HomeMy WebLinkAbout950663RECEIVED 11/20/2009 at 10:37 AM
RECEIVING 950663
BOOK: 736 PAGE: 393
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
GRANT OF LICENSE
00i:4'4393
HIS GRANT OF LICENSE "Agreement dated this Z1 rkday of
2009, is between TAMARA C. BUDGE, TRUSTEE of the Tamara
Budge Li g Trust dated April 2, 2008, 47 Patriot Lane, Cody, Wyoming 82414
"Budge and RIVER BEND MEADOWS, LLC, a Wyoming limited liability
company, 190 Newport Center Drive #100, Newport Beach, California 92660 "RBM
together the "Parties
WHEREAS, Budge is the owner of Lot 6 of Jepperson Subdivision, Lincoln
County, Wyoming, (the "Budge Property as described on the official plat filed on
March 22, 1995 as Instrument No. 799432 in the records of Lincoln County, Wyoming
(the "Jepperson Final Plat'); and
WHEREAS, RBM is the owner of River Bend Meadows Subdivision (the "RBM
Property") as shown on the official plat filed on November 29, 2006 as Receiving No.
924843 in the records of Lincoln County, Wyoming; and
WHEREAS, the Budge Property is encumbered by a 25' UTILITY EASEMENT
for the benefit of the RBM Property (the "Easement described on the Jepperson Final
Plat as "AN EASEMENT TO ROLAND M. STEADMAN AND ASSIGNS FOR THE
PURPOSE OF OPERATING AND MAINTAINING A CONCRETE HEADGATE
STRUCTURE, UNDERGROUND IRRIGATION PIPE AND ALL APPURTENANCES
THERETO. and
WHEREAS, Budge and RBM have agreed to terminate the Easement, and Budge
is willing to grant RBM (in place of the Easement) a license to continue using the same
area of the Budge Property covered by the Easement (the `Basement Area on certain
conditions provided herein.
NOW, THEREFORE, Budge and RBM agree as follows:
1. GRANT OF LICENSE. In place of the Easement, Budge hereby grants
RBM a license to use the Easement Area to install, operate, maintain, repair and replace a
concrete headgate structure, underground irrigation pipelines, and all appurtenances
thereto, for the purpose of conveying water to the RBM Property. Such license shall
continue only until terminated by Budge as provided below.
GRANT OF LICENSE
BUDGE, TRUSTEE RIVER BEND MEADOWS, LLC
PAGE 1 OF 4
2. RBM RIGHTS OBLIGATIONS. RBM's use of the license shall be
subject to the following terms and conditions:
A. NOTICE. When practical, RBM shall give Budge 120 days'
written notice prior to disturbing the Budge Property to install, maintain, repair or
replace buried water pipelines, the concrete headgate, and other appurtenant
structures within the Budge Property. In the event of an emergency, RBM may
disturb the Budge Property to work on RBM's improvements with reasonable
notice to Budge (rather than 120 days).
B. COSTS. RBM shall be responsible for all costs of installing,
operating, maintaining, repairing and replacing RBM's buried water pipelines,
concrete headgate, and other appurtenant structures on the Budge Property.
C. REPAIRS. RBM shall be responsible for repairing the surface of
the Budge Property that is disturbed as the result of RBM's work within the
Budge Property.
D. INDEMNIFICATION. RBM agrees to indemnify and hold
Budge harmless for any and all claims or damages arising out of RBM's work
within, and use of, the Budge Property.
3. BUDGE RIGHTS OBLIGATIONS.
A. USE OF EASEMENT AREA. Budge reserves the right to use
the Easement Area, provided such use does not unreasonably interfere with
RBM's use of the license granted herein. Following termination of RBM's
license as provided below, Budge may use the Easement Area however Budge
deems appropriate.
