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Home My WebLink About942546 RESOLUTION FORMING EASEMENT OF PARTY WALL AGREEMENT FOR JOINT GARAGE 00,,749 THIS RESOLUTION OR AGREEMENT PUTTING IN PLACE AN EASEMENT AND BURDENING THE LAND in the formation of a party wall agreement for the joint use of a garage is made on this I S ~ day of September, 2008 by Shirley V. Sears of 1422 Roxbury Road, Salt Lake City, Utah 84108. RECITALS WHEREAS, I am the owner in fee simple of all of Lots 10 and 11 and part of Lot 9 all in Block 5 of the Original Town ofKeminerer in Lincoln County, Wyoming, as the same appears of record on the maps and plats on file and of record in the Office ofthe County Clerk and Ex-Officio Register of Deeds in and for Lincoln County, Wyoming. That property is also known with the common addresses of 505 Pine Avenue and 509 Pine Avenue, Kemmerer, Wyoming 83101; WHEREAS, prior to or during the time while I had an ownership interest or was the sole owner of both of these properties a two car garage was either constructed or existed near the alley on these properties. That garage has now and at some time prior to me making this instrument had a partition installed in the middle of it. That partition has a survey line ofS 63°26'00" W; WHEREAS, I am the owner in fee simple of all of the property described above as evidenced in the public record and as shown by the following documents all of which are recorded in the Office ofthe Lincoln County Clerk and Ex -Officio RegisterofDeeds in and for Lincoln County, Wyoming: 1. Instrument #226683 recorded on March 11, 1957 in Book 2lPR at Pages 271, 272, and 273; and 2. Instrument # 226896 recorded on March 23, 1957 in Book 21PR at Pages 365, 366, and 367; and 3. Instrument #392501 recorded on January 3, 1966 in Book 72PR at Pages 433, 434, and 435; and 4. Instrument # 924720 recorded on November 22, 2006 in Book 64lPR at Pages, 201, 202, and 203; WHEREAS, I hereby resolve, intend and agree to convey an interest, easement or burden on two (2) separate portions of Lot 10 of Block 5 of the Original Town of Kemmerer. This easement or burden that is termed as a party wall agreement is for the use of the single structure that is a two car garage with a partition therein by two separate property owners and to provide for the maintenance of said garage, a portion of which will be on real property owned by two different parties; Land\Sears\Party Wall Agreement for Joint Garage RECEIVED 9/29/2008 at 4:07 PM RECEIVING # 942546 BOOK: 705 PAGE: 749 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY û06750 WHEREAS, approximately one-half of said garage is located on real property that is described as the Southerly Portion of Sears Property - 505 Pine Avenue with a legal description as shown on Attachment A and the other approximate one-half of said garage is located on real property that is described as the Northerly Portion of Sears Property - 509 Pine Avenue with a legal description as shown on Attachment B; WHEREAS, this two car garage that straddles what will become or is the property line between that which is described above as the Southerly Portion of Sears Property - 505 Pine Avenue and the Northerly Portion of Sears Property - 509 Pine Avenue, is usable by each respective real property owner as is shown by the survey completed by Thomas D. Crank, a Wyoming Professional Land Survey on September 4,2008, a copy of which is attached to this agreement as Attachment C and made part hereofby this reference; (Recorded in Lincoln County Clerk's Office as Receiving #942544 on 9/28/08) WHEREAS, said survey clearly shows the garage with a partition wall along the property line that will be shared by the respective landowners; WHEREAS, the garage which will be used by each party is subject to and contingent upon the structural soundness of the garage with portions of said structure on both parcels of land; and WHEREAS, I am desirous of avoiding, eliminating, precluding and tenninating any disputes between any future landowners and their heirs, successors, or assigns with respect to such placement and construction of the building referred to as the garage that is entirely on Lot 10 but which straddles what will become the property line and thereby will or may be owned by separate parties, to burden the respective lands to serve the other land, and to settle all questions and potential disputes relating to the ownership and use of such common or party wall and the joint garage, and all differences between the parties relating to such boundary and making such declaration public for those purchasers and all subsequent purchasers. THEREFORE, I am hereby resolving and declaring as the owner of the property described above and agreeing thatthe Southerly Portion of Sears Property - 505 Pine Avenue and the Northerly Portion of Sears Property - 509 Pine Avenue, all of which is located in Block 5 of the Original Town of Kemmerer shall be burdened as follows: SECTION ONE A