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HomeMy WebLinkAbout941321 ",L..""L..I V II'!\;> , ¡..... '1 '-{-, 'j:L I BOOK: 702 t-'AGE: 417 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY JOINT ACCESS EASEMENT AGREEMENT 'itÞOOQ ¿-j17 This Joint Access Easement Agreement ("Agreement") effective June 30, 2008, between the Emmett Mavy and Romina Mavy, husband and wife, PO Box 3821, Alpine, WY 83128 (the "Mavy's"), and Samuel F. Coutts, 1018 Cottage Way, Encinitas, CA 92024-5857 ("Coutts"). Collectively, the Mavy's and Coutts shall be referred to as "the Parties." WITNESSETH WHEREAS, Coutts owns the real property legally described on the Warranty Deed recorded in Book 695 at Page 256 as Receiving No. 939210 in the Lincoln County Clerk's Office, Kemmerer, WY, a copy of which is attached hereto as Exhibit 1 (the "Coutts Property"); and WHEREAS, the Mavy's own the real property legally described on the Quitclaim Deed recorded in Book 695 at Page 329 as Receiving No. 939233 in the Lincoln County Clerk's Office, Kemmerer, WY, a copy of which is attached hereto as Exhibit 2 (the "Mavy Property"); and --- WHEREAS, Coutts desires to obtain an easement over a that portion of the Mavy Property described on Exhibit 3 attached hereto (the "Mavy Easement") for access to property the Coutts Property; and WHEREAS, Mavy has agreed to grant such easement for the purpose of providing ingress and egress to the Coutts Property; and WHEREAS, the Mavy's desire to obtain an easement over a that portion of the Coutts Property described on Exhibit 4 attached hereto (the "Coutts Easement") for access to the Mavy Property; and WHEREAS, Coutts has agreed to grant such easement for the purpose of providing ingress and egress to the Mavy Property. NOW, THEREFORE, for and in consideration ofTen Dollars ($10.00) in hand paid to by each party to the other, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Easement. a. Coutts, being the owner of the Coutts Property, does hereby grant to the Mavy's, their heirs, successors, assigns, invitees, employees, and others, a perpetual, pennanent, and nonexclusive easement over and upon the Mavy MAVY - COUTTS JOINT ACCESS EASEMENT AGREEMENT PAGE 1 OF4 (:,0&418 Easement for the purpose of providing ingress and egress to the Mavy Property, as more fully set forth herein; and b. The Mavy's, being the owner of the Mavy Property, does hereby grant to the Coutts, his heirs, successors, assigns, invitees, employees, and others, a perpetual, pennanent, and nonexclusive easement over and upon the Coutts Easement for the purpose of providing ingress and egress to the / Coutts Property, as more fully set forth herein. Said easements shall hereinafter collectively and jointly be referred to as the "Joint Access Easement". 2. Restrictions on Use: Repair and Restoration. The Joint Access Easement shall be limited to ingress and egress and general access for pedestrians and/or vehicles to the Mavy Property and/or the Coutts Property. The Parties hereby agree not to: (1) construct, erect, maintain or pennit any pennanent structure, installation, facility, or improvements of any kind or nature whatsoever on or above the surface of the Joint Access Easement other than a constructed roadway/driveway and (2) interfere with the use of any easement hereafter granted on, under, above, or across the Joint Access Easement or with any other use of the Joint Access Easement, so long as such current or future easement does not materially interfere with each Party's rights hereunder. 3. Tenn of Easement. The Joint Access Easement shall continue in perpetuity. 4. Amendment. No amendment, revision, or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 5. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and is intended as a complete and exclusive statement of the tenns of the Parties' agreement. 