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HomeMy WebLinkAbout950519EASEMENT 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 Gaylon G. Heiner and Kristi G. Heiner, of 3549 County Road 123, Bedford, Wyoming 83112, and Willow Creek Estates, LLC, an Idaho Limited Liability Company, of 3753 County Line Road, Rigby, Idaho 83442, Justin Summers, Managing Member, 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: Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307 -885 -2266 (1) Gaylon G. Heiner and Kristi G. Heiner, Grantor: (BURDENED PROPERTY) Lot 106, Pine View Airpark Second Filing, A subdivision of record in the Office of the Clerk of Lincoln County as Instrument No. 950 AND AND AND Lot 107, Pine View Airpark Second Filing, A subdivision of record in the Office of the Clerk of Lincoln County as Instrument No. 95 Lot 108, Pine View Airpark Second Filing, A subdivision of record in the Office of the Clerk of Lincoln County as Instrument No. 95 (2) Gaylon G. Heiner and Kristi G. Heiner, Grantees: (BENEFITTED PROPERTIES) Lot 106, Pine View Airpark Second Filing, A subdivision of record in the Office of the Clerk of Lincoln County as Instrument No. 950 RECEIVED 11/13/2009 at 12:15 PM RECEIVING 950519 BOOK: 735 PAGE: 681 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY AND (3) Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307 -885 -2266 Lot 107, Pine View Airpark Second Filing, A subdivision of record in the Office of the Clerk of Lincoln County as Instrument No. 950 Willow Creek Estates, LLC, an Idaho Limited Liability Company, Justin Summers, Managing Member, Grantee: (BENEFITTED 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. 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) 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 ingress, egress, and underground utilities 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 Pine View Airpark Second Filing, a Subdivision Access Easement to Willow Creek Estates, LLC 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. Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307 885 -2266 e00683 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 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 P Y�^' P P 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 OL 684 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. 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 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. Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307 885 -2266 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: az 6,7 GAYLON G�%HEINER KII"ISTI G. HEINER GRANTEES: e WILLOW CREEK ESTATES, LLC, An Idaho Limited Liability Company NSUMM RS, Managing Member I GAYLOl 'G. HEINER `c�1 fit, mac/ IR TI G. HEINER \T yc •Z,. Bowers Law Firm, PC Post Office Box 1550 Afton, Wyoming 83110 307-885-2266 STATE 0F IDAHO COUNTY OF )ss. 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 pf Willow Creek Estates, LLC, an Idaho Limited Liability Company, this /P'r' day of November, 2009. l F Y 4 t 0 .3 aAZ/VO t4) 0 0 Z NOTARY PUBLIC P My Commission Expires: l l WITNESS my hand and official seal. STATE OF WYOMING COUNTY OF LINCOLN SS. WITNESS my hand and official seal. My Commission Expires: O 19h 1 ;3686 The foregoing instrument was acknowledged to before me by Gaylon G. Heiner and Kristi G. Heiner this day of November, 2009. 1)a, Q NO ARY PUB IC ENFE 61 Notary Public Lincoln County Wyoming My Commission Exp '0 ires 3)5i 10 'rofessional Land Surveyors 'aul N. Scherbel Vyo. Registration No. 164 Jtah Registration No. 1670 daho Registration No. 3990 Jevada Registration No. 6805 Scott A. Scherbel Nyo. Registration No. 3889 daho Registration No. 8026 Jtah Registration No. 372111 AARLOWE A. SCHERBEL Nyo. Registration No. 5368 Surveyor Scherbel, LTD. kfton, Wyoming Sig Piney, Wyoming Jackson, Wyoming _ava Hot Springs, Idaho vlontpelier, Idaho DESCRIPTION FOR PINE VIEW AIRPARK SECOND FILING, A SUBDIVISION ACCESS EASEMENT TO WILLOW CREEK ESTATES, LLC To -wit: A strip of land thirty (30) feet in width, within Lot 106, Lot 107 and Lot 108 of Pine View Airpark Second Filing, a Subdivision, within the NE'/4NE' /4 of Section 10, T33N R118W, Lincoln County, Wyoming, described as follows: The south thirty (30) feet of Lots 106 and 107 of said Pine View Airpark Second Filing, and that part of Lot 108 lying and being situate easterly of Nobel Lane as described on an Access and Utility Easement recorded in said Office in Book 437 of Photostatic Records on page 300 and in Book 446 of Photostatic Records on page 377; all in accordance with the plat filed in the Office of the Clerk of Lincoln County titled, "PINE VIEW AIRPARK SECOND FILING, A SUBDIVISION IDENTICAL WITH LOT 101, LOT 102 AND LOT 104 OF PINE VIEW AIRPARK WITHIN THE NE1/4NE /4 SECTION 10 T33N R118W LINCOLN COUNTY, WYOMING dated 1 September 2009, as revised, filed in said Office ssion No. 9Sa 15 5 g Lanci &l i 181C :;A-J K c f l 12 October 2009 "Modification in any way of the for 4387 \Subdivision \Pine View Airpark\Pine View Airpark Second Filing description terminates liability of the r"