HomeMy WebLinkAbout955245ROAD MAINTENANCE AGREEMENT
000865
This agreement is made this Z day of August, 2010, by and between RUDY KOCI, JR.,
AND JANICE KOCI, husband and wife, of P.O. Box 423, (490 Willowood Road, Oakley)
Diamondville, WY 83116 (hereinafter "Koci and JEAN MARIE ANNALA, SUCCESSOR
TRUSTEE OF THE CARL A. ANNALA LIVING TRUST, DATED SEPTEMBER 4, 1996nd
JEAN MARIE ANNALA, TRUSTEE OF THE JEAN MARIE ANNALA LIVING TRUST,
DATED SEPTMEBER 4, 1996, of P.O. Box 44, Diamondville, WY 83116 (hereinafter "Annala
WHEREAS, on the 12 day of July, 1973, Carl A. Annala and Jean Marie Annala deeded
to Koci a parcel of land situate within the SE1 /4 of Section 4, Township 20, North, Range 116 West
of the 6 P.M. containing 14.00 acres, more or less, together with the right of ingress and egress to
the above described lands as evidenced by the warranty deed recorded in the office of the Lincoln
County Clerk in Book 105PR at page 569. This property is known as 490 Willowood Road;
WHEREAS, for ingress and egress to the above described lands purchased by Koci, Kocis
have used and as of the date of this agreement continue to use an existing graded road known as
Willowood Road that crosses land that was owned by Carl A. Annala and Jean Marie Annala. Said
land upon which Willowood Road exists was transferred by Carl A. Annala and Jean Marie Annala
to their respective trusts described above;
WHEREAS, Kocis have always been and continue to be solely responsible for maintenance
of said road until or unless otherwise agreed in writing;
WHEREAS, Kocis have decided to sell this real property and in order to do so the lender
who has agreed to provide financing for the buyers has required a specific easement that identifies
the road with a metes and bounds description. That easement was granted to Koci by Annala on the
29 day of August, 2010;
WHEREAS, in addition to requiring a specific easement that identifies the road, the lender
who agreed to provide financing for the buyers requires a road maintenance agreement; and
WHEREAS, Annala is willing to assist Koci so Koci may close on the sale of their real
property.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. Description of the road covered by this agreement. The road which is the subject of this
agreement is described as follows:
An access road only for egress and ingress across aportion of the N1 /2SE1 /4 of Sec. 4 of the
resurvey of T.20N., R.116W., 6 P.M., Lincoln County, Wyoming Said easement being along an
existing graded road known as Willowood Road. Said road being 30.00 feet in width, 15.00 feet
each side the following described centerline. The offset and parallel boundary lines extending to and
truncating at the south right of way boundary of U. S. Highway 30 and the north boundary line of that
particular parcel of land conveyed from Carl A. Annala and Jean Marie Annala by warranty deed to
the Oregon Short Line Railroad as described and recorded in book 136 on page 616 on file in the
Lincoln County Clerk's Office (said parcel herein after referred to Oregon Short Line Railroad
parcel).
Commencing at corner number 2 of tract 37 of the resurvey of T.21N., R.116W., 6
P.M., Lincoln County, Wyoming where is found a standard U.S.G.L.O. brass cap;
thence N89 °49'53 "E, 636.63 feet to the NE corner of Sec. 4 of the resurvey of
T.20.N., R.116W., 6 th P.M., Lincoln County, Wyoming where is found a standard
U.S.G.L.O brass cap; thence S38 °09'42 "W, 1520.5 feet more or less to the Point of
Beginning Said point of beginning being a point on a curve on the south right of
way boundary of U.S. Highway 30.
Thence S24° 17'44 "W, 74.28 feet;
RECEIVED 8/31/2010 at 9:34 AM
RECEIVING 955245
BOOK: 752 PAGE: 865
JEANNE WAGNER
LINCOLN COUNTY CLERK, K
?ER, WY
Thence S28 °26'31 "W, 180.19 feet;
Thence S21 °48'58 "W, 766.21 feet;
Thence S18 °21'02 "W, 78.4 feet more or less to the point of terminus. Said point
being a point on a curve on the north boundary line of the Oregon Short Line
Railroad parcel. Said point being S31 °44'13 "W, 2595.5 feet more or less from the
NE corner of said Section 4.
