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Home My WebLink About95051811/ Gi/ LGG7 11 La JG /[1t1�1GGL EASEMENT AGREEMENT Agreement made, effective as of the day. of November, 2009, by and between Gaylon G. Heiner and Kristi G. Heiner, of 3549 County Road 123, Bedford, Wyoming, 83112 GRANTOR; and Willow Creek Estates, LLC, an Idaho Limited Liability Company, of 3753 County Line Road, Rigby, Idaho 83442, Justin Summers, Managing Member, 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. 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: AND Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 RECITALS (1) Gaylon G. Heiner and Kristi G. Heiner, Grantor: (BURDENED PROPERTY) GUWtM LHW t 1KM F'HUL 472 Open Space Lot 108, Pine View Airpark Second Filing, A subdivision of record in the Office of the CIerk of Lincoln County as Instrument No. 950153. (2) Willow Creek Estates, LLC, an Idaho Limited Liability Company, Justin Summers, Managing Member, Grantee: (BENEFITTED PROPERTY) The N1SW 4NW Section 11 and N /2SE Section 10, both situated in Township 33 North, Range 118 West 6th P.M., Lincoln County, Wyoming. (3) Gaylon G. Heiner and. Kristi G. Heiner, Grantee: (BENEFI PROPERTIES) RECEIVED 11/13/2009 at 12:12 PM RECEIVING 950518 BOOK: 735 PAGE: 674 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 11/03/2009 11:25 3078851002 AND bUWLKS LAW r 1KM I Lid Lot 105, Pine View Airpark Second Filing, A subdivision of record in the Office of the Clerk of Lincoln County as Instrument No. 950153. AND Lot 106, Pine View Airpark Second Filing, A subdivision of record in the Office of the Clerk of Lincoln County as Instrument No. 95Q153. AND Lot 107, Pine View Airpark Second Filing, A subdivision of record in the Office of the Clerk of Lincoln County as Instrument No. 950 AND The SE1 /4 SE1 /4 NW1 /4, Section 1o, Township 33 North, Range 118 West of the 6th P.M., Wyoming; and the SW1 /4 of the NE1 /4 of Section 10, Township 33 North, Range 118 West of the 6th P.M., Wyoming. (4) James V. Peterson and Sherrie L. Peterson, Grantee: (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), A(3) and A(4). 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), A(3) and A(4), ,bowers law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307 -885 -2266 11/ YJJ/ CUU7 11: L3 JYJ /tlt7Z1l t)L GUWLKS LAW r 1KM I 04 `_,06676 hereby burdening the property described in paragraph A(1), the perpetual non- exclusive easement being more particularly described as follows: Open Space Lot, J.o8, Pine View Airpark Second Filing, A subdivision of record in. the Office of the Clerk of Lincoln County as Instrument No. 950 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. 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 Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307 885 -2266 111 VJI LVVJ il. LJ JV VVJXVVL 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 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 Iaws 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 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 Bowers Lew Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307- 885 -2266 11 /10J /ZtU'i 11:LO J10 /titl51bbI bUWtHb LAW 1 1KM 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. 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 day of November, 2009, Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307 -885 -2266 GRANTORS: GRANTEES: e /,491 J -pct. GAYLON v HEINER x 1 ,Jil`C,. s�- ST.I G. HEINER WILLOW CREEK ESTATES, LLC, An Idaho Limited Liability Company C PAGE 06 INS MERS, Managing Member II/ 13J/ 4Utri II; LO it) UOD1 MIL Bowers Law Finn, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 GAYLON G. EINER DUWWW LW r imm .1S7.7 G. HEI1VE R JAMES V. PETERSON JiMit) 6 L e/1 SHERRIE L. PETE SON rmum tit O J. OJ/ LUG7 1 1. L'J JG/ 08z1GGL STATE OF IDAHO COUN7Y OF My Commission Expires: 3 /I STATE OF WYOMING SS. COUNTY OF LINCOLN WITNESS my hand and official seal. My Commission Expires: STATE OF ,*OM 1 110 )SS. COUNTY OF WITNESS my hand and official seal. My Commission Expires; Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307 -885 -2266 GUWtKS LHW 1 1KM )ss. WITNESS my hand and official seal. The foregoing instrument was acknowledged to before me by Gaylon G. Heiner and Kristi G. Heiner this 0 clay of November, 2009, NOT RY PUBLI JENNIFER BRYANT Notary Public Lincoln County wyoming My Commission Expires rAUL 88 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 dire A'F�iiuly� or trustees thereof, who acknowledged the instrument to be the free et and deed of v vv i,�� Creek Estates, LLC, an Idaho Limited Liability Company, this day of No It de e r. q� Zoog p T A N The foregoing instrument was acknowledged to before me by James V. Peterson and Sherrie L. Peterson this MI'h day of November, 2009. 1 1 awl E; TARY PUBLIC E 404 OF Aw'