HomeMy WebLinkAbout952783JOINT EASEMENT AGREEMENT
This agreement, made thq� day of January, 2010, by and between DORAN
ERICKSON AND DEBRA ERICKSON, husband and wife, of Afton, County of
Lincoln, State of Wyoming trustees of the DORAN J. AND DEBRA H. ERICKSON
FAMILY TRUST dated 1 October 2003, and STEVEN FRAMPTON and LINDA
FRAMPTON, husband and wife, of Pleasant Grove, County of Utah, State of Utah,
trustees of the STEPHEN AND LINDA FRAMPTON LIVING REVOCABLE TRUST,
dated 17 May 2005.
RECITALS
A. The parties to this agreement are the owners and /or have an interest in the
lands located in Lincoln County, State of Wyoming, consisting of two parcels; and
B STEPHEN FRAMPTON and LINDA FRAMPTON, trustees of the STEPHEN
AND LINDA FRAMPTON LIVING REVOCABLE TRUST, dated 17 May 2005 are the
owners of property as shown on the plat titled "DORAN J. AND DEBRA H.
ERICKSON FAMILY TRUST, DATED 1 OCTOBER 2003 PLAT OF FAMILY
EXEMPT TRACT WITHIN THE NW1 /4 SECTION 18 T31N Rii8W LINCOLN
COUNTY, WYOMING See attached Exhibit A.
C. DORAN J. ERICKSON and DEBRA ERICKSON, trustees of the DORAN J.
AND DEBRA H. ERICKSON FAMILY TRUST dated 1 October 2003, are the owners
of the property as shown on the plat titled "DORAN J. AND DEBRA H. ERICKSON
FAMILY TRUST, DATED 1 OCTOBER 2003 PLAT OF FAMILY EXEMPT TRACT
Bowers Law Firm, PC
685 South Washington
Post Office Box 1550
Afton, Wyoming 83110 -1550
RECEIVED 4/5/2010 at 10:06 AM
RECEIVING 952783
BOOK: 745 PAGE: 72
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
Common Easement 1 of 9
00 .l0' •'3
WITHIN THE NW1 /4 SECTION 18 T31N R118W LINCOLN COUNTY, WYOMING
D. The undersigned parties to this agreement have or will have buildings and
structures being both commercial and residential, which they desire to access
through a joint easement and roadway as shown on the plat titled "DORAN J. AND
DEBRA H. ERICKSON FAMILY TRUST, DATED 1 OCTOBER 2003 PLAT OF
FAMILY EXEMPT TRACT WITHIN THE NW1 /4 SECTION 18 T31N R118W
LINCOLN COUNTY, WYOMING
E. The undersigned parties intend that the roadway easement will be available to
the undersigned parties, their heirs and assigns and is to run with the land.
F. The undersigned parties intend that the joint roadway easement is to both
burden and benefit parcels owned by each of the parties.
G. The parties desire that, at such time any improvement to the roadway
easement is made, the cost is to be shared proportionately between the parties. The
payment of the shared cost is to be born by the party instigating the improvements
and shall be reimbursed at a later date by the hereinstated other parties as they
divide, develop or use their property and to use the roadway as agreed upon by the
parties.
H. The parties intend that once the joint roadway easement is improved, each of
the parties shall maintain the roadway easement and the ways of access to it on the
property belonging to each, and each of the parties shall contribute to the
maintenance of the roadway easement proportionately for their share.
Bowers Law Firm, PC
685 South Washington
Post Office Box 1550
Afton, Wyoming 83110 -1550
Common Easement 2 of 9
2. The irrevocable rights and interests granted and conveyed in this joint
easement agreement shall allow each owner, its successors and assigns and the
tenants located on any owner's land, to use the herein described joint easement.
I. The parties intend that the roadway easement as shown on Exhibit A and the
plat titled, "DORAN J. AND DEBRA H. ERICKSON FAMILY TRUST, DATED 1
OCTOBER 2003 PLAT OF FAMILY EXEMPT TRACT WITHIN THE NI/V1/4
SECTION 18 T31N Rii8W LINCOLN COUNTY, WYOMING" shall include the right
of egress, ingress, and utilities, both above and below ground.
J. The parties intend that sewer, water, telephone and other utilities related to
their individual property, shall be utilized and may be placed in any reasonable
manner upon the joint easement, not interfering with the reasonable use of the other
property owners to this agreement.
