Loading...
HomeMy WebLinkAbout957415DATE: December 2010 PERPETUAL NONEXCLUSI;'6TE IRREVOCABLE LICENSE FOR LAND USE This Perpetual Nonexclusive Irrevocable License for land use is entered into by and between GECR, LLC a Wyoming Limited Liability Company (hereafter referred to as "Grantor and Raymond S. Floyd and Debra L. Floyd (hereafter referred to as "Licensee WHEREAS, Licensee desires to enter into a land use agreement with the Grantor for the purposes, terms, and conditions hereafter set out, specifically for the purpose of maintaining a water line across the Grantor's property for the purposes of serwi:ng irrigation to the Licensee's land; and WHEREAS, the Grantor desires to enter into a land use agreement with the Licensee to allow the Licensee to use the Grantor's real property for the purposes of maintaining a water line across the Grantor's property to irrigate the Licensee's real property and desires to enter into an agreement with the following terms and conditions hereafter set out; and WHEREAS, the parties mutually agree that they desire to enter into a perpetual, nonexclusive, irrevocable land use license pursuant to the following terms and conditions hereafter set out. AGREEMENT NOW THEREFORE, in consideration of the mutual promises and performance of the parties, the parties mutually covenant and agree as follows; 1. GRANT. The Grantor hereby grants Licensee an irrevocable nonexclusive license for a perpetual term from the effective date of this agreement, without warranty to enter the following described tract of land: License for Land Use Page z of6 000649 RECEIVED 1/3/2011 at 9:44 AM RECEIVING 957415 BOOK: 759 PAGE: 649 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY S1/23W1 /4 end SW1/45B1,/4 of adieu 26 TUN:R119W, Gtth?. M., Lincoln county Wyomttag, TOGETHER Wi'e'ld; t ,at aertair 60 abet wide Access and utility Basement as dawn bad and recorded inBaole 630 at 1?ago 584 Receiving #921416, Lincoln County Clerk's Office. LESS AND EXCEPT the land contained in Warn ty Dccd recorded rune 25,19813 Book 177PR on page 714 of the records of the Lincoln Comity Cleric, ALSO, LESS AND EXCEPT the land contained in Warranty Deed recorded January 14, 1994 in Book 344PR on page 163 of the records of the Lincoln, County Clerk. ALSO, LaSS AND EiCCEPT the land contained in Warranty Deed recorded July 5, 1994 in Book 3531P. on page 593 of the records of the Lincoln County Clark. License for Land Use Page 2 of 6 00065 1 ALSO, LESS AND EXCEPT the Iend contained in Memorandum of Sale recorded October 23, 1995 in /34:4k 375PR on p ego 96 Otte records cities Lincoln County Clerk ALSO, LESS AND EXCEPT the land contained in Warranty Deed recorded September 2,1999 in Book 435PR on page 297 of the records of the Lincoln County Clerk. Sdbjeet, however to all reservations, restrictions, protective covenants, exceptions, casements and rights -oway of in sight, or in uso.• For the limited use and purpose as described in paragraph 3 hereof. No 'other uses are intended or implied under this agreement other than those specifically stated in paragraph 3 h.ereof. 2. 1, EFFECTIVE DATE. The effective date of this license is December 2010. 3. PERMI'.l USES. (a) During the term hereof Licensee shall use the license area for the following described uses and purposes only: The licensee may access the connection to Stewart Creek Irrigation Pipeline for the purposes of connecting a hand irrigation line and run the hand line across the Grantor's property described herein to the Licensee's real property. The purpose being to access the ;Stewart Creek Irrigation main line with the Licensee's hand line. The Licensee will only place the hand line above ground during the irrigation season and will remove it and store it during the non irrigation •months. The location is to be generally as the hand line has been used in its present location and more specifically described in paragraph 4. (b) Licensee agrees to move a portion of the hand line one to three times a year to allow the Grantor to maintain and operate their farm and ranch operation. as: 000651 (c) The parties agree to work together to prevent unreasonable interference with the Grantor's farming operations and the Licensee's access to irrigation water, (d) The Grantor will give the Licensee reasonable notice when the hand line or a portion of the hand line is to be removed for the farming purposes as described above. 