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CROSS ACCESS EASEMENT AGREEMENT
RECITALS
RECEIVED 5/2/2011 at 10:49 AM
RECEIVING 959123
BOOK: 766 PAGE: 135
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000135
THIS CROSS ACCESS EASEMENT AGREEMENT "Agreement is entered into this
day of Apr: k 20x11 "Effective Date by and between NICHE INVESTMENTS 1, L.C.,
a Utah limited liability company, and/or its successors or assigns "NIl and RENT -A -HOME INC.,
a Utah Corporation, and/or its successors or assigns "RAH (each may also be referred to as "Party"
or collectively as "Parties
WHEREAS, NIl is the owner of a certain parcel of property as more particularly described on
attached Exhibit "A" ("NH Property located near the Highway 30 Bypass, in Kemmerer, Lincoln
County, Wyoming, containing approximately 9.64 acres; and
WHEREAS, RAH is owner of certain property contiguous to the NIl Property consisting of
approximately 34.25 acres as more particularly described on attached Exhibit `B" "RAH Property
and
WHEREAS, RAH holds the WYOMING DEPARTMENT OF TRANSPORTATION
"WYDOT Access from Highway 30 and plans a mixed use development on the RAH Property; and
WHEREAS, NI1 is dependent upon access through and across the RAH Property and plans to
develop the NIl Property; and
WHEREAS, RAH desires to grant NI1 a utility and access easement for the installation and
maintenance of utilities and vehicular and pedestrian ingress and egress and parking over the RAH
Property, and NIl desires to grant RAH an access easement for vehicular and pedestrian ingress and
egress and parking over the NIl Property on the terms and conditions set forth in this Agreement; and
WHEREAS, RAH and NIl desire to set forth their respective duties and obligations with
respect to easements which will benefit the RAH Property and the NIl Property.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants and
promises contained herein, and for other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, RAH and NIl agree as follows:
1. Cross Access Easements.
000136
(a) RAH hereby grants NI1, its invitees, and guests a non exclusive easement for
the ingress, egress and access of vehicular and pedestrian traffic and for parking over and
across the RAH Property on that property lying west of the extension of Sublet Drive, (the
WYDOT access point) as shown on the Proposed Site Plan WYDOT access Exhibit attached
hereto as Exhibit "C provided that RAH may, from time to time temporarily block or restrict
the easement granted herein as may be reasonably necessary for maintenance, repair and/or
construction purposes on the RAH Property.
(b) RAH hereby grants NI1, its assigns and successors, the right to install utilities
and to maintain such across the RAH Property lying west of the extension of Sublet Drive. The
placement of said utilities to be at a mutually agreed upon crossing that is beneficial to both
parties.
(c) NI1 hereby grants RAH, its invitees, and guests, a non exclusive easement for
the ingress, egress and access of vehicular and pedestrian traffic and parking over and across
the NII Property, as shown on the Proposed Site Plan WYDOT access Exhibit attached
hereto as Exhibit "C provided, however, that Nil may, from time to time temporarily block or
restrict the easement granted herein as may be reasonably necessary for maintenance, repair
and /or construction purposes on the NIl Property.
2. Parking Requirements. RAH shall provide sufficient parking on the RAH Property as
required by all applicable governmental authorities to accommodate the use of the RAH Property.
Likewise, NIl shall provide sufficient parking on the NIl Property as required by all applicable
governmental authorities to accommodate the use of the NII Property.
3. Not a Public Dedication. Nothing contained herein shall be deemed to be a gift or
dedication of any portion of the easement areas on the RAH Property or NI1 Property to the general
public or for the general public or for any public purposes whatsoever, it being the intention of the
Parties that this Agreement be strictly limited to and for the purposes herein expressed. The right of
the public or any person to make any use whatsoever of the easement areas herein affected, or any
portion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or
dedication) is by permission, and subject to the control of RAH and NI1. Notwithstanding any other
provisions herein to the contrary, the Parties may periodically restrict ingress and egress from the
easement areas on their respective properties in order to prevent a prescriptive easement from arising
by reason of continued public use. Any restriction on ingress and egress shall be limited to the
minimum period necessary to prevent the creation of a prescriptive easement and shall occur at such
time as to have a minimum effect on the Parties.
