HomeMy WebLinkAbout963042THIS ACCESS AND UTILITY EASEMENT (the "Easement is executed by the Canyon Club
Inc., a Wyoming Corporation "Canyon Club and Carolyn D. Edgcomb, Successor Trustee
under the Edgcomb Living Trust dated March 4, 1996, restated January 20, 2006, and any
amendments thereto "Edgcomb (both Canyon Club and Edgcomb collectively referred to
hereafter as the "Grantors in favor of Lyle We Waggoner and Sharon A. Waggoner, Trustees of
the Lyle W. Waggoner and Sharon A. Waggoner Inter Vivos Revocable Trust Agreement U /A/D
August 11, 1981, U /R/D September 22, 2011, and any further amendments thereto "Grantee
on the date hereinafter set forth.
1. GRANT OF EASEMENTS.
00654
ACCESS AND UTILITY EASEMENT
(a) Lot 19 and Lot 28 Easements. Pursuant to the reservations of authority in the
Certificates of Owner in Plats 1030 and 1031, filed of record in the Teton County
Wyoming Clerk's Office, Canyon Club hereby grants and conveys to Grantee, and
Grantee's heirs, successors and assigns, a perpetual non exclusive easement for the
construction, maintenance and repair of utilities and for egress and ingress over,
under, through, and across the following described real property, including the right
to perform the construction, maintenance and repair of the road located thereon
(collectively, the "Lot 19 and Lot 28 Easements
Lot 19 of Snake River Canyon Ranch, The River Homes, Teton County,
Wyoming according to that plat recorded in the Office of the Teton
County Clerk on September 18, 2001 as Plat No. 1030 (Teton County
PIDN: 22- 39- 16- 32 -4 -01 -001); and
Lot 28 of Snake River Canyon Ranch, The Ranch Homes, Teton County,
Wyoming according to that plat recorded in the Office of the Teton
County Clerk on September 18, 2001 as Plat No. 1031 (Teton County
PIDN: 22- 39- 16- 32 -4 -02 -005);
(b) River Bend Ranch Easement. Edgcomb hereby grants and conveys to Grantee, and
Grantee's heirs, successors and assigns, a perpetual non exclusive easement for the
construction, maintenance and repair of utilities and for egress and ingress over,
under, through, and across the real property described on Exhibit "A" attached hereto
and incorporated herein, including the right to perform the construction, maintenance
and repair of the road located thereon (collectively, the "Riverbend Ranch
Easement
The Lot 19 and Lot 28 Easements and. the Riverbend Ranch Easement shall be collectively
referred to herein as the "Easements" and the "Servient Estate
2. CONSIDERATION. The consideration given to the Grantors by Grantee is the
covenants and promises made herein by Grantee to and in favor of Grantor as memorialized by
the acceptance of the Easements and the recording of this instrument in the Office of the Clerk of
Access Utility Easement (Canyon Club Inc._Edgcomb Trust/Waggoner Inter Vivos Revocable Trust Page 1 of 5
4. RESTRICTIONS: LIABILITY AND MAINTENANCE.
0065;
Teton County, Wyoming and Lincoln County, Wyoming, and Ten Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged.
3. APPURTENANT EASEMENT. The easements granted hereby are binding on
and hence shall inure to the benefit of the parties hereto, their heirs, their successors and assigns,
and are for the benefit of and shall be appurtenant to that parcel of land located in Sections 21, 28
and 29, Township 38N, Range 116W, Teton County and Lincoln County, Wyoming specifically
described as Homestead Entry Survey 185 as depicted on that Plat of Homestead Entry Survey
185 accepted on January 10, 1922 in the General Land Office /U.S. Surveyor General's Office;
(Teton County PIDN: 22- 38- 16- 08 -04 -00 -003 and Lincoln County PIDN: 12-38-16-28-2-00
001); hereafter, collectively "the Dominant Estate."
