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Home My WebLink About950079EASEMENT AGREEMENT Agreement made, effective as of the 4* day of October, 20o9, by and between Willow Creek Estates, LLC, an Idaho Limited Liability Company, of 3753 County Line Road, Rigby, Idaho 83442, Justin Summers, Managing Member, GRANTOR; and Gaylon G. Heiner and Kristi G. Heiner, of 3549 County Road 123, Bedford, Wyoming 83112, GRANTEES. 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) Willow Creek Estates, LLC, an Idaho Limited Liability Company, Justin Summers, Managing Member, Grantor: (BURDENED PROPERTY) The N 1/2 SW 1/4 NW 1/4 of Section 11 and N 1/2 SE 1/4 NE 1/4 of Section 10, both situated in Township 33 North, Range 118 West 6th P.M., Lincoln County, Wyoming. (2) Gaylon G. Heiner and Kristi G. Heiner, Grantees: (BENEFITTED PROPERTIES) Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 Lot 1o1 of Pine View Airpark, A subdivision of record in the Office of the Clerk of Lincoln County as Instrument No. 934387• AND Lot 102 of Pine View Airpark, A subdivision of record in the Office of the Clerk of Lincoln County as Instrument No. 934387• AND Lot 104 of Pine View Airpark, A subdivision of record in the Office of the Clerk of Lincoln County as Instrument No. 934387• RECEIVED 10/19/2009 at 11:31 AM RECEIVING # 950079 BOOK: 734 PAGE: 105 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000'106 B. The herein identified parties desire to create non-exclusive easements for ingress, egress and underground utilities between the above-described adjoining properties, for the benefit of the properties described in paragraph A(2). DECLARATION OF EASEMENTS The parties agree as follows: The undersigned parties, their heirs, successors, and assigns, hereby grant and convey perpetual non-exclusive easements for ingress, egress, and underground utilities in favor of the herein properties described in paragraph A(2), hereby burdening the property described in paragraph A(i), the perpetual non- exclusive easement being more particularly described as follows: See Description for Pine View Airpark Second Filing, a Subdivision Access Easement from Willow Creek Estates, LLC and Description for Gaylon and Kristi Heiner Airstrip Tract attached hereto as "Exhibit A" and incorporated herein by reference. CONSIDERATION The mutual promises and agreement of the parties, shall serve as sufficient consideration and payment under this agreement. EASEMENTS NOT TO BE OBSTRUCTED The parties, their heirs, successors, or assigns, shall not use the easements or obstruct the herein described easements in any way that will impair the rights of the other parties, their heirs and assigns in the use of this easements. USE OF EASEMENT All parties shall have reasonable unlimited use of the herein described easements for any use that they feel is appropriate, providing however, that such use shall not interfere with any other party's use of the easements and subject to the terms and limitations of this document. Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 (1w 00107 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. REPAIR AND MAINTENANCE OF EASEMENTS The easement premises shall be used as a roadway for vehicular traffic and underground utilities, and the easement shall be properly maintained by Grantees, or their successors or assigns, in good condition for this purpose. Grantees, or their successors or assigns, agree at their sole expense to construct a roadway of its choice over the easement described herein. When repairs and/or maintenance are necessary, said Grantees shall give reasonable notice to the Grantor and may undertake such repairs or maintenance anywhere on the easement premises, provided that the repairs and/or maintenance shall not interfere, encroach or damage the adjacent land of the Grantor. The Grantor shall have no responsibility or obligation to pay for any maintenance, improvements or capital improvements unless agreed on, in writing, by the Grantor. Any damage to the easement premises caused the Grantees shall promptly be repaired by the Grantee at his or her sole expense. 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 at the beginning of this agreement. 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. Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 C§004 AIR 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 parry 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 Grantees, 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. Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 V-0013- 09 IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on the date indicated below the provisions of this agreement. DATED this /l 4 day of October, 2009. GRANTORS: WILLOW CREEKESTATES, LLC, An Idaho Limited Liability Company SU1VWERS, Managing Member GRANTEES: GAYLO . HEINER STI I J G. HEINER Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 STATE OF IDAHO ) )SS. COUNTYOF 00v"J:.4 The foregoing instrument was acknowledged before me by Justin Summers who appeared before me and was personally known to me, and by whom duly sworn and upon oath represented that he was a Managing Member of Willow Creek Estates, LLC, an Idaho Limited Liability Company, that the instrument was signed on behalf of Willow Creek Estates, LLC, an Idaho Limited Liability Company, by the authority of the board of directors or trustees thereof, who acknowledged the instrument to be the free act and deed of Willow Creek Estates, LLC, an Idaho Limited Liability Company, this day of October, 2009. WITNESS my hand and official seal. -/'1-7 • ••pR y• % 11 - G O P 'a3 • • ~irinission Expires: 'q 7-E , o'~ rllllIU STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) NOTARY PUBLIC DAN L. c ~,~6J iJFAFRY PUBLIC II I aft: T,IDAHO COMNSSION EXIHI,s°ES 01/22/11 The foregoing instrument was acknowledged to before me by Gaylon G. Heiner and Kristi G. Heiner this day of October, 2009. WITNESS my hand and official seal. NOTARY PUBLIC My Commission Expires: / d /I,-) . Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 i DESCRIPTION FOR GAYLON AND KRISTI HEINER AIRSTRIP TRACT To-wit: - - r ED 0 0, 0, i -tj That part of the SE1/4NE1/4 of Section 10, T33N Rl l8W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 409 of Photostatic Records on page 806, described as follows: BEGINNING at the northwest corner of said SE 1 /4NE 1 /4, identical with the northwest corner of said tract of record; thence N89°-34'-46"E, 250.19 feet, along the north line of said SE1/4NE1/4, to a point; thence S52°-52'-12"W, 313.90 feet, to a spike on the west line of said SE1ANE1/4; thence N00°-O1'-28"E, 187.64 feet, along said west line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 0.54 acres, more or less; the BASE BEARING for this survey is the north line of the NW1/4 of Section 3, T33N RI 18W, being S89°-45'-00"E; SUBJECT to a sixty (60) foot access and utility easement of record in said Office in Book 437 of Photostatic Records on page 300 and in Book 446 'of Photostatic. Records on page 377 each "corner" found as described in the Corner 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 "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY DESCRIPTION FOR GAYLON H E AND KRISTI HEINER OF THE AIRSTRIP TRACT WITJPN THE SE1/4NE CTION 10 T33N RI 18W LINCOLN COUNTY, WN, dad 14 Feb . ~ February 200 Professional Land Surveyors Paul N. Scherbal Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 8605 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. $368 Surveyor Scherbol, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs. Idaho Montpelier, Idaho It EXHIBIT NO. 't "Modification in any way of the description terminates liability of th-,... _ Jor" it Lloyd S. Heiner Revocable Trust S2S O67"E 276 PR 069 0 G ~.F' ~".A A.2 8'4877"E S P w~ 729.03' N89'34'46"E 1326.00' N 16 250.19• 90 1075.81' S.101 S.11 ' approximate centerline of Turner Ditch 11 ♦ . " Airstrip Tract 1 0.54t Acre M I 1 Sixty (60) foot access and utility easement 446 PR 377 437 PR 300 1 IV N •i~01 ICq MI It2;I 1 I I~ 1 IZ i ( I I 409 PR 806 James K Noble 0 SE114NE1 /4 z Marie E. Turner Turner 259-7 Adjusted 589 PR 063 259 PR 007 Glenn H. Bergman and Carlene E. Bergman Glenn H. Bergman and Carlene E. Bergman Bergman 300-330 Parcel I Adjusted Bergman 300-330 Parcel 2 Adjusted IW I 585 PR 381 585 PR 381 I~ 300 PR 390 , 300 PR 390 ~ I 10 1 I 1z I I I -`f S89'30'1 0"W 1322.89' CE-f-6 YM*M Q indicates a Comer Record filed or to be filed in the Office of the Clerk of Lincoln County. 4D indicates a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD BIG PINEY WYOMING PLS 3889", with appropriate details, found. • indicates a 3/8 x 12' steel spike, found. Q indicates a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details. set. 0 indicates a 3/8 x 12' steel spike, set. - - - - indicates an easement line. - indicates a centerline of an easement. The base bearing for this survey is the north line of the Nn/4 of Section 3, 733N R118W, being S89'45'00"E. 5.101 5.11 QS a, sao aao S04LE.' 1 " - 200 ' JVKZMIT TO ACCOMPANY DESCRUMON FOR GAYLONHSIIKER AND ICtISTT INNER OP TTM AIRSTRIP 77 ACT 7TH K TTE SEI14NE114 SECTION 10 T33N RI18W LINCOLN COUNTY, WYOMING AmL,VwAr Steah Cuthrlell 7 yn• 14 February 2006 ~ L aw Juvw fie' d7.r7.1,'fA*W /IVAROV-A" WA-AW-AW /fWAVINOW EXHIBIT OV dt7!'4uwAir'j9=r-A"r d&:,Kn "a A=f-A" rnr-AM-"#7 /,s" nu-ria .fl7~1.lCl~fi errs in-r= ACM-rra-J",,• AVAMM"oe ZQ-r=Atr-snt-AftW ,=r GHEINER Runway.oro PLOT DATE: 26 June 2006 Copyright Q 2005 by Surveyor Scherbel. Ltd. All rights reserved. 041k 'avah, DESCRIPTION FOR %Ajpy PINE VIEW AIRPARK SECOND FILING, A SUBDIVISION (joij113 ACCESS EASEMENT FROM WILLOW CREEK ESTATES, LLC To-wit: - - A strip of land thirty (30) feet in width, within the SE'/4NE'/4 of Section 10, T33N RI 18W, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 636 of Photostatic Records on page 29, with the north line described as follows: BEGINNING at a position, S89°-34'-46"W, 483.00 feet, from the northeast comer of said SE'/4NE%4; thence S89°-34'-46"W, 580.73 feet, along said north line, to a point on the northeasterly extension of the easterly right-of-way line of that easement of record in Book 446 of Photostatic Records on page 377; the BASE BEARING for this survey is the west line of the NW'/4 of Section 10, T33N RI 18W, being S00°-09'-37"E; the southerly right-of-way line 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 said easterly right-of-way line; each "position" is a calculated position with no monument found or set; each "corner" found as described in the Corner 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; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PINE VIEW AMPARK SECOND FILING, A SUBDIVISION IDENTICAL WITH LOT 101, LOT 102 AND LOT 104 OF PINE VIEW AIRPARK TIWHIN THE NE'/4NE/4 SECTION 10 733N R118W LINCOLN COUNTY, WYOMING", dated 1 September 2009, as revised. September Professional Land Surveyors Paul N. Scherbel 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. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho \Sub visi n\l'ine Vi w A r 1 inev l u Ai-0, Second Filing "Modification in any way of th oing descrlptionTerminaies ii~a iii y o{ ~eyor