and Lisa
./ /l. - Hammond
~~~ , Trustee's of "The Robert and Lisa Family
Trust" dated July 2007, this -4z- day Of9'/~~.;[ ~ 2008.
IIOILWI.... .
...."."._-.
~N.800.""_
Witness my hand and official seal. COM~ ..::'..1
........ '¡
000765
7.
Binding Effect. The terms and conditions of this agreement shall
be binding upon and inure to the benefit of the heirs, successors and
interests and assigns of the parties named in this agreement.
8.
Waiver of Homestead Rights. The parties do hereby waive and
release all rights to the above described easements under and by
virtue of the homestead éxemption laws of the State of Wyoming to
the extent that any such rights may interfere with the purposes of
this agreement.
IN WITNESS WHEREOF, we have hereto set our hands as of the _day of
, 2006.
SanGam, LC
--rJ¡í4 Castlerock Dodqe Chrysler Jeep, LLC
/ J"1 P8FagoR .,Im'estmfilt ~9ap..
BY:~~
~ta - g Manager
BY:
Title:
Tim Allred
Cindy Allred
-;9f- -Bðb Bait
H;J:Aruc~
Ronald Onkes, President
~~
Rolene Kennedy
C.A. Fullmer Family, LLC
BY:
Charles Fullmer, Operating Manager
~~
Eldin Kennedy '£)
STATE OF WYOMING
(
C00766
Notary Public
STATE OF WYOMING )
) SS.
COUNTY OF WNe6fSN )
Uif),~
The foregoing instrument was acknowledged before
me by Rolene Kennedy and Eldin Kennedy this ~. day of
~v ,20rn1
Witness my hand and official seal.
BRANDILESTER.NOTARYPUBUC
County of ' State of
UInta ' Wyoming
My CommIssion Expires Jan. 10,2009
~&J~_
. Notary Public
méby
as acknowledged before
, 2006.
State of Wyoming
)
)
)
Ü00767
County of Lincoln
The foregoing instrument was acknowledged before me this 13th day of November, 2007.
by Ronald Onkes, President of Custom Construction, Inc., known to me as the person
whose name is subscribed to the foregoing instrument and acknowledged to me that the
same was executed for the purposes and consideration therein expressed and in the
capacity therein stated as the act and deed of said corporation.
~koJ 1,) 12y~~
Notary Public
My Commission Expires: 9-15-11
County of
Lincoln
M Commission Expires SeRtembe,r 15, 2011
û00768
7.
Binding Effect. The terms and conditions of this agreement shall
be binding upon and inure to the benefit of the heirs, successors and
8.
interests and assigns of the parties named in this agreement.
Waiver of Homestead Rights. The parties do hereby waive and
release all rights to the above described easements under and by
virtue of the homestead exemption laws of the State of Wyoming to
the extent that any such rights may interfere with the purposes of
this agreement.
IN WITNESS WHEREOF we have hereto set our hands as of the _day of
. 2006.
SanGam, LC
'íf~ ~astle~ck Dodge Chrysler Jeep, LLC
'r Pø:ra¡88 .l:wr8stæeøt Cr6't1þ
BY:~~.
~ ng Manager
BY:
Title:
Tim Allred
Cindy Allred
'II{- B8~ Bair
~ruc~
Ronald Onkes, President
~~
Rolene Kennedy
C.A. Fullmer Jramily, LLC
BY: C«fl.-
Charles Fullmer, Operating Manager
~~
Eldin K~nnedy
'-,
----'.
000769
Notary Public
Ur",*
STATE OF WYOMlNft:- )
)SS.
COUNTY OF ~N )
C,t\c..tt fE..
The foregoing instrument was acknowledged before
me by Charles Fullmer, Operating Manager of C.A. Fullmer
Family, LLC this I (/~ day of -MAý , 2008:'Ò
q~~ cJ4~
Nötary Public
Big Ridge
Estates
T31N R119WJ LINCOLN COUNTY WYOMING
EARL DARWAY FAMILY TRUST
Purchasers info ~ Cost LeQal TRACT
Descri1Jtions
SanGam Ic 160 SE1/4NW1/4 X
acres
645 e. s. temple NE1/4SW1/4 S
SLC, UT 84152 NW1/4SE1/4 T
SW1/4NE1/4 W
Tim and Cindy 120 SE1/4SW1/4 R
STATEOFWYO
Notary Public /
/"
//
...
",/'
SS. //'
) /
//
)
COUNTY OF LINCOL
The foregoing i trum t was acknowledged before
me by Charles Fullme perating anager of C.A. Fullmer
Family, LLC this day of , 2006.
Notary Public
W' ess my hand and official sea.
Big Ridge EXHIBITS A-l and A-2
Estates
T31N R119W, LINCOLN COUNTY WYOMING
EARL DARWA Y FAMILY TRUST
Purchasers info .QÆ Cost Leqal TRACT
DescriDtions
SanGam Ic 160 Se~ïion SE1/4NW1/4 X
acres
645 e. s. temple NE1/4SW1/4 S
SLC, UT 84152 NW1/4SE1/4 T
SW1/4NE1/4 W
Cynthia H. Allred
16 Cedar ct
Thayne, WY
83127
Robert L and Julia H. Bair
and C.A. Fullmer Family,
LLC
2055 n. main
Logan, UT 84341
Rolene and Eldin
Kennedy
295 West canyon
Randolph, UT
84064
Castle Rock Dodge,
Chrysler, Jeep, LL C
Afton,
Wyo.
000771.
120 Sec. 21 SE1/4SW1/4
acres
Section 28 NE1/4NW1/4
Section 28 NW1/4NW1/4
240 Section 21: SW1/4SE1/4
acres
Section 21: SE1/4SE1/4
Section 28: NE1/4NE1/4
Section 22: SW1/4SW1/4
Section 27: NW1/4NW1/4
Section 28: NW1/4NE1/4
40 acres Sec.28: SW1/4NE1/4
390 Sec. 21: NE1/4SE1/4
acres
Section 21:W1/2SE1/4NE1/4
Section 28: SW1/4SE1J4
Section 28; SE1/4SW1/4
Section 28: SW1/4SW1/4
Section 28: NW1/4SW1/4
Section 28: NE1/4SW1/4
Section 28: NW1/4SE1/4
Section 28: SE1./4NW1/4
Section 28: SW1/4NW1/4
EXHIBIT "A-1"
AND EXHIBIT "A-2"
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