(a) The parties shall not use the Easements in any way that would obstruct passage
thereon by pedestrians and /or motor vehicle traffic, nor shall they use the same for
parking at any time; excepting therefrom such obstruction or parking as may be
reasonably required temporarily in connection with construction, maintenance or
repairs of the servient estate. No fence or other barrier or change in grade or
elevation which would prevent or obstruct the free passage of pedestrian or vehicular
traffic across the Easements shall be permitted, except if reasonably required
temporarily for safety and security in connection with construction, maintenance or
repairs.
(b) Grantor and Grantee further agree that neither the Grantor nor Grantor's heirs,
successors or assigns shall be liable in any manner whatsoever to the Grantee, their
heirs, successors, assigns or to any person for any loss, injury or damage arising out
of the use of the Easements by Grantee, or Grantee's heirs, successors, assigns,
invitees or licensees excepting therefrom any injury, damage or loss resulting from the
gross negligence or willful misconduct of Grantors or Grantors' agents or employees.
5. Construction. This Easement shall be construed in accordance with the laws of
the State of Wyoming. Venue is in Teton County, Wyoming.
6. Notice. Any notice to be given or to be served upon any party hereto must be in
writing, and may be given by facsimile, or certified or registered mail and shall be deemed to
have been given and received upon confirmed transmission by facsimile, or the day such notice
is deposited with FedEx or another generally recognized overnight courier, addressed to the
appropriate party hereto, or when a certified or registered letter containing such notice, properly
addressed, with postage prepaid, is deposited in the United States Mail. For purposes of notice,
the addresses of the parties shall be those addresses of the owners of each lot contained in the
deeds filed of record in the Office of the Teton County Clerk, Wyoming or the Office of the
Lincoln County Clerk, Wyoming for such lots at the time of such notice. Any party may change
its address by written notice to the other party in the manner set forth above.
7. Severability. In case any one or more of the provisions contained in this
Easement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this
Easement shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
Access Utility Easement (Canyon Club Inc._Edgcomb Trust /Waggoner Inter Vivos Revocable Trust Page 2 of 5
8. Entire Agreement; Modification. This Easement embodies and constitutes the
entire understanding between the parties with respect to the transactions contemplated herein and
all prior or contemporaneous agreements understandings, representations, statements are merged
into this Easement. Neither. this Easement nor any provision hereof may be waived, modified,
amended, discharged, or terminated except by an instrument in writing signed by all of the
parties hereto or their heirs, successors or assigns.
9. Counterparts. This Easement may be executed in any number of counterparts
and each such counterpart hereof shall be deemed to be an original instrument, but all such
counterparts together shall constitute but one agreement.
IN WITNESS WHE OF, the parties hereto have caused this Easement to be executed on this
'day of Fro, 20
GRANTOR: CAROLYN D. EDGCOMB, SUCCESSOR TRUSTEE UNDER THE
EDGCOMB LIVING TRUST DATED MARCH 4, 1996, RESTATED
NUARY 20, 2006, AND ANY AMENDMENTS THERETO
R. Scott Garland, Attorney in Fact for Ca •lyn
D. Edgcomb, Successor Trustee under the Edgcomb
Living Trust dated March 4, 1996, restated
January 20, 2006, and any amendments thereto
STATE OF ik)C ,)!1 rt, c
)ss.
COUNTY OF 1( _..Fs.)
The foregoing instrument was acknowledged before me by R. Scott Garland, Attorney in
Fact for Carolyn D. Edgcomb, Successor Trustee under the Edgcomb Living Trust dated March
4, 1996, restated January 20, 2006, and any amendments thereto, this day of
20 1.Z:
Witness my hand and official seal.
SEAL
DEBORAH c, nisi UNC;;
NOTARY PUBLIC
Teton County
Rey/ Como rission Expires May spy f
Notary Public
My commission expires:
Access Utility Easement (Canyon Club Inc._Edgcomb Trust /Waggoner Inter Vivos Revocable Trust Page 3 of 5
00656
GRANTOR: CANYON ,CLUB_ 1 C.