4. LOCATION. The general location of the irrigation water line is described BEGINNING at a position on. the south line of Lot 168 of Nordic Ranches Division No. 12, of record in the Office of the Clerk of Lincoln County with Accession No W15288, N89 39' -22 "W, 81.44 feet, from the southwest corner thereof; thence S08 °-47' -05'x, 350.97 feet, along an existing irrigation line, to a position; thence SO8 10' -07 "W, 158.92 feet, along an existing irrigation line, to ,a position; thence S05 53' -49 "W, 260.56 feet, along an existing g irrigation line, to a position on the north line of that tract of record in said Office in Book 712 of Photost stie Records (xi page 89; the BASE BEARING for this survey is the north line of said tract in :Book 712, being S82 40' -12 "E; 5. TERM. This agreement is a perpetual agreement that will be binding upon the Grantor and the Grantor's successors in interest, however, may be terminated by mutual written agreement of the parties and /or their successors in interest. 6. MODIFICATION OF LOCA'T'ION OF HAND LINE. (a) The Grantor anticipates that at some point, the real property subject to this agreement will be subdivided and current utilities and irrigation lines will be re- routed to different locations. In the event the Grantor subdivides the property, the Grantor will ensure that the Licensee still has reasonable access to the Stewart Creek Irrigation Pipeline. If the Grantor desires to move the mainline, then the Grantor will be responsible to ensure that the main water line access is located within approximately 300 feet of the Licensee's property, The parties agree that the remaining 380 feet to the Licensee's property will be installed underground by the parties. The Grantor will be responsible for the excavation, providing standard bedding materials, and backfiil for License for Land Use Page 3 of 6 000652 the pipe installation. The Licensee will be responsible to purchase the pipe and fittings to be installed and will connect the pipe to the irrigation water line. The installation will provide water in at least the quantity and duration as has been historically available to the Licensee regardless of the subdivision demands. The Grantor will make all reasonable efforts to minimize the time that the water will be cut off during the transition from one line to the other, and maintain water flows during the irrigation season. 7. CONSIDERATION. The mutual promises and actions of the panties shall provide consideration for this agreement. 8. OPERATIONS. The parties agree to conduct their operations in a reasonable manner and not reasonably interfere with the other party's use of their property. 9. INDEMNIFICATION. Licensee agrees to defend, indemnify, and hold harmless the Grantor for any injury caused by the Licensee's use of the hand line and irrigation water. Grantor agrees to defend, indemnify, and hold harmless the Licensee for any damage to Licensee's hand line caused by Grantor's farming operation..'' 10. WARRANTIES. (a) The Grantor makes no warranty, expressed or implied, and has not assumed and shall not have any liabilities whatsoever regarding the volume or nature of the water being provided to the Licensee from the Stewart Creek Irrigation District. The Licensee represents that they have had a full opportunity to inspect the real property of the Grantor and has determined that the property is suitable for the intended use and accepts the use of the Grantor's property "as is" with all faults. (b) The parties warrant and state that they have the authority to enter into this agreement concerning the real property described herein. 11. NOTICES. Any notices required or permitted under this Agreement shall be in writing and set by facsimile or telecopier followed by a permanent record.or given personally or by registered or certified mail, return receipt requested as followed: To Grantor: GECR, LLC P.Q. Box 3258 License for Land Use Page 4 of 6 party. Alpine, WY 83128 To Licensee: Raymond S. Floyd p ebra L. Either party may change its notice address by effective notice given to the other IN WITNESS WHEREOF, the parities hereto have executed this Agreement effective as of the date written above. GRANTOR: GECR, LLC STATE OF WYOMING ss. COUN'IY OF LINCOLN The foregoing instrument was acknowledged before me by_Calgit06 r of s who personally appeared and was personal known to me, and after being dully sworn and upon his oath, represented that he was the me Pr of GECR, LLC, that the instrument was signed on behalf of GECR, LLC, by the authority of the members and that he executed the foregoing instrument on behalf of GECR, LLC, and that this instrument was the free act and deed of GECR, LLC this to day of December, 2010 WITNESS my hand and official seal. My Commission Expires: 1°1 t l DANA Mtn.' UIT NOV O? P JBLIC; ..vu,,Ly of State of Lincoln No ng My C' ,n Expires .10 1 11 ACKNOWLEDGEMENT icense for Land Use Page 3of6 By: NOTARY PUBLIC LICENSEE: Raymond S. Floyd Debra A. Floyd ©00653 STATE OF WYOMING ss, COUNTY OF LINCOLN The foregoing instrument was acknawwledged before me by `n�J who personally appeared and was personally known to me, this `nab' of December, 2010 WITNESS my hand and official seal. My Commission Expires: to k,ct tw ACKNOWLEDGEMENT NOTARY PUBLIC NOTARY PUBLIC STATE OF WYOMING Ft. GRIFFIN 0,141.TY Of s LINCOLN License for Land Use Page 6of6 04v6544