HomeMy WebLinkAbout953088ACCESS AND UTILITY EASEMENT AGREEMENT 60600G
This ACCESS AND UTILITY EASEMENT AGREEMENT is made and
entered into thisl.Z„J day of 1P1& 2010 by and between Russell
Motzkus and Michelle Motzkus, husband and wife, of Lincoln County Wyoming
(hereafter "Grantor and Sego Ventures, LLC, a Wyoming Limited Liability
Company with its principal place of business in Lincoln County, Wyoming
(hereafter "Grantee (collectively, the "Parties
RECITALS
WHEREAS, Grantor desires to grant to Grantee one (1) perpetual, non-
exclusive, reciprocal, rent -free, sixty foot (60') wide access and utility easement
(the "Access and Utility Easement according to the terms and conditions set
forth herein; and
WHEREAS, the Grantor and Grantee agree that the Grantee's property
shall be the property benefiting from the easement rights granted herein, such
property described in the Warranty Deed recorded on June 1, 2007 in Book 660
PR Page 280 in the office of the Lincoln County Clerk in Kemmerer, Wyoming,
and more particularly described as follows "Grantee's Property"):
That part of the Northeast Quarter of the Southeast Quarter of Section 10,
Township 35 North Range 119 West, Lincoln County, Wyoming,
including part of those tracts of record in the Office of the Clerk of Lincoln
County in Book 593 of Photostatic Records on page 283, and in Book 638
of Photostatic Records on page 557, described as follows:
COMMENCING at a position on the East line of said Northeast Quarter of
the Southeast Quarter, within the bounds of State Highway 89, North
00°07'54" West, 182.01 feet, from the Southeast corner of said Northeast
Quarter of the Southeast Quarter;
thence South 89 °51'12" West, 42.87 feet, to the POIINT OF BEGINNING
on the Westerly right-of-way line of U.S. Highway 89;
thence continuing South 89 °51'12" West, 620.99 feet, along the North line
of that tract of record in said Office in Book 322 of Photostatic
Records on page 329, to the Northwest point of said tract in Book
322;
thence South 00°48'25" East, 180.13 feet, along the West line of said tract in
Book 322; to a pipe;
thence continuing South 00°48'25" East, 1.54 feet, to the Southwest point
of said tract in Book 322, on the South line of said Northeast
Quarter of the Southeast Quarter;
Access and Utility Easement Agreement
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thence South 89°53'02" West, 325.69 feet, along said South line, to the
point of intersection of said South line with the West line of said
tract in Book 454;
thence North 00°26'12" West, 0.46 feet, to the Southwest pipe of said tract
in book 454;
thence continuing North 00 °26'12" West, 998.55 feet, along said West line,
to a point at a fence corner;
thence South 89°38'45" East, 318.82 feet, along an existing east-west fence
line, to a point on the West line of that tract of record in said Office
in Book 454 of Photostatic records on page 181;
thence South 01 °08'24" East, 79.83 feet, along said West line, to the
Northwest point of Clearview Village Phase I, a subdivision of
record in said Office as Instrument No. 924197;
thence South 00°48'25" East, 586.33 feet, along the West line of said
Clearview Village Phase I, and the West line of that tract of record
in said Office in Book 628 of Photostatic Records page 742, to the
Southwest point of said tract in Book 638;
thence North 89 °49'41" East, 623.57 feet, along the North line of said tract
in Book 638, to the Northeast point thereof;
thence South 00°11'08" West, 148.90 feet, along the East line of said tract in
Book 638, to the POINT OF BEGINNING.
