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RECIPROCAL EASEMENT
AND
USAGE AGREEMENT
ÜOô709
This Agreement (hereinafter referred to as "Agreement") made and entered into effective
as of August 7,2008, by and between the following named parties:
1. SanGam, LLC, a Utah limited liability company (hereinafter referred to as
"SanGam");
2, Castle Rock Dodge, Chrysler, Jeep, LLC, a Wyoming limited liability company
(hereinafter referred to as "Castle Rock");
3. Custom Construction, Inc., a Wyoming corporation, (hereinafter referred to as
"Custom") ;
4. Cynthia Allred, (hereinafter referred to as "Cynthia Allred")
5. C.A. Fullmer Family, LLC, a Utah limited liability company, (hereinafter referred
to as "Fullmer");
6. Robert Reed Hammond and Lisa Mary Weiss Hammond, Trustees of the "The
Robert and Lisa Family Trust" u/a/d July 3, 2007, (hereinafter referred to as
"Hammond") ;
7. Alan Lance Allred Revocable Trust, dated November 10, 2003, Alan Lance
Allred, Trustee, (hereinafter referred to as "Alan Allred"); and
8. Rolene Kennedy and Eldin Kennedy, wife and husband, (hereinafter referred to as
"Kennedy") .
RECITALS
A. All of the above described parties are owners of the property as depicted on the
plat of "The Ridges at Star Valley," which plat is filed of record in the office of
the Lincoln County Clerk, Instrument # 941123, Map # 166B, and said plat by
this reference is made a part hereof, and referred to as "plat."
B. As shown on the plat of "The Ridges at Star Valley" the various parcels as
depicted thereon are owned by the above described parties, which parcels are
accessed by the roadways as shown therein.
C. The above described parties are desirous of setting forth, in this agreement,
1
RECEIVED 8/20/2008 at 3:49 PM
RECEIVING # 941450
BOOK: 702 PAGE: 709
JEANNE WAGNER
LINCOLN COUNTY CLERK, KF' U '--ER, WY
00&71.0
certain terms and conditions relating to the granting of reciprocal easements for
ingress, egress and utilities pertaining to the property, as depicted on the plat of
The Ridges at Star Valley, as well as, generally setting forth certain restrictions
and obligations pertaining to the maintenance of roadways as shown on said plat.
D. 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 roadways and the
placement of utilities and access points as set forth on the plat of The Ridges at
Star Valley so as to allow all parties access for themselves, their invitees and
guests to the properties as depicted and shown on said plat, said access being for
the purpose of vehicular including motorcycles, ATV's and all other vehicular
traffic, as well as pedestrian and livestock and the placement of utilities.
E. 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 ofTEN 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. The above described parties do hereby grant and convey to each other a common
access easement over and across the roadways as depicted on the plat of The
Ridges at Star Valley, which plat is recorded in the office of the Lincoln County
Clerk, Instrument # 941123, Map # 166B, over and across the roadways depicted
thereon for the purpose of providing access by means of vehicular traffic,
pedestrian traffic and livestock passage across the properties depicted on said plat
as shown thereon to each and every individual parcel as depicted on said plat.
This access easement will be for the owners of any of the property located within
The Ridges at Star Valley as well as their invitees and guests. In addition, this
easement will also include the right to install all utilities which can also be located
within the roadways depicted on said plat.
HOWEVER, this easement is not for the purpose of providing or creating a
public right of way or access to anyone other than the owners of the property of
The Ridges at Star Valley and their specific invitees and guests. This easement is
2
OOú7j.1
also not for the purpose of providing or creating a public right of way or access to
the Bridger National Forest or to any other lands. The easements provided for
herein are specifically limited for the purpose of providing the easements as
specifically restricted herein including the easement for ingress, egress and
utilities to the specific parcels as depicted on the plat of The Ridges at Star Valley
over and across the roadway as specified therein.
