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0001.98
EASEMENT AGREEMENT
Agreement made, effective as of the c::<1 day of June, 2008, by and between
Star Valley Ranch Association, Inc., a Wyoming Non-profit Corporation, of Lincoln
County, Wyoming, Grantor; and the Town of Star Valley Ranch, a body corporate and
politic of Lincoln County, State of Wyoming, Grantee.
RECITALS
The parties recite and declare:
A. The parties have an interest in adjoining real estate in Lincoln County, State
of Wyoming, and described, respectively, as follows:
(1) Star Valley Ranch Association, Inc., Grantor:
(BURDENED PROPERTY)
See description in "Exhibit A" attached hereto and made part
of by reference and incorporation as if fully set forth herein
by refere'1ce and incorporation.
(2) Town of Star Valley Ranch, Grantee:
(BENEFITTED PROPERTY)
Beginning at the northeast corner of Lot 7, Bridger Mountain
Subdivision in Section 31, T35N, R118W, 6th. P.M. Lincoln
County, Wyoming and running thence N 24° 13' 08" W 1.18
feet more or less to a point on the southerly right-of-wày line
of Vista Drive in Plat 10 of Star Valley Ranch Subdivision,
thence along said southerly right-of-way line N 650 46' 52" E
45.35 feet, thence S 230 15' 32" E 100.00 feet, thence S 650
46' 52" W 50.00 feet, thence N 230 15' 32" W 69.24 feet to a
point on the easterly line of said Lot 7, thence along said
easterly line N 140 18' 26"W 30.05 feet more or less to the
Point of Beginning containing 0.119 acres, more or less.
RECEIVED 7/3/2008 at 1 :08 PM
RECEIVING # 940295
BOOK: 699 PAGE: 198
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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(1001.99
B. The herein identified parties desire to create a non-exclusive easement for
wellhead protection for the benefit of the property described in paragraph A(2).
DECLARATION OF EASEMENT
The parties agree as follows:
The undersigned Grantor, its heirs, successors, and assigns, hereby grants and
conveys a perpetual non-exclusive easement for wellhead protection in favor of the
property herein described in paragraph A(2), hereby burdening the property described
in paragraph A(1), the perpetual non- exclusive easement being more particularly
described as follows:
A 100 foot radius easement centered on the center of the Airport Well casing
approximately 70 feet south of the southerly right-of-way line of Vista Drive in
Section 31, T35N, R118W, 6th. P.M. Lincoln County, Wyoming.
The easement is a restrictive easement for the wellhead protection of the Town
of Star Valley Ranch's Airport Well #1.
In order to preserve and protect the quality of water produced from the Town of
Star Valley Ranch's Airport Well #1, Star Valley Ranch Association, Inc. shall not
knowingly allow any use of the property within the easement area described above
which impairs, contaminates or interferes with, or potentially impairs, contaminates or
interferes with, the production of water from said well. Such uses shall include, but are
not limited to: any construction of any building not already located within the easement,
as well as parking or storage of automobiles or aircraft or refueling of same. Such
prohibited uses shall not include: current use of the easement area as "Airport Apron"
for taxi way use only and use of the easement area on designated roadways for
vehicular traffic related to airport activities.
Requests for uses that are generally recognized as common "Wellhead
Protection" uses by the EPA and/or other State of Wyoming agencies will not be
unreasonably withheld.
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CONSIDERATION
The mutual promises and agreement of the parties, shall serve as sufficient
consideration and payment under this agreement.
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EASEMENTS NOT TO BE OBSTRUCTED
The parties, their heirs, successors, 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 use of this easement.
EASEMENTS TO RUN WITH LAND
This grant of easements shall run with the land and shall be binding on and
shall
inure to the benefit of the parties to this agreement, their respective heirs, successors,
or assigns.
INDEMNITY
Each of the parties agree to indemnify and hold the other harmless from and
against any and all liability for personal injury or property damage when such injury or
damage shall result from, arise out of, or be attributable to any use, maintenance or
repair undertaken by either party.
NOTICES
Any notice provided for or concerning this agreement shall be in writing and be
deemed sufficiently given when sent by certified or registered mail if sent to the
respective address of each party as set forth below:
Star Valley Ranch Association, Inc.
P.O. Box 159
Star Valley Ranch, WY 83127
Town of Star Valley Ranch
P.O. Box 1180
Star Valley Ranch, WY 83127
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GOVERNING LAW
It is agreed that this agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Wyoming.
Ü00201
ENTIRE AGREEMENT
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.
MODIFICATION OF AGREEMENT
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 an authorized representative of each party.
NO WAIVER
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 waiver of any breech 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
affect, as if no such forbearance or waiver had occurred.
WAIVER OF HOMESTEAD RIGHTS
The undersigned parties, being Grantor and Grantee, hereby waive and
release all rights to the described easement under and by virtue of the homestead
exemption laws of the state of Wyoming.
PARAGRAPH HEADINGS
The titles to the paragraphs of this agreement are solely for the convenience of
the parties and shall not be used to explain, modify, simplify, or aid in the interpretation
of the provisions of this agreement.
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000202
IN WITNESS WHEREOF, each party to this agreement has caused it to be
executed on the date indicated below the provisions of this agreement.
DA TED this ::;;...) day of June, 2008.
"
GRANTOR:
STAR VALLEY RANCH ASSOCIA nON, INC.
7--
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GRANTEE:
TOWN OF STAR VALLEY RANCH
THE STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Joe Angelovic, who appeared
before me and was personally known to me, and was by whom duly sworn and upon oath
represented that he was the Chairman of the Board of Directors of Star Valley Ranch
Association, Inc., that the instrument was signed on behalf of Star Valley Ranch Association, Inc,
by the authority of the board of directors or trustees thereof, acknowledged the instrument to be
the free act and deed of Star Valley Ranch Association, Inc, this ;2 "1 day of June, 2008.
WITNESS my hand and official seal. '7
~
My Commission Expires: ~
KELLY ANNE ALLD.A.FFΠ- NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Comrnission Expires November 9, 201 t
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THE STATE OF WYOMING
)
) SS.
)
000.203
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by Boyd Siddoway, who
appeared before me and was personally known to me, and was by whom duly sworn and upon
oath represented that he was the Mayor of The Town of Star Valley Ranch, that the instrument
was signed on behalf of The Town of Star Valley Ranch, by the authority of the board of
directors or trustees thereof, acknowledged the instrument to be the free act and deed of The
Town of Star Valley Ranch, this .!). Î day of June, 2008.
WITNESS my hand and official seal.
My Commission Expires: #
KELLY ANNE ALLDAFFER . NOTARY PUBLIC
County of' State of
Lincoln Wyoming
My Commission Expires November 9, 2011
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