LESS AND EXCEPT the land described in Quit Claim Deed recorded
August 3, 2006 in Book 628PR on page 748 of the records of the
Lincoln County Clerk; and
WHEREAS, the easement property shall be the property burdened by the
easement rights granted herein and more particularly described as follows (the
"Easement Property"):
A strip of land sixty (60) feet in width within the NE1 /4SE1 /4 of Section
10, T35N R119W, Lincoln County, Wyoming, with the south line
described as follows:
BEGINNING at the southeast corner of that tract of record in the Office of
the Clerk of Lincoln County, in Book 628 of Photostatic Records on page
748, on the westerly right -of -way line of U.S. Highway 89, N06 07' -32 "W,
410.53 feet, from the southeast corner of said NE1 /4SE1/4;
thence S89 51' -12 "W, 620.99 feet, along the south line of said tract, to the
southwest point thereof;
the BASE BEARING for this survey is the east line of the SE1 /4 of Section
Access and Utility Easement Agreement
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C00007
10, T35N R119W, being N00 07' -54 "W;
each "corner" found as described in the Corner Record filed or to be filed
in the Office of the Clerk of Lincoln County;
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the northerly right -of -way line of the above described easement to be
shortened or lengthened as necessary to create a continuous easement
with a minimum width of sixty (60) feet to meet the westerly right -of -way
line of said U.S. Highway 89 and the westerly boundary line of the above
referenced tract;
each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2"
aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS
5368 with appropriate details;
all in accordance with that plat prepared to be filed in said Office titled,
"CLEARVIEW VILLAGE PHASE II WITHIN THE NE1 /4SE1/4 SECTION
10 T35N R119W LINCOLN COUNTY, WYOMING dated 23 October
2007, as revised; and
WHEREAS, said Access and Utility Easement shall be appurtenant to the
Grantee's Property; and
WHEREAS, The purpose of the Access and Utility Easement is to provide
for: (1) year -round pedestrian and vehicular access to and from Grantee's
property, by Grantee, its agents, successors, and assigns; (2) the installation and
maintenance of roads; (3) the erection and maintenance of signs; and (4)
connection to existing utility infrastructure. Nothing in this Access and Utility
Easement Agreement is intended to prohibit use of the Access and Utility
Easement by the Grantor, provided such use does not interfere with the use of
the Access and Utility Easement by the Grantee.
This Access and Utility Easement Agreement shall be in perpetuity and no
charges or fees may be exacted in the future by any of the parties or their heirs
for the use of said easement.
NOW THEREFORE, for and in consideration of the sum of TEN AND
NO /100 DOLLARS ($10.00), and other good and valuable consideration, in hand
paid, receipt and sufficiency of which is hereby acknowledged along with the
covenants and promises contained herein, the parties agree that the properties
described above shall be burdened and benefited by this Access and Utility
Easement, subject to certain terms and conditions, all as more fully set forth and
described below:
Access and Utility Easement Agreement
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Access and Utility Easement Agreement
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1. Installation of and Connection to Utilities. Installation of and /or connection
to utilities shall be at Grantee's sole cost and expense. Connections shall be to the
nearest utility connection site from the east boundary of Grantee's property
within the 60' easement. Upon installation and connection of the utilities, the
roadway surfaces shall be repaired and /or constructed in accordance with
applicable Lincoln County Standards.
2. Access to the Easement Property for Construction, Maintenance and Repair.
Grantee shall have the right, at its sole cost and expense, upon reasonable notice
to Grantor, or the then current owner as the case may be, to enter upon Grantor's
property for the purposes of construction, installation, maintenance,
reconstruction, replacement and repair of the roadway and utilities to be
installed in the Access and Utility Easement Area; provided, however, that any
disturbance of or damage to the surface of Grantor's property caused thereby
shall be restored as nearly as possible to the condition existing prior to such
entry. As a further condition of such entry, Grantee (or its successor and /or
assigns) shall indemnify, defend and hold harmless Grantor (or its successors
and /or assigns) from and against all loss or damage, including but not limited to
mechanics liens claims as well as claims for personal injury or property damage,
occasioned by such entry.