2. The parties to this agreement do hereby specifically agree that the costs associated
with the maintenance of the roadways as shown on the plat of The Ridges at Star
Valley as well as the necessary maintenance, costs associated with the electrical
power, phone and other utilities which are located within said roadways will be
the responsibility of the owners of the respective parcels, the costs of which shall
be prorated on a per acre basis based upon the ownership of the individual
property owner and the total acreage of the property within The Ridges at Star
Valley.
3. Condition of the access easements.
a. The access easement provided for herein shall be for the mutual benefit of
the respective owners of The Ridges at Star Valley, their invitees and
guests. Any easement may not be fenced by any of the parties to this
agreement or subsequent owners of property within. The Ridges at Star
Valley without the prior written consent of all of the parties to this
agreement or subsequent owners of The Ridges at Star Valley.
b. Any easement may not be fenced by any ofthe parties to this agreement or
subsequent owners of property within The Ridges at Star Valley without
the prior written consent of all of the parties to this agreement or
subsequent owners of The Ridges at Star Valley.
c. All of the parties to this agreement and any subsequent owners of any of
the property within The Ridges at Star Valley shall be responsible for any
and all costs of maintenance of any roadways or easements that are
constructed as depicted on the plat of The Ridges at Star Valley and each
party agrees to pay their reasonable and fair share of such maintenance
3
OOû712
costs as the costs are incurred on a pro rata, per acre basis, based upon the
number of acres owned by any respective owner. It is further agreed that
it will be necessary to maintain the access road into the property known as
The Ridges at Star Valley and any maintenance and operation costs
associated with said roadway including any repair, snow removal and any
other 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 as shown on the plat of The
Ridges at Star Valley 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 the
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 inftastructure. 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 applicable regulations of Lincoln County and the State of Wyoming
applicable to road grades, and other related matters which may prohibit the
future subdivision of the property and all parties acknowledge that fact.
e. In the event that any of the parties to this agreement or future owners of
the property within The Ridges at Star Valley fails to pay their pro-rata
share of any maintenance or operation costs associated with the roadways,
or other utilities, then any other owner of property located within The
Ridges at Star Valley may bring legal action pursuant to this agreement to
compel said payment. If any such legal action is initiated, the prevailing
party will be entitled to recover attorneys' fees and costs in addition to any
other relief granted.
f. The parties to this agreement acknowledge that the roadways as shown on
4
OOô71.3
the plat of The Ridges at Star Valley will be constructed in such a manner
as to provide access to the property benefited there from by vehicular
traffic including automobile, motorcycle, ATV's and any other related
vehicular traffic.
4. Property Benefited by this Agreement. This agreement is for the benefit of the
property as shown on the plat of The Ridges at Star Valley as said property is
described on the plat thereof fIled in the office of the Lincoln County Clerk,
Instrument # 941123, Map # 166B.
5. Binding Effect. The terms and conditions of this agreement shall be binding
upon and inure to the benefit of the heirs, successors and assigns of the parties
named in this agreement.
6. 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.
7. Effective Date. This agreement is effective as of August 7, 2008 and by
execution of this agreement by the respective parties, they confirm and
acknowledge the terms thereof including the effective date.
IN WITNESS WHEREOF, we have hereto set our hands as of the date noted herein,
however, the effective date of this agreement shall be as of August 7,2008.
5
SanGam, LLC, a Utah limited liability company
BY:~
.........-óPerating Manager
STATEOF~ kr
v
COUNTY OF C~1ve
)
) S S.
)
August Iß . 2008
Date
Witness my hand and official seal.
Notary Public
Jason Allred
My Commission expires
0510712011
171 E 600 N.
M;!ivllle, UT 84326
STATE OF UTAH
(;,00714
,2008.
instrument was acknowledged before me by
Operating Manager of SanGam, LLC, this fl day of
6
)
(;OG715
Castle Rock Dodge, Chrysler, Jeep, LLC,
a Wyoming limited liability company
/ --d#(
By~"-1" .,/ /
opera~anager ,
August -=r ,2008
Date
STATE OF
)
) SS.
)
c.:J- {
COUNTY OF L-; r\{'ð-~...