Said road being 1099.1 feet in length more or less.
8. Effective Term. This agreement shall be perpetual, and shall run with the land.
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2. Road Maintenance. Road maintenance and road improvements will be incurred whenever
necessary to maintain the road in top operating condition at all times to insure the provision
of safe access by emergency vehicles. All road maintenance and road improvements shall
be performed in accordance with standards set forth in applicable statutes and ordinances.
3. Maintenance. Road maintenance shall be performed by Koci or the owner of 490
Willowood Road. For and in consideration of a detailed easement for ingress and egress on
Willowood Road from Annala and other good and due consideration, Annala and their heirs,
successors and assigns in interest shall not be responsible for any maintenance of said road
unless otherwise provided or agreed and Koci and the owner of 490 Willowood Road shall
indemnify and hold Annala harmless for any and all claim associated with maintenance of
said road.
4. Payment. Any amount due for any maintenance or improvements shall immediately be
remitted for payment of the costs incurred to the respective contractor or vendor. Koci, the
owner of 490 Willowood Road and their heirs, successors and assigns shall not allow any
lien to attach to the Road as a result of any maintenance performed on the road. Should any
lien attach, Annala or their heirs, successor and assigns may pay, but are not obligated to pay,
said lien and Koci or the owner of 490 Willowood Road and their heirs, successors and
assigns agree to indemnify and hold Annala harmless for said payment and in all matters
concerning said lien, including but not limited to interest, attorneys fees and costs associated
therewith. Annala retains the right to retain counsel and direct said legal matters.
5. Future Subdivision. In the event that Annala or their successors or assigns subdivide the
real property located adjacent to the road described above and that road is used to access said
subdivided parcels, Annala or their successors or assigns shall be equally responsible for
such maintenance with the owner of 490 Willowood Road or their successors or assigns.
6. Snow Plowing. The private road shall have snow plowed or removed in whatever manner
determined by the owner of 490 Willowood Road so as to permit year round access.
7. No Third Party Benefit. This agreement is only for the benefit of the parties who enter into
this agreement and their heirs, successors and assigns. No third party shall be entitled to use
this agreement for their benefit in any manner.
9. Binding Agreement. The terms and conditions of this easement shall be binding upon the
parties hereto and inure to the benefit of the heirs, successors in interest and assigns of the
parties named in this instrument.
10. Recording and Filing A copy of this agreement may be recorded in the Office of the
Lincoln County Clerk.
11. Amendments. This agreement may only be amended by the written unanimous consent of
the parties entering into this agreement or their successors in interest and assigns.
12. Enforcement. Should either party be required to retain an attorney to enforce any provision
of this Agreement, the prevailing party, whether litigation is initiated or not, may be entitled
to receive attorney fees and costs from the other party as determined by a court.
The parties have executed this agreement the day and year first written above.
STATE OF WYOMING
COUNTY OF LINCOLN
The foregoing road maintenance agreement was acknowledged before me by JEAN MARIE
ANNALA, Successor Trustee of the Carl A. Annala Living Trust, Dated September 4, 1996 and
JEAN MARIE ANNALA, Trustee of the Jean Marie Annala Living Trust, Dated September 4, 1996,
this 2 1 day of August, 2010.
COUNTY OF a STATE OF
LINCOLN ;4 f WYOMING
MY COMMISSION EXPIRES
My commission expires:
STATE OF WYOMING
COUNTY OF LINCOLN
CARL A. ANNALA LIVING TRUST, DATED SEPTEMBER 4,1996
St
By: JEA ARIE ANNALA, Successor Trustee of the Carl A.
Annala Living Trust, Dated September 4, 1996
JEAN MARIE ANNALA LIVING TRUST, DATED SEPTMEBER 4,1996
Witness my hand and official seal.
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ssidiii expires: Ott e4;0 I' 1 21:1-1 a
By: JE A ARIE ANN A LA, Trustee of the Jean Marie Annala
Living Trust, Dated September 4, 1996
ss
ss
RUDY KO I, JR.
J CE KOCI
The foregoing road maintenance agreement was acknowledged before me by RUDY KOCI, JR. and
JANICE KOCI, this 51`7 day of August, 2010.
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000867