6. Warranty of Title. Coutts hereby represents to the Mavy's that he is the fee simple title holder of the Coutts Property and that he has the full power and authority to enter into and make the grant of easement as provided herein. Mavy's hereby represent to Coutts that they are the fee simple title holder of the Mavy Property and that they have the full power and authority to enter into and make the grant of easement as provided herein. 7. Binding. This Agreement shall be binding on the Parties hereto, their heirs, successors and pennitted assigns and shall run with the land. MA VY - COUTTS JOINT ACCESS EASEMENT AGREEMENT PAGE 2 OF 4 00ù419 8. Recording. This Agreement shall be recorded by the Mavy's at the Mavy's cost with the Lincoln County Clerk's Office, Kemmerer, Wyoming. 9. Joint Preparation. This Agreement is and shall be deemed and construed to be the joint and collective work product of the Mavy's and Coutts and, as such, this Agreement shall not be construed against either party, as the otherwise purported drafter of the Agreement, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness, or conflict, if any, in the tenns or provisions contained herein. 10. Default. In the event of a default by either party under this Agreement, the non- defaulting party shall be entitled to pursue all available remedies in law or in equity, including but not limited to specific perfonnance and injunctive relief, and shall be entitled to recover all costs and expenses, including reasonable attorneys fees, incurred in such legal action. 11. Release of Homestead Exemption. Each of the Parties hereto hereby release and waive all rights by virtue of the homestead laws of the State of Wyoming. IN WITNESS WHEREOF, the Parties have entered into and executed this Joint Access Agreement effective the date and year first written above. THE MA VY'S COUTTS ~~ ~74 omina Mavy ~ STATE OF WYOMING ) ) SS COUNTY OF LINCOLN ) ACKNOWLEDGED, signed and sworn before me by Emmett Mavy and Romina Mavy, on this '~"\~ day of ..j~ ' 2008. WITNESS my hand and official seal. SEAL Notary Public My commission expires: County of State of Lincoln Wyoming My Commission Expires August 9, 2010 MA VY - COUTTS JOINT ACCESS EASEMENT AGREEMENT PAGE 3 OF4 STATEOF Ck..-lf#~1 A-- ) Ü00420 ~~ ) SS COUNTY OF SAN ~, ) / '+'-- -. AC~OWLEDGED, signed and sworn before me by Samuel F. Coutts, on this 3D day of ~ , 2008. WITNESS my hand and official seal. ~ SEA L Notary Public - My commission expires: I\MI j ~ ~ WID r. JON SCOTT u~ ... COMIII. # 1670616 ( ) U) NOTARY puøuc·CALlFORNIA ... . SAN DIEGO eOOITY ì" My COMM. expo MAY 2~, 2.01~J' MA VY - COUTTS JOINT ACCESS EASEMENT AGREEMENT PAGE40F4 NTL-1854 SAMUEL F. COUTIS 1018 COTTAGE WAY ENCINITAS, CA 92024-5857 '- vV"'X4CI. RECEIVED 5/2212008 a12:15 PM RECEIVING # 939210 BOOK: 695 PAGE: 256 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY WARRANTY DEED JAMES JON CLARK AND DEANNA L. CLARK, Grantor(s) ofETNA, County of LINCOLN, State of WYOMING, hereby CONVEY AND WARRANT to SAMUEL F. COUTIS, AS SOLE OWNER, Grantee(s) ofENCINITAS, County of SAN DIEGO, State ofCA for the sum ofTEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, the following described tract ofland in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to wit: See Attached Exhibit "A" ¡" \ ..-' ~ { ,() (, Subject to easements, restrictions and rights of way of record, and taxes for the year 2008 and thereafter. . Witness, the hand(s) of said Grantor(s), this 6 - 2..0 ,2008 . ~g¡¿~ AMES J ARK ~~~ ~tGJoJc > DEANNA L CLARK State of WYOMING County of LINCOLN On 5"'2.0 ,2008, personally appeared before me JAMES J CLARK and DEANNA L CLARK the signer(s) of the within instrument, who duly acknowledged to me that they executed the same. ~~ . CHERYL'" JONES - N01'ÃRYPDill.lo ~-= My eommllillon eq:¡InIf Fø. 4, fWOO Residing:'1-\~~\,{\ ~ Expires: z.