3. Damage to Easement Property. Each of the parties shall be responsible for any
damage they may cause to the Easement Property. The party responsible for such
damage shall promptly make all needed repairs, restoring the Easement Property
to its condition prior to the damage. As a further condition of this Easement,
Grantee (or its successor and /or assigns) shall indemnify, defend and hold
harmless Grantor (or it successors and /or assigns) from and against all loss or
damage, including but not limited to mechanics liens claims as well as claims for
personal injury or property damage, occasioned by damage to the Easement
Property caused by Grantee.
4. Obstructions to Use of the Easement Property. Neither Grantor, Grantee, nor
any person permitted to use the Easement Property under the terms of this
Access and Utility Easement may utilize the Easement Property in a way that
interferes with its use by any other person permitted to use it. No building or any
other structures shall be constructed or permitted upon any part of the Access
and Utility Easement Area nor any vehicle parked thereon. Any obstructions or
impediments to the use of the Easement Property may be removed, without
notice, by the Grantor or Grantee and the cost of such removal shall be borne by
the party causing or responsible for such obstruction.
5. Enforcement of Agreement. The Grantor and Grantee shall have the right to
legally enforce this Access and Utility Easement Agreement and the covenants,
conditions and restrictions set forth herein, by whatever action or actions are
legally available, including, without limitation, enjoining any violation or
threatened violation hereof.
6. Amendments. This Access and Utility Easement Agreement may not be
modified, amended or terminated except by execution and recording of a written
instrument signed by both the Grantor and Grantee.
7. Binding Effect. The Easement and obligations granted and created herein
shall be deemed covenants running with the land and shall be binding and
benefit not only the parties hereto but also their respective heirs, personal
representatives, assigns, successors in interest, mortgagees, and any tenants or
other persons to whom may be granted rights and privileges under this Access
and Utility Easement Agreement; which grant of rights and privileges may be
either in writing, oral, or by tacit consent.
8. Successors. All of the terms, covenants, conditions, and obligations set forth in
this Access and Utility Easement Agreement shall inure to the benefit of and
bind the Grantor and Grantee, and their respective successors, transferees and
assigns, and shall continue as a servitude running in perpetuity with the
Grantor's Property.
9. Severability. If any provision or specific application of this Access and Utility
Easement Agreement is found to be invalid by a court of competent jurisdiction,
the remaining provisions or specific applications of this Agreement shall remain
valid and binding.
10. Governing Law. This Access and Utility Easement Agreement shall be
governed by and construed under the laws of the State of Wyoming.
11. Attorney's Fees. In the event that any action is filed in relation to this
Agreement, the unsuccessful party in the action shall pay to the successful party,
in addition to all the sums that either party may be called on to pay, a reasonable
sum for the successful party's attorney's fees.
IN WITNESS WHEREOF, the parties hereto have caused this Access and Utility
Easement Agreement to be executed as of the date and year first above written.
ACCEPTED AND AG EED TO:
Ru -sell Mo zkus Date
Access and Utility Easement Agreement
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Thgloregoing impumerlt was acknowledged before me by Russell Motzkus this
d'day of J" rotr-c 2010.
1
My Commission Expires:
47/ 41
Michelle Motzkus
The foregoing ins ment was acknowledged before me by Michelle Motzkus
this 12 day of C h 2010.
i to PdA.L.O.tAN
Notary Pulkc
Residing at h LtP(.4 ,f`i\ LJY
M Commission Expires:
4
STATE OF WYOMING
COUNTY OF LINCOLN
The forego3: instrume
VanDeburg thi I V day of
My Commission Expires:
QC.)10
SS.
Notary P licA
Residing at: 11 OLkN
Date
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was ac owledged before me by Jeff
2010.
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IE UTMAN NOUHY PUBLA,
COUNTY OF e,.•7 STATE OF
LINCOLN 3 WYOMING
Wk. .11 SEPT
STEPHANIE CAREY NOTARY P UBLIC
COUNTY OF
LINCOLN
MY COMMISSION FYI
l'E OF
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Access and t ity asement
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COUNTY OF wy STA 0mI TE N O G F
MY PINE SEPT. 09 2013
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