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HomeMy WebLinkAbout950080EASEMENT AGREEMENT Agreement made, effective as of the 16, *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, and James V. Peterson and Sherrie L. Peterson, of 1691 Rutherford Ridge, Ogden, Utah 84201, 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 lo, both situated in Township 33 North, Range 118 West 6th P.M., Lincoln County, Wyoming. (2) Gaylon G. Heiner and Kristi G. Heiner, Grantees: Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 (BENEFITTED PROPERTIES) Lot lot 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 11:38 AM RECEIVING # 950080 BOOK: 734 PAGE: 114 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY And (3) James V. Peterson and Sherrie L. Peterson, Grantees: (BENEFITTED PROPERTY) Lot 103 of Pine View Airpark, A subdivision of record in the Office of the Clerk of Lincoln County as Instrument No. 934387• B. The herein identified parties desire to create non-exclusive easements for aircraft use between the above-described adjoining properties, for the benefit of the properties described in paragraph A(2) and A(3). 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 aircraft use, including take off, landing and taxi, in favor of the herein properties described in paragraph A(2) and A(3), hereby burdening the property described in paragraph A(1), the perpetual non- exclusive easement being more particularly described as follows: See Description for Gaylon and Kristi Heiner Airstrip Tract attached hereto as "Exhibit A" and incorporated herein by reference. In addition, the easement shall include a fifty (50) foot buffer area to run along the entire South side of the property described in Exhibit A. The only restriction within the fifty (50) foot buffer zone shall be that nothing taller than four (4) feet in height may be placed or maintained within the fifty (50) foot buffer zone. CONSIDERATION The mutual promises and agreement of the parties, shall serve as sufficient consideration and payment under this agreement. Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 EASEMENTS NOT TO BE OBSTRUCTED 000116 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. 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 for aircraft purposes, including but not limited to takeoff, landing and taxi, and the easement shall be properly maintained by Grantees, or their successors or assigns, in good condition for this purpose. When repairs and/or maintenance are necessary, including removal of objects taller than four (4) feet within the buffer zone, 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 Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 shall promptly be repaired by the Grantee at his or her sole expense. 0 0.0117 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. 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 parry 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 Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement. 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 /1 day of October, 2009. GRANTORS: WILLOW CREEKESTATES, LLC, An Idaho Limited Liability Company Managing Member GRANTEES: GAYLO G. HEINER J SKA(STI-G. HEINER JAMES V. PETERSON A& L-V 67~~, SH RIE L. PETER ON Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 STATE OF IDAHO ) )SS. COUNTY OF n 0 1091.19 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. ~~~`\NpM ~i WITNESS my hand and official seal. ~ ` MO ~~i i p,R y•': T•o 4 •z - = NOTARY PUBLIC Pula inmission Expires: DAN L. HAkPV10N NOTAW PUBLIC RESIDING A"i~" ~~-I(-'~,,BY,IDAHO us~InIer vV Cfl ?IV1I3 12 Fa:I~ "3,;!22/11 STATE OF WYOMING ) ) SS. CO UNTY OF LINCOLN ) The foregoing instrument was acknowledged to before me by Gaylon G. Heiner and Kristi G. Heiner this 16'664 day of October, 2009. WITNESS my hand and official seal. NOTARY PUBLIC My Commission Expires: Y PUBLIC State of Wyoming31, 2012 E-:iim Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 STATE OF WYOMING ) ) SS. 000"".20 COUNTY OF LINCOLN ) The foregoing instrument was acknowledged to before me by James V. Peterson and Sherrie L. Peterson this - & t* day of October, 2009. WITNESS my hand and official seal. &jgi , NOTARY PUBLIC My Commission Expires: h 1- `2 1 jy~QyYh$df4 ERIKA BENCH _ NOTARY PUBLIC County of State of Lincoln \\t Wyoming My Comrnission Expires July 31, 2012 Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 DESCRIPTION FOR GAYLON AND KRISTI HEINER AIRSTRIP TRACT To-wit: - - ~+J 0-121 That part of the SE1/4NE1/4 of Section 10, T33N R118W, 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 comer of said SEl/4NE1/4, 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 SE1/4NE1/4; 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 NWI/4 of Section 3, T33N R1 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 HENER AND KRISTI 14EINER OF THE AIRSTRIP TW IT' IN THEFS b1/4NE iCTION 10 T33N RI 18W LINCOLN COUNTY, j~ed 14 A -*8 February 200 (e 'I.' 01~0568 3~. 0 Prolessional 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. Regiatratior No. 5368 Surveyor Scherbol, LTD. Afton, Wyoming Big Piney, Wyonung Jackson, Wyoming Lave Hot Springs. Idaho ? Montpelier, Idaho . "'A IN Iwo EXHIBIT NO. "Modification in any way of thl >ing description terminates liability of _ leyor" I j !'u\ S27.20'37"E 108.06' 18'48'17"E NEB 129.03' N8934'46"E cA 250.19 90 g aP y~~' approximate centerline i tiOjA of Turner Ditch ♦ l Airstrip Tract 0.54 Acre ~I I "I I I Sixty (60) foot access i and utility easentent 446 PR 877 487 PR 300 I I I 1 Iv I Lo I = N~ I 19 K) LO I~~1 I I ( I~ IZ i . I I i I V Lloyd S. Heiner Revocable Trust 276 PR 069 00"1 2.2 409 PR 806 dawws K Noble 1326.00' 1075.81' 1 S.101 S.11 iO M SE114NE1 /4 z Marie E. Turner Turner 259-7 Adjusted 589 PR 063 259 PR 007 I Glenn H. Bergman and Carlena E. Bergman Glenn H. Bergman and Carlena E. Bergman I Bergman 300-330 Ptsrcel I Adjusted Bergman 300-330 Pzrcel 2 Adjusted I W 1 51 PR 381 (zN 300 PR 390 I to I ~z I I I I 1 585 PR 381 300 PR 390 ~•*T S89'30'1 0"W 1322.89' CE T. j~1j~ 16 jE( E] indicates a Corner Record filed or to be filed in the Office of the Clerk of Lincoln County. 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. 0 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 beorIng for this survey is the north line of the NVn/4 of Section 3, T33N R118W, being S89'45'00"E. s.101 S.11 i VI Av. tia0 SCALE.' t 200 ' EXIMIT TO ACCOMPANY DESCRIPTION FOR GAYLONI MMM AND ICPM77INTER OF TTM AIRSTRIP MALT SB114NE114 SBCTTON 10 T33N R118W LINCOLN COUNTY. WYOWNG JIfOWA- Steph Cuthrlell - sue{ S LTD Aux 14 February 2008 - ARIMMM (WANL47W AWPA aw+ EXHIBIT A%r4" AV 9W7-rZ§KJY X 07V a rr-JW JW-Affs'-JVW insvw>Mr Jam' /JA-sya Mr-seer-esst.6 "F4 IA-J= Ab1-"r-Jstm,• AVA"W M /v-m~tr-a ,str~ awww.omr GHEINER Runwav.oro PLOT DATE 26 June 2005 Copyright © 2008 by Surveyor Scheibel. Ltd. All rights reserved.