wobden structure referred to and used as a garage is located across portions of Lot lOin Block 5 of the Original Town of Kemmerer as shown on Attachment C. Land\Sears\Party Wall Agreement for Joint Garage Page 2 of 5 SECTION TWO 006751 There is a center partition wall ofthe garage thatis the property line and said partition wall shall be a party wall with each respective owner ofthe Southerly Portion of Sears Property - 505 Pine Avenue and the Northerly Portion of Sears Property - 509 Pine Avenue having a right to use that partition or joint wall on their respective side subject to the limitations described herein below. SECTION THREE Neither party, owner or his heirs or assigns, may extend the height ofthe wall or partition within the garage nor impair that wall or partition's strength, injure the foundations or structure of the building in any way nor shall they be allowed or otherwise permitted to extend or add onto the garage. SECTION FOUR If it becomes necessary or desirable to repair or rebuild the whole or any part ofthe partition wall, the repairing or rebuilding expense shall be borne equally by the parties, or by their heirs and assigns who shall at the time ofthe repair or rebuilding be using it, or have a right to use said wall. Any repairing or rebuilding of the partition wall shall be on the same location, and of the same size as the original wall or partition thereof and be of the same or similar material and of the same or better quality that was used in the original partition wall or portion thereof. SECTION FIVE If it becomes necessary or desirable to paint, repair or rebuild any of the foundation, walls, or roof structure of the garage whether it be on the Southerly or Northerly Portion of Lot 10, the painting, repairing or the rebuilding expense shall be borne equally by the parties, or by their heirs and assigns who shall at the time of the painting, repairing or rebuilding be using or have the fight to use said garage. Any painting, repairing or rebuilding while the foundation of the structure or the roof shall be on the same location, and of the same size, as the original foundation or structural portion and roof or portion thereof and ofthe same or similar material of the same or better quality as that used in the original foundation, structure, roof or portion thereof. SECTION SIX Any controversy that may arise between the parties with respect to the necessity for, or cost of, painting or repairs or with respect to any other rights or liabilities of the parties under this agreement shall be submitted to the decision ofthree (3) arbitrators, one to be chosen by each ofthe Land\Sears\Party Wall Agreement for Joint Garage Page 3 of 5 (;0\1752 parties hereto and the third by the two so chosen. Costs of the arbitration shall be borne by the party who loses the arbitration. The award, including any decision concerning costs of arbitration, of the majority of such arbitrators shall be final and conclusive on the parties. SECTION SEVEN The benefits and obligations of the covenants and declarations herein shall run with and burden the td herein described so long as the partition wall, garage, or any extension thereof continues to exist and shall bind the respective parties thereto, their heirs, legal representatives and assIgns. SECTION EIGHT This joint party wall agreement shall terminate only upon the destruction of the building referred to as the garage which straddles the boundary line and is on the Southerly Portion and Northerly Portion of Lot 10 and partially on Lot 11 in Block 5 of the Original Town of Kemmerer. SECTION NINE Should the party wall or garage be damaged or destroyed by the default, negligence, or other act or omission of one of the parties, such party shall rebuild or repair the wall and garage and shall compensate the other party for any damages to the property of the other party. Should the party wall or garage at any time while in use or able to be used by the owners of the Southerly and Northerly Portions of Lot lObe injured by any cause other than the act or omission of either party, the wall or garage shall be repaired or rebuilt at the parties joint and equal expense, provided that any sum received from insurance against such injury or destruction shall first be applied to such repair or restoration and either party who has a deductible and whose insurance makes such payment shall be required to pay that deductible in the restoration and repair. SECTION TEN This agreement and easement formed as a result of this resolution shall inure to the benefit of, and be binding on, the heirs, successors and assigns of any landowner of said portions of said lot and the covenants herein contained shall run with and burden the land, provided that no part of the fee of the land on which the wall or garage is located shall pass or be vested by virtue of this agreement. IN WITNESS WHEREOF, I do hereby swear and affirm that the above is a declaration made Land\Sears\Party Wall Agreement for Joint Garage Page 4 of 5 00ô753 by me as the owner ofthe above described property and an agreement to form an easement that will burden and run with both portions of the land described herein. ~~, J~ SHIRLEY V. SEARf ' STATE OF UTAH ) CAL..