SECTION ONE
JOINT EASEMENT
1. The undersigned parties, their heirs, successors, and assigns, hereby grant and
convey a non exclusive perpetual easement for ingress, egress and above ground and
underground utilities in favor of their real property described herein, the easement
hereby benefitting and burdening the property described herein, and the perpetual
easement being more particularly described as follows:
See attached Exhibit B
Bowers Law Firm, PC
685 South Washington
Post Office Box 1550
Afton, Wyoming 83110 -1550
000074
Common Easement 3 of 9
000®'75
Each undersigned owner, on behalf of itself, its successors and assigns, covenants to
the other party through this agreement, their successors and assigns, and the tenants
of the property of any of the undersigned owners, that they shall have an easement
and right -of -way access for ingress and egress across the herein described easement.
3. The parties understand and agree that the easement created by this document
may be used to install utilities, including water, sewer, power, telephone and other
utilities, both above and below the ground, to access their herein described land of
the parties, their heirs, successors and assigns.
4. The herein described easement is created for the purposes for vehicular
and construction access and ingress and egress to and utilities. The herein created
joint easement is to be mutually enjoyed by each party, their heirs, successors and
assigns and tenants of the parties.
5. The parties hereby agree and declare that the herein described joint
easement shall include the right to install utilities, both above and below the ground,
including but not limited to, water, sewer, power, telephone and other utilities.
SECTION TWO
MAINTENANCE OF JOINT EASEMENT
1. At such time as any improvement to the joint easement is initially made, the
cost is to be shared proportionately between the parties, their heirs, and successors
instigating the improvements and to be reimbursed at a later date by agreement of
the parties as they divide, develop, and use the property and the roadway.
Bowers Law Firm, PC
685 South Washington
Post Office Box 1550
Afton, Wyoming 83110 -1550
Common Easement 4 of 9
2. After the initial construction and improvements of the joint easement, each
party to this agreement shall be responsible for one half the costs and expenses of
repair, maintenance and snow removal over the joint easement.
SECTION THREE
MISCELLANEOUS
1. The mutual promises and agreements of the undersigned parties shall serve as
sufficient consideration and payment under this agreement.
2. The parties, their heirs, successors and /or assigns, shall not use the easement
or obstruct the herein described easement in any way that will impair the rights of
the other parties, their heirs and assigns, in the enjoyment and use of the easement.
3. The joint grant of easement shall run with the land and shall be binding on
and shall inure to the benefit of the parties of this agreement, their respective heirs,
successors, and /or assigns.
4. Each of the undersigned 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 is a result from, or arises out of, or is
attributable to any use, maintenance or repair undertaken by one party.
5. The parties expressly understand and agree, for themselves, their successors
and assigns, and on behalf of all tenants, guests of tenants, agents, employees, and
business invitees, that no party to this agreement shall have any liability to any other
party or any other person or party for any damage or injury in connection with the
Bowers Law Firm, PC
685 South Washington
Post Office Box 1550
Afton, Wyoming 83110 -1550
Common Easement 5 of 9
O0 076
Bowers Law Firm, PC
685 South Washington
Post Office Box 1550
Afton, Wyoming 83110 -1550
000077
shared facilities located on any land other than the one owned by the respective party
as a consequence of entering into this agreement or any of the actions taken in
performance of this agreement. Each party will hold the other owners harmless from
any and all liabilities or costs incurred in connection with the easements and the
facilities subject to this agreement, such as utility pipes or lines.
6. In absence of a written agreement between the parties, usage of the shared
facilities and of the easements, rights, and licenses that are established under this
agreement shall be in accordance with such reasonable usage as is normal and
customary for apartment projects of the type now owned or to be constructed and
operated by the parties.
7. Any dispute, controversy or claim arising out of or in connection with or
relating to this agreement or any breach or alleged breach of this agreement shall, on
the request of one of the parties, be submitted to and settled by arbitration as
follows: Each party shall select a person not related or affiliated to the selecting party
and the selection shall be made within 3o days after the request for arbitration by
either party. The two arbitrators so selected shall choose a third independent
arbitrator and then render a decision within 30 days after the selection. The costs of
the arbitrators and the arbitrators' fees, if any, shall be shared equally by the parties
to the arbitration; provided, however, that the arbitrators in their sole discretion may
allocate costs and fees to one of the parties to the arbitration if they believe that one
of the parties unreasonably caused a dispute, controversy or claim to be submitted to
Common Easement 6 of 9
Bowers Law Firm, PC
685 South Washington
Post Office Box 1550
Afton, Wyoming 83110 -1550
000078
arbitration. Each party shall be responsible for experts and attorneys engaged by the
party on its behalf. A decision of two of the three arbitrators shall be determinative.
Any decision rendered by arbitrators shall be final and conclusive on the parties and
a judgment on the decision may be entered in Lincoln County Court for and in behalf
of the State of Wyoming.
