Loading...
HomeMy WebLinkAbout951025REC.-_._ 1 2/1 1/2009 at 10:52 AM REC.EMWMNG .9$1026 BOOK ::.737 RAG;,1344. JEANNE WAGNER LINCOLN' COUNTY,-CLERi „KtvM.NIERI R,.WY., :x1,084' Know all persons by these presents that this Agr'eenieitit `oii Setback ErtcroaellizOr s dfe "Agreement is made and entered into as of the date and year when last executed by the parties below (the "Effective Date") by and'betweeri 9t *pkieh ari&Ka:tet ieek, with a principal mailing address of PO Box 2829, Jackson, Wyoming 82001, together with tlir succ heirs and assigns as more particularly addressed herein (collectively the "Giecks and Dorsey S. Larsen and Linda Ahrensback, with a principal mailing address of PQ Box, 3371, Alpine, Wyoming 83128, together with their successors, heirs and assigns ,as ii ,ore, =particularly addressed herein collectively "Larsen-Ahrensbacks"). Recitals: Whereas, the Giecks are the record owners of that certain real property located in Lincoln County, Wyoming, and more particular described as follows (hereinafter "Lot 38 Lot 38 of the Rees Subdivision as shown by the official plat thereof recorded September 1, 1955 in the Office of the Recorder of Lincoln County, Wyoming, and being a part of the North half of the Southeast Quarter (NE'hSE'/) of Section 20, Township 37 North, Range 118 West of the Sixth Principal Meridian. Whereas, the Larsen Ahrensbacks are the record owners of that certain real property located in Lincoln County, Wyoming, and more particular described as, follows (hereinafter "Lot 37 Lot 37 of the Rees Subdivision, as shown by the official plat thereof recorded September 1, 1955, in the Office of the Recorder of Lincoln County, Wyoming, and being a part of the North half of the Southeast Quarter (NE %SE'%) of Section 20, Township 37 North, Range 118 West of the Sixth Principal Meridian. Whereas, Lot 37 and Lot 38 share a common boundary which comprises the East lot line of Lot 38 and the West lot line of Lot 37 (the "Common Boundary Whereas, the Lincoln County Land Development Regulations as now in effect (the "LDRs require a setback of ten (10) feet from the lot lines for all structures constructed on Lot 37 and Lot 38, including the Common Boundary. Whereas, the Larsen Ahrensbacks wish to construct certain structures, namely a free standing garage (hereinafter the "Structure along the Common Boundary, and which proposed Structure would encroach upon the ten (10) foot setback running parallel with the Common Boundary (hereinafter the "Setback Whereas, the Giecks are willing to allow the Larsen Ahrensbacks to encroach into the Setback for purposes of constructing the Structure in exchange for certain agreements and other consideration from the Larsen Ahrensbacks. Agreement: Now, therefore, in consideration of the foregoing recitals, which recitals are hereby incorporated and made a part hereof by reference, the other mutual agreements and covenants of the parties contained herein, and other good and valuable consideration, the parties do hereby agree as follows: 1) Setback Encroachments. The Giecks, subject to the approval of any building permit applications filed by the Larsen Ahrensbacks with the Lincoln County Planning Department, do hereby agree that the Larsen Ahrensbacks shall be entitled to construct the Structure within the Setback, provided that no portion of the Structure may be constructed within two (2) feet East of the Common Boundary. 2) Further Encroachments and Development of Lot 38. The Larsen Ahrensbacks do hereby covenant and warrant to the Giecks that they will not object to any development or redevelopment of Lot 38, provided that such development or redevelopment complies with the LDRs then in effect, and provided further that no such development or redevelopment of Lot 38 may encroach more than eight (8) feet into the East setback of Lot 38 along the Common Boundary. 3) Ongoing Maintenance The Giecks and Larsen Ahrensbacks do hereby covenant and warrant unto one another that both Lot 37 and Lot 38, together with all improvements thereon, shall be maintained in a clean, safe and sightly condition. Boats, trailers, and other vehicles, snow removal equipment, and garden or maintenance equipment shall be kept within an enclosed structure at all times, except when in actual use; provided, however, that the owners of Lot 37 and Lot 38 shall be granted a reasonable exception to the provisions of this paragraph for temporary parking of the vehicles and accompanying Agreement on Setback Encroachments -1- [Signatures and Acknowledgments on Following Page] Agreement on Setback Encroachments -2- 00i)842 trailers of their guests, which placement does not exceed two (2) weeks in any given calendar month, or the outdoor parking of personal or, work vehicles which are routinely used on a day -to -day basis. Refuse, garbage and trash shall be kept at all times in a covered container, and any such container shall be kept within an enclosed structure or, if outside, appropriately screened from view and kept in a container that will not be accessible to or attract bears or other wildlife. Service areas, storage piles, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view. No lumber; grass, shrub or tree clippings or plant waste (except in screened compost piles); metals; bulk materials; scraps; refuse; or trash shall be kept, stored or allowed to accumulate on either Lot 3 or Lot 38. 