-r L )ss. COUNTY OF ...J AkE) The above and foregoing instrument was acknowledged before me by Shirley V. Sears this ! gdt day of September, 2008. WITNESS my hand and official seal. ~â-þ NOTARY PUBLIC ~ My Commission Expires: ð'/:?>0I:J 00 9- I Land\Sears\Party Wall Agreement r Joint Garage Page 5 of 5 Lee:al Description ûOû754 Southerly Portion of Sears Property - 505 Pine Avenue A parcel ofland being all of Lot 11, Block 5 ofthe Original Town of Kemmerer, Lincoln County, Wyoming, and being part of Lot 10, Block 5 of said Original Town of Kemmerer. Said portion of Lot 10, Block 5 being more particularly described as follows; Commencing at southeast comer of Lot 11 of said Block 5, where is found a 2 inch diameter ACM, PELS 5465, and from which the southwest comer of said Lot 11, where is found a 2 inch ACM, PELS 5465, bears S 63° 34' 00" W, 140.00 feet; Thence N 26° 34' 00" W, along the easterly boundary of said Block 5, a distance of 50.00 feet, to the Point of Beginning of this description, where is found a 2 inch ACM, PELS 5465. Said point of beginning being the southeasterly comer of said Lot 10, Block 5' , Thence N 26° 34' 00" W, along the easterly boundary of said Lot 10, a distance of 14.60 feet to a point where is found a 2 inch ACM, PELS 5465; Thence S 63 ° 26' 00" W, a distance of 61.72 feet, to a point where is found a 2 inch ACM, PELS 5465; Thence N 26° 34' 00" W, a distance of2.58 feet, to a point where is found a 2 inch ACM, PELS 5465; Thence S 63° 26' 00" W, a distance of 44.79 feet, to a point where is found a 2 inch ACM, PELS 5465; Thence S 63° 32' 10" W, through the center partition wall of a garage, a distance 0[33.49 feet, to a point on the westerly boundary of said Lot 10, where is found a 2 inch ACM, PELS 5465; Thence S 26° 34' 00" E, along the westerly boundary of said Lot 10, a distance of 17.24 feet, to the southwesterly comer of said Lot 10; Thence N 63° 26' 00" E, along the southerly boundary of said Lot 10, a distance of 140.00 feet to the point of beginning; Said portion of Lot 10 containing 2247 sq. ft. more or less. ATTACHMENT A Y:\4319 Varvil Blk 5 OT Kemm\CORRESPONDENCE\South Legal.doc Lee:al Description C:Oô755 Northerlv Portion of Sears Property - 509 Pine Avenue A parcel ofland being the southerly 14 feet of Lot 9, Block 5 of the Original Town of Kemmerer, Lincoln County, Wyoming, and being part of Lot 10, of said Block 5 said parcel being more particularly described as follows: Commencing at southeast corner of Lot 11 of said Block 5, where is found a 2 inch ACM, PELS 5465, and from which the southwest corner of said Lot 11, where is found a 2 inch ACM, PELS 5465, bears S 63° 26' 00" W, 140.00 feet; Thence N 26° 34' 00" W, along the easterly boundary of said Block 5, a distance of 64.60 feet, to the Point of Beginning ofthis description, where is found a 2 inch ACM, PELS 5465. Said point of beginning being a point on the easterly boundary of said Lot 10; Thence S 63° 26' 00" W, a distance of 61.72 feet, to a point where is found a 2 inch ACM, PELS 5465; Thence N 26° 34' 00" W, a distance of2.58 feet, to a point where is found a 2 inch ACM, PELS 5465; Thence S 63° 26' 00" W, a distance of 44.79 feet, to a point where is found a 2 inch ACM, PELS 5465; Thence S 63° 32' 10" W, through the center partition wall ofa garage, a distance of33.49 feet, to a point on the westerly boundary of said Lot 10, where is found a 2 inch ACM, PELS 5465; Thence N 26° 34' 00" W, along the westerly boundary of said Lot 10, a distance of32.76 feet, to the northwesterly corner of said Lot 10; Thence N 26° 34' 00"" W, along the westerly boundary of said Lot 9, a distance of 14.00 feet, to the common westerly corner of the Carollo portion of said Lot 9 (northerly 36.0 feet of Lot 9) as described and recorded in bOQk 384 PR on page 782 and the Sears portion of said Lot 9 (southerly 14.0 feet) as described and recorded in book 641 on page 201 all on file in the Lincoln County Clerk's Office where is found a 2 inch ACM, PELS 5465; Thence N 63° 34' 00" E, along the common northerly boundary of said Carollo portion and said Sears portions of Lot 9, a distance of 140.00 feet, to the common easterly corner of said Carollo portion and Sears portion of Lot 9 where is found a 2 inch ACM, PELS 5465; Thence S 26° 34' 00'''' E, along the easterly boundary of said Lot 9, a distance of 14.00 feet to the southeast corner of said Lot 9; Y:\4319 Varvil Blk 5 OT Kemm\CORRESPONDENCE\North Legal.doc ATTACHMENT B (:0&756 Thence S 26° 34' 00" E, along the easterly boundary of said Lot 10, a distance of 35.40 feet, to the Point of Beginning of this description. Said parcel containing 6713 sq. ft. more or less. Y:\4319 Varvil Blk 5 OT Kemm\CORRESPONDENCE\North Legal.doc