I
Alt
Carolyn D/ dgcomb, Pr sident
STATE OF I�
v.
COUNTY OF °Fp
The foregoing instrument w s acknowledged before me by Carolyn D. Edgcomb,
President of Canyon Club Inc., this day of 20 L
SEAL
Witness my hand and official seal.
.fil '.eN°ht•'YY'R� i h. rvs. �4.F.c�'b"`..�3• �'A!
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My co ission expir- s: L 1
Access Utility Easement (Canyon Club Inc._Edgcomb Trust /Waggoner Inter Vivos Revocable Trust Page 4 of 5
00657
KNOW ALL MEN BY THESE PRESENTS, for $10.00 and other valuable consideration, the
receipt and sufficiency of which is hereby acknowledged by Lienholder (as defined below), it is hereby
declared and acknowledged by Lienholder, as follows:
THAT, First Interstate Bank (the "Lienholder the owner and holder of the following described
mortgage (the "Mortgage
STATE OF \I 00 IN C
)ss.
COUNTY OF fth y�
Mortgage executed by L. Richard Edgcomb and Carolyn D. Edgcomb, as husband and wife, in
favor of First Interstate Bank, and recorded on January 18, 2008 in the Office of the Clerk of
Teton County, Wyoming in Book 688 of Photo at Pages 627 to 633;
hereby consents to the terms and conditions of that certain Access and Utility Easement (the "Easement
attached hereto, and hereby subordinates the lien, effect and terms and conditions of the foregoing
Mortgage to the Easement and to the grants, terms and conditions set forth therein.
IN WITNESS W pEOF, Lienholder has caused these presents to be executed as of the
/S h day of c 4• 20 9 2
The foregoing instrument was acknowledged before me by L, l..l k J( as
can iti\n( 1 C>rtx y C(1 G of First Interstate Bank, this I S-h day of
r�br i ckx 20 IL
Witness my hand and official seal.
SEAL
TWtCiiiC 1101 i N6iARL PPi16
COUNTY of a n' STATE OF
LINCOLN WYOMING
CONSENT TO EASEMENT
MY COMMISSION EY 'ES DECEMBER 12.2012
LIENHOLDER:
First Interstate Bank
By: f
Name:
Title: (V
ry
commission ex pi es: I "y Z- 1 Z
0.0658
Nota ttblic
Myc p
Access Utility Easement (Canyon Club Inc._Edgcomb Trust /Waggoner Inter Vivos Revocable Trust Page 5 of 5
LEGAL DESCRIPTION
OF
AN ACCESS UTILITY EASEMENT
ACROSS SECTION 5 SECTION 8
T38N, R116W, 6 11) P.M.
TETON COUNTY, WYOMING
An eighty (80.00) foot -wide access and utility easement across parts of
Section 5 and Section 8, T38N, R116W, 6 P.M., Teton County, Wyoming, the easterly
line being more particularly described as follows;
BEGINNING at a point on the north line of said Section 5, said point bears
S 89 599.37 feet from the north 1/4 corner of said Section 5, T38N, R116W, 61h
P.M. where is found a monument as described in a Wyoming Corner Record on file in the
Office of the Clerk of Teton County, Wyoming;
THENCE along the west line of that parcel of record described in Book 400 of.
