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HomeMy WebLinkAbout950665EASEMENT AGREEMENT RECEIVED 11/20/2009 at 10:41 AM RECEIVING 950665 BOOK: 736 PAGE: 397 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY e0 397 THIS EASEMENT AGREEMENT, dated this 23rd day of July, 2009, is between TAMARA C. BUDGE, TRUSTEE of the Tamara Budge Living 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 amended plat filed on November 6, 2009 as Instrument No. 950415 in the records of Lincoln County, Wyoming (the "Amended 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 UTILITY EASEMENT for the benefit of the RBM Property (the "Easement described on the Amended Plat as "AN EASEMENT TO RIVER BEND MEADOWS, LLC AND ASSIGNS FOR THE PURPOSE OF OPERATING AND MAINTAINING A CONCRETE HEADGATE STRUCTURE, UNDERGROUND IRRIGATION PIPELINES AND ALL APPURTENANCES THERETO. and WHEREAS, RBM and its predecessors have constructed a concrete headgate, underground pipeline, and appurtenances thereto, within the Easement; and WHEREAS, Budge and RBM have agreed to document their respective rights and obligations concerning the Easement, for their mutual benefit as well as their heirs, successors and assigns; NOW, THEREFORE, Budge and RBM agree as follows: 1. GRANT OF EASEMENT. Budge hereby grants RBM the Easement, over that portion of the Budge Property described above and shown on the Amended Plat, for the purpose of installing, operating, maintaining, repairing and replacing buried water EASEMENT AGREEMENT BUDGE, TRUSTEE RIVER BEND MEADOWS, LLC PAGE 1 OF 4 00 398 pipelines, a concrete headgate, and other appurtenant structures, to convey water to the RBM property. 2. RBM RIGHTS OBLIGATIONS. RBM's use of the Easement 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 within the Easement 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. Subject to Budge's obligations below, 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. NO INTERFERENCE. Budge reserves the right to use the Budge Property, including the area covered by the Easement, as Budge deems appropriate, provided such use does not interfere with RBM' S use of the Easement. B. NO CONSTRUCTION. Budge shall not install or build any structures or improvements within the Easement, other than structures and improvements that can and will be reasonably removed by Budge upon written notice from RBM so as not to obstruct or interfere with RBM's use of the Easement. 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. EASEMENT AGREEMENT BUDGE, TRUSTEE RIVER BEND MEADOWS, LLC PAGE 2 OF 4 5. EASEMENT TO RUN WITH THE LAND. The Easement created herein shall run with the lands identified herein, and shall be binding on and shall inure to the benefit of the Parties and their respective heirs, successors, and assigns. 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 WHEREOF, the Parties have caused this Easement Agreement to be signed as of the date indicated above. BY: T ARA C. BUDGE, TRUS E of the Tamara Budge Living Trust dated April 2, 2008 RIVER BEND MEADOWS, LLC, a Wyoming limited liability company DAN G. OLSE MANAGER EASEMENT AGREEMENT BUDGE, TRUSTEE RIVER BEND MEADOWS, LLC PAGE 3 OF 4 r2‘0141? 399 STATE OF WYOMING COUNTY OF LIKwim- SS. ACKNOWLEDGED before me this /9 day of s ,f 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. 4 CLAUDIA ANDERSON Notary Public *cap County 1 try ConxnNokiel Ex v a�x My Commission expires: \S STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me this 2 -V day of 2009, by Dan G. Olsen, who acknowledged further that he signed t e for going 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. COQ, :uyOF 4 STATE OF UN OLN h `e W N YOM 43 NOTARY PUBLIC my r s! 3 PJIRES :'`Nfy CominissidifexPir sue. f -2_1 t r, NOTARY PUBLIC EASEMENT AGREEMENT BUDGE, TRUSTEE RIVER BEND MEADOWS, LLC PAGE 4 OF 4 00