8. With respect to the property owned by it, each party agrees to indemnify and
hold the other harmless from all claims of every kind, of every person, including
without limitation, employees of the indemnifying party, contractors, tenants of the
indemnifying party, and subtenants or concessionaires of any tenants, and
employees, guests and business invitees of any tenants, subtenants or
concessionaires, which claims arise from or out of the construction, use, occupancy,
or possession of the property owned by the indemnifying party.
9. It is agreed that this agreement shall be governed by, construed and enforced
in accordance with the laws of the State of Wyoming.
10. 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.
11. 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 authorized representative of each party.
Common Easement 7 of 9
S
OO ;O79
12. 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 or of any breach 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 effect, as if no forbearance or waiver had occurred.
13. The undersigned parties, being grantors, hereby waive and release any and all
rights to the described easement under and by virtue of the homestead exemption
laws of the State of Wyoming.
IN WITNESS WHEREOF, each party to this agreement has caused it to be
executed on the date indicated below.
Stephe
DATED this
Bowers Law Firm, PC
685 South Washington
Post Office Box 1550
Afton, Wyoming 83110 -1550
day of January, 2010.
TON Trustee to the
NOTARY PUBLIC
Rosemary Hal*
571811
1/AyeammIseion Bxple s
November 19, 2011
STATE OF UTAH
ON THE
STATE OFUTAH
COUNTY OF UTAH
StJ O MS SWORN urge ME THIS
I A(u Jt 2210
and Lin a Frampton Living Revocable Trust, dated 17 May 2005
Stephen an Linda Frampton Living Revocable Trust, dated 17 May 2005
STATE OFWM
wow OFi
TIM HEINZ
Notary Public
State Of Utah
Oaemtssion Expires 0640.2010
COMMISSION NO. 565856
ri
i
DULY ���p m OF *��i MAI
DHO�{yDE SAME ULLY ACKNOWLEDGED O ME
Common Easement 8 of 9
DORAN ERI SON Trustee to the
Doran J. an Debra H. Erickson Family Trust, dated 1 October 2003
EBRA ERI K Tru ee to the
Doran J. and 1 rickson Family Trust, dated 1 October 2003
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by Stephen Frampton and Linda
Frampton, trustees for the Stephen and Linda Frampton Living Revocable Trust, this
day of January, 2010.
WITNESS my hand and official seal.
My commission expires:
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
My Commission Expires:
Bowers Law Firm, PC
685 South Washington
Post Office Box 1550
Afton, Wyoming 83110 -1550
WITNESS my hand and official seal.
ss.
NOTARY PUBLIC
The foregoing instrument was acknowledged before me by Doran J Ericks
H. Erickson, trustees for the Doran J. and Debra H. Erickson Family Trust this
January, 2010.
NOTARY PUBLIC
ERIKA BEI4CH NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires July 31, 2012
Oai.10s0
and Debra
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DESCRIPTION FOR
DORAN J. AND DEBRA H. ERICKSON FAMILY TRUST
DATED 1 OCTOBER 2003
ACCESS AND UTILITY EASEMENT AGREEMENT.
To -wit:
006082
A strip of land sixty (60) feel in width for ingress, egress and utilities, over, under and
across the S'ANW1/4 and the N'/2SW' of Section 18, T31N R118W, Lincoln County,
Wyoming, being thirty (30) feet each side of the following described centerline:
BEGINNING at a brass cap at the intersection of the westerly right -of -way line of U.S.
Highway 89 with the south line of said S'VNW'/4, N89 57' -25 "W, 63.69 feet, from the
southeast corner of said SY2NW1/4;
thence N89 57' -25 "W, 1647.57 feet, along said south line, to a spike at the center of a
sixty (60) foot radius cul -de -sac, said cul -de -sac to include the thirty (30) foot radius
return curves on the northerly and southerly line of this easement as depicted on the
below referenced plat;
the BASE BEARING for this survey is the north line of the NW1/4 of Section 18, T31N
R118W, being N89 34' -00 "E;
the northerly and southerly lines of the above described easement to be shortened or
lengthened as necessary to create a continuous easement with a minirnwn width of sixty
(60) feet to meet the westerly right-of-way line of said U.S. Highway 89;
each "brass cap" marked by a 2" galvanized steel pipe with brass cap inscribed,
"MARLOWE A. SCHERBEL AFTON, WYOMING PLS 5368 with appropriate details
found;
each "corner" found as described in the Comer Record filed or to be filed in the Office of
the Clerk of Lincoln County;
each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel
reinforcing road with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD PLS
5368 AFTON WY with appropriate details;
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln
County titled, "DORAN J. AND DEBRA H. ERICKSON FAMILY TRUST, DATED 1
OCTOBER 2003 PLAT OF FAMILY EXEMPT TRACT WITHIN THE N W 1 /4
SECTION 18 T31N R118W LINO BOUNTY, WYOMING dated 17 March 2009,
a
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EXHIBIT