4) Covenants Run With Land. The covenants, warranties and other agreements contained herein shall constitute covenants running with both Lot 37 and Lot 38 as a burden thereon and for the benefit of, both the Giecks and the Larsen Ahrensbacks, together with their respective successors, assigns and any future owner of either Lot 37 or Lot 38, any of whom may enforce the covenants, warranties and other agreements contained herein. 5) Modification. The covenants, warranties and other agreements contained herein may not be modified, amended or terminated without the prior written consent of the then record owners of both Lot 37 and Lot 38. 6) Attorney's Fees: The failure of either party to comply with the terms of this Agreement will obligate that party to pay all expenses, including reasonable attorneys' fee, incurred by the other party because of such failure, whether or not suit is filed. 7) Miscellaneous: a. Successors and Assigns: Except as otherwise provided herein this Agreement shall inure and bind both the Giecks and the Larsen Ahrensbacks, together with their respective successors, assigns and any future owner of either Lot 37 or Lot 38. b. Governing Law, Jurisdiction, Construction: This Agreement shall be construed, performed and enforced in accordance with, and governed by, the laws of the State of Wyoming, without giving effect to the principles of conflicts of laws thereof The parties hereto irrevocably elect as the sole judicial forum for the adjudication of any matters arising under or in connection with this Agreement, and consent to the jurisdiction of, the courts of the County of Lincoln, State of Wyoming, or the United State of America for the District of Wyoming This Agreement was negotiated by both parties hereto. As such, this Agreement, and any subpart herein, shall not be construed against or in favor of any party by virtue of which party drafted the Agreement or any portion thereof. c. Expenses: Except as otherwise provided herein, each of the parties hereto shall pay their own expenses in connection with the negotiation and drafting of this Agreement. d. Force Majeure: Neither party shall be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy, civil war, strikes or labor disputes, or any other cause beyond the parties' reasonable control. Each party agrees to notify the other party promptly of the occurrence of any such cause and to carry out this Agreement as promptly as practicable after such cause is terminated. e. Severability: In the event that any part of this Agreement is declared by any court or other judicial or administrative body to be null, void or unenforceable, said provision shall survive to the extent it is not so declared, and all of the other provisions of this Agreement shall remain in full force and effect. f. Section and Paragraph Headings: The section and paragraph headings in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Giecks: Dated this A=sst Larsen Ahrrnsbacks: Dated this August 2009. 0/S A Dorsey S. Larsen STATE OF WYOMING ss. County of Teton The foregoing instrument was acknowledged ,before m e by Stephen Gieck, this t- (o 2009. Witness my hand and official seal. Michael C. W;erda Notary Public County of h State of Lincoln r Wyoming My Commission Expires October 6, 2013 STATE OF WYOMING ss. The foregoing instrument was acknowledged before me by Karen 2009. County of Teton Witness my hand and official seal. Michael C. W;erda Notary Public Lincoln Wyoming State LnM g Mir Commission Expires October 6, 2013 ss. County of The foregoing instrument was acknowledged before me by Dorsey S. Larsen, this August-- C 2009. STATE OF WYOMING Witness my hand and official seal. Michael C. W,erda Notary Public County of o• State of Lincoln, Wyoming My Commission Expires October 6, 2013 STATE OF WYOMING County of G.r, 1 1 O ft. The foregoing instrument was acknowledged before me by Linda Ahrensback, this Est 2009. Witness my hand and official seal. Michael C. I.1;erda Notary Public County of q;u State of Lincoln Wyoming My Commission Expires October 6, 2013 000843 D ee .2,a 2009: Dated this Attst (c 2009. ss. Agreement on Setback Encroachments 3 Dated this t to 2009. Notary Public for the State of Wyoming My Commission Expires: O _4-- Z__(,5(3 C &J Notary Public for the State of Wyoming My Commission Expires: OGk Z6‘3 C. Notary Public for the State of Wyoming My Commission Expires: air to 2013 Notary Public for the State of Wyoming My Commission Expires: Oe-- T613 Gieck, this August