B. TERMINATION OF LICENSE. Budge may terminate RBM's
license in order to construct and maintain structures or improvements within the
Easement Area that will interfere with RBM's continued use. To terminate the
license, Budge shall give RBM at least 120 days written notice before beginning
any work that will affect RBM' S use of the Easement Area. Before Budge begins
such work, RBM may remove or modify its improvements within the Easement
Area to accommodate Budge's work. Upon expiration of the 120 day period,
RBM's license to use the Easement Area shall be deemed terminated.
4. CONSIDERATION. For and in consideration of the mutual promises
and agreements of the Parties herein, and other valuable consideration, receipt of which is
hereby acknowledged, the Parties state and declare that consideration has been provided
to each of them for this Agreement. In consideration of RBM's agreement to terminate
the Easement, Budge shall grant RBM (in addition to the license described herein) a
separate and different easement to install, operate, maintain, repair and replace a concrete
GRANT OF LICENSE
BUDGE, TRUSTEE RIVER BEND MEADOWS, LLC
PAGE 2 OF 4
00339x4
headgate structure, underground irrigation pipelines, and all appurtenances thereto,
pursuant to a separate Easement Agreement between RBM and Budge.
5. ASSIGNMENT OF LICENSE. The license made herein, and all rights
and obligations related thereto, shall be deemed assigned and transferred by each Party
hereto, to their respective heirs, successors, and assigns, upon transfer of title to their
property, without any further action by the Parties, and shall be in effect until notice of
revocation of the license is filed in the Office of the Clerk of Lincoln County, Wyoming.
6. ENTIRE AGREEMENT. This Agreement constitutes 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 except to the extent
incorporated in this Agreement.
7. MODIFICATION OF AGREEMENT. Any modification of this
Agreement shall be binding only if evidenced by agreement in writing signed by the
Parties or their heirs and successors and assigns.
8. WAIVERS. The failure of the Parties to this Agreement to enforce the
performance of the terms and conditions set forth herein, or a waiver of a breach of any
of the terms and conditions set forth herein, shall not be construed as a continuing waiver
of such failure or breach, and the terms and conditions shall remain in full force and
effect as if no such forbearance or waiver had occurred.
9. ATTORNEY'S FEES AND COSTS. In connection with any litigation,
including appellate proceedings, to enforce the terms of this Agreement, the prevailing
party shall be entitled to recover reasonable attorneys' fees and costs.
IN WITNESS HEREOF, the Parties have signed this Agreement as of the date
indicated above.
MARA C. BUDGE, TRUSTEE
of the Tamara Budge Living Trust dated April 2, 2008
RIVER BEND MEADOWS, LLC,
a Wyoming limited liability company
BY:
DAN OLSEN, MANAGER
GRANT OF LICENSE
BUDGE, TRUSTEE RIVER BEND MEADOWS, LLC
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STATE OF WYOMING
SS.
COUNTY OF SARK
ACKNOWLEDGED before me this j day of'44 2009, by
Tamara C. Budge, who acknowledged further that she signed the foregoing document as
Trustee of the Tamara Budge Living Trust dated April 2, 2008 pursuant to authority
provided to her as Trustee of said trust.
WITNESS my hand and official seal.
CLAUDIA ANDERSON
Notary Public
LIncoln County
My Commission' OW 4 +L ..U�.,
My Commission expires: s a of d
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me this 2 3day of 2009, by
Dan G. Olsen, who acknowledged further that he signed the foregoing document as
Manager of River Bend Meadows, LLC, a Wyoming limited liability company, pursuant
to authority provided to him as Manager of said company.
WITNESS my hand and official seal.
y HUNSAKER NOTARY PUBU
SHEILA D. O STATE OF
COUNTY OF WYOMING
LINCOLN r N TARP PUBLIC
MY COMMISSION EXPO
My Commission expires:
CSC 0 eti o
NOTARY PUBLIC
GRANT OF LICENSE
BUDGE, TRUSTEE RIVER BEND MEADOWS, LLC
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