~'-\-cR\ r ~ EXHIBIT ,jj f ( 00û422 ORDER NUMBER: NTL-i854 EXHIBIT "A" - ("" " ,-':' ;::""'-J 'w ....'v.....;;) ( AS TO PARCEL i: LOT ONE (i) OF CiRCLE J SUBDIViSION AS DESCRIBED ON THE OFFICIAL PLAT THEREOF RECORDED OCTOBER 23, 2007 AS DOCUMENT 934288 IN THE OFFICE OF THE CLERK. LINCOLN COUNTY, WYOMING. AS TO PARCEL 2: LOT TWO (2) OF CIRCLE J SUBDIVISiON AS DESCRIBED ON THE OFFiCiAL PLAT THEREOF RECORDED OCTOBER 23,2007 AS DOCUMENT 934288 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. AS TO PARCEL 3: LOT THREE (3) OF CIRCLE J SUBDIVISION AS DESCRIBED ON THE OFFICIAL PLAT THEREOF RECORDED OCTOBER 23, 2007 AS DOCUMENT 934288 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING~ AS TO PARCEL 4: LOT FOUR (4) OF CIRCLE J SUBDIViSION AS DESCRIBED ON THE OFFiCIAL PLAT THEREOF RECORDED OCTOBER 23, 2007 AS DOCUMENT 934288 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING, AS TO PARCEL 5: LOT FIVE (5) OF CiRCLE J SUBDiViSION AS DESCRIBED ON THE OFFICIAL PLAT THEREOF RECORDED OCTOBER 23, 2007 AS DOCUMENT 934288 IN THE OFFICE OF THE CLERK, LINCOLN COUNTY, WYOMING. COö423 QUITCLAIM DEED KNOW ALL MEN THESE PRESENTS, That \200329 James Jon Clark and Deanna L. Clark, Husband and Wife ofthe County of Lincoln, State of Wyoming in consideration ofTen and 001100 Dollars ($10.00) and other good and valuable consideration to them in hand paid the receipt whereofis hereby confessed and acknowledged, have remised, released, convey and forever quitclaimed and by these presents do for my heirs, executors and administrators, remise, release and forever quitclaim unto Emmett Mavy and Romina Mavy, Husband and Wife whose address is P.O. Box 3821, Alpine, WY 83128, heirs and assigns, forever all such right, title interest, property, possession, claim and demand as IIwe have, ought to have or hereafter acquire in or to all of the following described premises, to-wit: That part of Section 11, T35N R119W, Lincoln County, Wyoming described on Exhibit A prepared by Marlowe A. Scherbel entitled "Description for Emmett Mavy and Romina Mavy Paradise Valley Tract" dated 2 April 2008. Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of Wyoming. Dated this Z/..J:. day of ~ At / 0/ ,2008. dJ ~ ~ James Jon Clark It. \. i ¡ i\. l\h~ ,,1 ~q \).h,x.. ~ Deanna L. Clark State of Wyoming ) )ss County of Lincoln ) The foregoing instrument was aclÅ“owledged before me by James Jon Clark and Deanna L. Clark, this 1./~ day of M /+;1 ' 2008. '", Witn d official seal. KARL F. SCh.... . ~"" ,OTA PUBLIC County or Slale 01 Unooln WyomIng My Comm 8sl~" " ,. ,:.,. /~ 1: Jj~ Notary Public My Commission Expires: 9 tt-v~ 7-ðëJ~ RECEIVED 5/23/2008 at 8:56 AM RECEIVING # 939233 BOOK: 696 PAGE: 329 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ~ EXHIBIT 1;¿ __lind SuM"'" ouIN,_ I'fo.llegllltotlonNo.1ec \ohR~ No. te71! 11110 RogIInllon No, 3gg(J lVocII Rlgllnllon No. 8105 c:oItA.Sd1erboI /yo. __.1Ion No, 3," '1110 RIgtl""don No. 802e IIhI\lgllIrlllonNo.31211t IARlatÆ A. SCHERBEl I'fo. Regiolnlllon No. 53GB IllYily<lrSdIoIbeI,lTD, lion, WjomIng Ig Plnsy, WjomIng -V/yoIN1 IVI Hal S JMgI. - 1onI JIIoI.- DESCRIPTION FOR EMMETT MA VY AND ROMINA MA VY éO"',¡f . . 