4. Indemnification. The Parties hereto agree to defend, indemnify and hold harmless each
other, and their respective managers, trustees, agents, contractors, subcontractors, employees,
customers, guests and invitees from and against all claims, losses, demands, expenses and causes of
action which may hereafter arise out of or relate to actions or omissions by the other Party, its managers,
trustees, agents, contractors, subcontractors, employees, customers, guests and invitees at any time in
connection with easements granted herein.
2
above
5. Miscellaneous.
000137
(a) Covenants Running with the Land. This Agreement and all of the terms and
conditions contained herein shall inure to the benefit of, and be binding upon the Parties hereto
and their respective successors and assigns, and shall be "covenants running with the land
(b) Duration. The easements, rights and privileges created hereby shall continue in
perpetuity, except that if any restrictive covenant set forth herein would expire by operation of
law if not renewed, then it shall be automatically renewed for successive ten (10) year periods
unless the Parties shall execute and record a statement terminating such restrictive covenant
within sixty (60) days of the expiration of such statutory period or any ten (10) year renewal
thereof.
(c) No Waiver. A delay in enforcing or a failure to enforce any breach or violation
of any restriction herein contained shall not be deemed to be a waiver or abandonment of any
such restriction, or a waiver of the right to enforce any subsequent breach or violation of such
restriction. The foregoing shall apply regardless of whether any person affected hereby (or
having the right to enforce these restrictions) had knowledge of the breach or violation.
(d) Severability. If any one or more of the provisions of this Agreement or the
applicability of any such provision to a specific situation shall be held invalid or unenforceable
by a court of competent jurisdiction, the validity and enforceability of all the provisions of this
Agreement and all other applications of such provisions shall not be affected thereby.
(e) Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Wyoming.
(f) Successors. This Agreement shall be binding upon the heirs, successors and
assigns of the Parties.
(g) Attorneys' Fees. If any legal action or other proceeding is brought for the
enforcement of this Agreement, or because of an alleged dispute, breach, default, or
misrepresentation in connection with any of the provisions of this Agreement, the successful or
prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs
incurred in that action or proceeding, in addition to any other relief to which it or they may be
entitled.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth
[Signature Page Follows]
3
STATE OF UTAH
COUNTY OF WEBER
that he executed the foregoing document.
10►,r 4 111i
MIKELE PADOVICH
Notary Public
t State of Utah
Comm. No. 572281
My Comm. Expires Jan 21, 2012
STATE OF UTAH
COUNTY OF WEBER
1 MIKELE PADOVICN
Notary Public
Stata of Utah
Comm. No. 572281
My Comm. Expires Jan 21, 2012 0
4
000138
RENT -A -HOM
A Utah Co or
By:
Its:
NICHE INVESTMENTS 1, L.C.,
A Uti limited Liability C mpany
By: d 7 Ar AN let_ 1C, 6 iZEZ
Its: MCt;, va
On the day of N V( I 2011 personally appeared w 0 70 e L.��rfsea as
es, of RENT -A -HOME INC., a Utah Corporation, and duly acknowledged to me
S C
Notary Public
On the .4 day of Ape; 2011 personally appeared ale. ti•eeh as
lrl,o H cor, of NICHE INVESTMENTS 1, L.C., a Utah limited liability company, and duly
acknowledged to me that he executed the foregoing document.