The foregoing instrument was acknowledged before me by
\\N"\. ~\\G-el ' Operating Manager of Castle Rock Dodge, Chrysler, Jeep,
LLC, this ~ day of y'.\\)S ,2008.
Witness my hand and official seal.
STEPHANIE BARRUS - NOTARY PUBLIC
State
Wyom"
county of
Lincoln
My Commission Expires August 3, 2011
CUSTOM CONSTRUCTION, INC
a Wyoming corporation
000716
By: Nn ~ fll
PmWrot D~
August
,2008
STATE OF
(.J_(
)
) SS.
COUNTY OF L; ,\(0.. """"' )
,
On, this -LZ- day of JQd3u'S. ~ ' 2008, before ~e personally
appeared ho\("'""\ O",~eS> ' to be personally known, who, bemg by me duly
sworn, did say that he is the President of Custom Construction, Inc., and that said instrument
was signed in behalf of said corporation by authority of its Board of Directors, and said President
acknowledged said instrument to be the free act and deed of said corporation.
WITNESS my hand and official seal.
....-
STEPHANIE BARRUS - NOTARY PUBLIC
County of
Lincoln
My Commisslo/1 Explrøa AIJgust 3. 2011
A
~tI(1Aú\ U OJ.úJ
Cyn ia Allred ¡
August "7 , 2008
Date
OOG71.7
STATE OF WYOMING )
) SS.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by Cynthia Allred, this ~
day of \\\.. \':J ' 2008.
Witness my hand and official seal.
STEPHANIE BARRûS- NOTARY PUBLIC
State of
Wyoming
County of
Lincoln
E . . August 3 2011
My COl1l1ni$sion )(pIres '
00071.8
C.A. Fullmer Family, LLC, a Utah limited liability company
~ý
~.d4-
By: ~ August I L/ .2008
Operating Manager Date
STATE OF \AT ^\.-t
COUNTY OF CAC,\-\'e;.
)
) SS.
)
The foregoing instrument was acknowledged before me by
C. ",1:\( \et; fÚ.\ \W1 i.V , Operating Manager of C.A. Fullmer Family, LLC this -I!I1h
day of A,S! at S \- , 2008.
Witness my hand and official seal.
NOTARY PUBLIC
JENNIE LEE JOHNSON
My Commislion Expires
10-08-2009
150 Coventry Place
Log.n, UT 84341
{)~:~~
Nota Public
00071.9
The Robert and Lisa Family Trust
u/ald J , 2007
Au~st 1 \ . 2008
Date
STATE OF U1-~ )
, .1- ~ 1 ) SS.
COUNTY OF~)
The foregoing instrument was acknowledged before me by Robert Reed Hammond,
Trustee, and Lisa Mary ~iss HamÃond, Trustee of The Robert and Lisa Family Trust,
u/ald July 3,2007, this Mclay of V~ \) ,S:t ,2008.
Witness my hand and official seal.
~A~
. BEVERLY A. ROYER
MJM~·srma:UTAH
33D1 N. UMVER8ITY AVENUE
II PROVO, UTAI! NU4
" . .' COMa EXP. 3-1·2011
11
Ü06720
The Alan Lance Allred Revocable Trust
By:
August ? ,2008
Date
STATE OF Ut
COUNTY OF L~ "'( (J\. _.
)
) SS.
)
The foregoing instrument was acknowledged before me by Alan Lance Allred, Trustee
of The Alan Lance Allred Revocable Trust, dated November 10, 2003, this -5l- day of
~l )5 LJ~\-, 2008.
Witness my hand and official seal.
STEPHANIE BARRUS - NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
~~t": ,-&~A
My Commission Expires August 3, 2011
000721.
~~ k!~
~i<~
Eldin Kennedy
Rolene Kennedy
August ·7 . 2008
Date
STATE OF \f\J~iWY\\n~ )
~)SS.
COUNTY OF ~)
dged before me by Rolene Kennedy and
,2008.
Witness my hand and official seal.
JESSICA WEWN . NOTARY PUBliC
County If State of
Ulnla WyomIng
Commfnlon Expires M 27, 2012