0'":1;,.2 P ARADISE VALLEY TRACT L'00330 To-wit: - - That part of the SW\4SW\4 of Section 11, T3SN Rl19W, Lincoln County, Wyoming, it being the intent to more correctly describe that tract of record in the Office of the Clerk of Lincoln County in Book 662 of Photostatic Records on page 223, as follows: BEGINNING at a point on the easterly right-of-way line of U.S. Highway 89, identical with the northwest point of that tract of record in said Office in Book 561 Photostatic Records on page 398, N02°-59'-44"E, 993.36 feet, from the southwest comer of said SW\4SW\4; thence NOOo -11' -11 "E, 166.30 feet, along said right-of-way line, to the southwest rebar of Circle J Subdivision of record in said Office as Instrument No. 934288; thence S890-33'-50"E, 496.56 feet, along the south line of said Subdivision, to the southeast rebar thereof, on a west line of that tract of record in said Office in Book 6810f Photostatic Records on page 704; thence SOQo-l7'-ll"W, 165.47 feet, along said west line, to the southwest point of said' tract in Book 681, on the north line of said tract in Book 561; thence N890-39'-32"W, 496.27 feet, along said north line, to the POINT OF BEGINNING; ENCOMPASSING an area of 1.88 acres, more or less; the BASE BEARING for this survey is the west line of the SW\4 of Section II, T35N R1l9W, being NOOo-07'-54"W; it is the intent of this description that the called-for monwnents, and not the existing fence lines, control the location of the property lines; SUBJECT to easements of record; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "rebar" marked by an aluminum surv-kap survey marker inscribed, "SURVEY POINT PE/LS 3514"; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PARADISE V ALLEY D ISION WITHIN SW\4SW\4 SECTION 11 T35N R119W INCOLN COUNTY, G", dated 12 February 2008, as revised. d..e "Modification in any way of the foregoing description terminates liability of the surveyor" / / I Prolesslonal land Surveyors Paul N. Scherbet Wyo, Registration No, 164 Utah Registration No, 1670 Idaho Registration No. 3990 Nevada Registration No, 6805 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No, 8026 Utah Registration No, 372111 MARLOWE A. SCHERBEl Wyo, Registration No, 5368 Surveyor Scherbel, lTD. Anon, Wyoming Big Piney, Wyoming Jackson, Wyoming lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR (Ov4:",>~ -~.;) EMMETT MA VY AND ROMINA MA VY ACCESS EASEMENT To-wit: - - A strip of land thirty (30) feet in width within the SWl/4 of Section 11, T35N R119W, Lincoln County, Wyoming, identical with the north thirty (30) feet ofthat tract of record in the Office of the Clerk of Lincoln County in Book 695 of Photostatic Records on page 329; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across the above described easement; the northerly and southerly right-of-way lines of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of thirty (30) feet to meet the easterly right-of-way line of U.S. Highway 89 and the easterly line of said tract in Book 695; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PARADISE VALLEY SUBDIVISION WITHIN SW1I4 SECTION 11 T35N R119W LINCOLN COUNTY, WY MING", dated 12 February 2008, as revised. ~ ¡¡ j j EXHIBIT 3 "Modification in any way of the foregoing description terminates liability of the surveyor" Prolessional Land Surveyors Paul N. Scherbel Wyo, Registration No, 164 Utah Registration No, 1670 Idaho Registration No, 3990 Nevada Registration No, 6605 Scott A, Scherbel Wyo, Registration No, 3689 Idaho Registration No, 8026 Utah Re9istration No, 372111 MARLOWE A SCHERBEL Wyo, Registration No, 5368 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho ! . Montpelier. Idaho DESCRIPTION FOR SAMUEL F. COUTTS ACCESS EASEMENT To-wit: - - êOû426 A strip of land thirty (30) feet in width within the SW1I4 of Section 11, T35N R119W, Lincoln County, Wyoming, identical with the south thirty (30) feet of Lots 2,3,4 and 5 of Circle J Subdivision of record in the Office of the Clerk of Lincoln County, Wyoming with Accession No. 934288; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities ov, der, and across the above described easement. I~.- . ~ ,§ j ~ EXHIBIT <¡ "Modification in any way of the foregoing description terminates liability of the surveyor"