Notary Public
�2
EXHIBIT "A"
Legal Description RAH Property
000139
A parcel of land located in the southwest 1/4 of Section 15 of the resurvey of T.21N., R116W., of the
Sixth P.M., City of Kemmerer, Lincoln County, Wyoming. Said parcel being bounded on the north by
the southerly right of way of U.S. Highway 30, and being bounded on the south by the southerly
boundary of said Section 15 and being bounded on the east by the north -south centerline of said
Section 15 and being bounded on the west by a particular parcel of land recorded and described as the
excepted tract 2 in book 117 on page 261 hereafter referred to as the Golich Exception on file at the
Lincoln County Courthouse, and being more particularly described as follows:
Commencing at the southeast corner of Section 15, of the resurvey of T. 21 N., R. 116 W., of the Sixth
P.M., City of Kemmerer, Lincoln County, Wyoming, where is found a standard GLO brass cap;
Thence N89 °52'W along the southerly boundary of said Section 15, 2,633.48 feet to the Point of
Beginning of this description. Said point being the south 'A corner of said Section 15 where is found a
standard GLO brass cap;
Thence N89 °42'24 "W, along the southerly boundary line of said Section 15, 1,314.36' to the W 1/16
corner between said Section 15 and Section 22, where is found a aluminum cap;
Thence N89 °43'23 "W along the southerly boundary of said Section 15, 4.03 feet to the southeast
corner of a particular parcel of land, being the excepted tract 2 described in book 117 on page 261 on
file in the Lincoln County Courthouse, hereafter known as the Golich Exception;
Thence N0 °02' 13 "E, along the easterly boundary of said Golich Exception, 804.63 feet to the
northeast corner of said Golich Exception. Said northeast corner being a point on the southerly right of
way of U.S. Highway 30 where is found an aluminum cap:
Thence N63 °50'25 "E, along the southerly right of way of U.S. Highway 30, 177.19 feet to a point
where is found a standard highway right of way marker;
Thence N63 °57'00 "E, continuing along the southerly boundary of U.S. Highway 30, 1,292.53 feet to a
point on the north -south centerline of said Section 15, where is found a aluminum cap stamped CCI,
PE &LS 5465:
Thence S0 °05'41 "W, along the north -south centerline of said Section 15, 1,457.13 feet to the point of
beginning of the description. The area of the parcel described herein is 34.25 acres more or less.
SUBJECT to all easements, right -of -way, and all other interests of record, if any.
EXHIBIT `B"
Legal Description NIl Property
Said parcel contains 9 6394 acres of land, more or less
000140
A parcel of land in a portion of the SW '4, of Section 15 of the Resurvey of Township 21 North, Range
116 West of the 6th Principal Meridian, Lincoln County, Wyoming, being more particularly described
as follows:
Commencing at the southwest comer of Section 15, of the Resurvey of Township 21 North, Range 116
West of the 6 Principal Meridian;
Thence S89 °44' 15 "E along the south line of Section 15 a distance of 640.83 feet more or less to the
east right -of -way of US Highway 30N bypass, said point being the point of beginning;
Thence N 19° 11' 18 "W a distance of 251.51 feet along said right -of -way to a State of Wyoming
monument;
Thence easterly along the south right -of -way line of US Highway 30N, along a curve to the right
through a central angle of 8 °59'36" a distance of 433.97 feet (chord bearing N45 °15'20 "E, chord
distance 433.53 feet) to a State of Wyoming right -of -way monument;
Thence continuing easterly along the south right -of -way line of US Highway 30N, along a curve to the
right through a central angle of 3°22'57" a distance of 163.22 feet (chord bearing N5 1 °28' 16 "E, chord
distance 163.20 feet) to a State of Wyoming right -of -way monument;
Thence continuing along the South right -of -way line of US Highway 30N, N63 °44'51 "E a distance of
357.14 feet; Thence S00° 16'05 "W, a distance of 805.54 feet; Thence N89 °44' 15 "W along the south
line of Section 15 a distance of 669.49 feet to the point of beginning
Subject to any easements, reservations, restrictions or right -of -ways of record, of sight or in use.
EXHIBIT "C"
Proposed Site Plan and WYDOT Entrance Exhibit
000141