Photo, Pages 718 -719, S 31 23'18 "W, 221.68 feet;
THENCE departing said west line along a non tangent curve to the left, of which
the radius point lies S 50 °34'16 "E, a radial distance of 485.00 feet; thence southwesterly
along the arc, through a central angle of 05 44'08 a distance of 48.55 feet, the chord of
said curve being S 36 33'40 "W, 48.53 feet;
THENCE S 33 41'36 "W, 93.58 feet;
THENCE along a curve to the left having a radius of 160.00 feet and an arc
length of 10.65 feet, through a central angle of 03 48'46 being subtended by a chord of
S 31 10.65 feet;
THENCE S 29 52'50 "W, 184.6I feet;
THENCE along a curve to the left having a radius of 630 feet and an arc length of
50.56 feet, through a central angle of 04 °35'53 being subtended by a chord of
S 27 °34'54 "W, 50.55 feet, to an intersection with the west line of said parcel;
THENCE along the west line of said parcel, S 31 23'18 "W, 39.30 feet to an
angle point on said west boundary;
THENCE along the west line of said parcel, S 06 °10'23 "W, 21.28 feet;
THENCE departing said west line along a non tangent curve to the left, of which
the radius point lies S 70 06'29 "E, a radial distance of 630 feet; thence southerly along
the arc, through a central angle of 01°50'49", a distance of 20.31 feet, the chord of said
curve being S 18 °58'07 "W, 20.31 feet;
THENCE S 18 02'43 "W, 132.44 feet;
THENCE along a curve to the Ieft having a radius of 140.00 feet and an are
length of 26.70 feet, through a central angle of 10 °55'39 being subtended by a chord of
S 12 34'53 "W, 26.66 feet;
THENCE S 07 07'03 "W, 152.38 feet;
THENCE along a curve to the left having a radius of 410.00 feet and an arc
length of 71.56 feet, through a central angle of 09 59'59 being subtended by a chord of
S 02 07'04 "W, 71.47 feet;
THENCE S 02 52'55 "E, 123.66 feet;
THENCE along a curve to the left having a radius of 860.00 feet and an arc
length of 121.43 feet, through a central angle of 08 °05'25 being subtended by a chord of
S 06 55'38 "E, 121.33 feet;
THENCE S 10 58'21'E, 272.61 feet;
THENCE along a curve to the left having a radius of 460.00 feet and an arc
length of 75.51 feet, through a central angle of 09 °24'17 being subtended by a chord of
S 15 40'29 "E, 75.42 feet;
THENCE S 20 22'38 "E, 235.38 feet;
THENCE along a curve to the right having a radius of 1,040.00 feet and an arc
length of 36.38 feet, through a central angle of 02 00'15 being subtended by a chord of
S 19 22'30 "E, 36.38 feet;
THENCE S 18 22'23 "E, 220.37 feet;
Page 1 of 3
00659
THENCE along a curve to the left having a radius of 960.00 feet and an arc
length of 47.96 feet, through a central angle of 02 °51'45 being subtended by a chord of
S 19 47.96 feet;
THENCE S 21 14'07 "E, 66.41 feet;
THENCE along a curve to the right having a radius of 290.00 feet and an arc
length of 43.39 feet, through a central angle of 08 34'23 being subtended by a chord of
S 16 56'56 "E, 43.35 feet;
THENCE S 12 °3944 "E, 49.46 feet;
THENCE along a curve to the left having a radius of 260.00 feet and an are
length of 23.44 feet, through a central angle of 05 09'57 being subtended by a chord of
S 15 14'43 "E, 23.43 feet;
THENCE S 17 °49'41 "E, 174.14 feet;
THENCE along a curve to the left having a radius of 360.00 feet and an are
length of 92.94 feet, through a central angle of 14 being subtended by a chord of
S 25 °13'27 "E, 92.68 feet;
THENCE S 32 °37'13 "E, 152.31 feet;
THENCE along a curve to the right having a radius of 540.00 feet and an arc
length of 155.36 feet, through a central angle of 16 °29'04 being subtended by a chord of
S 24 22'41 "E, 154.83 feet;
THENCE S 16 °08'09 "E, 185.46 feet;
THENCE along a curve to the right having a radius of 540.00 feet and an arc
length of 35.86 feet, through a central angle of 03 48' 16 being subtended by a chord of
S 14 14'01 "E, 35.85 feet;
THENCE S 12 19'53 "E, 51.21 feet;
THENCE along a curve to the Ieft having a radius of 660.00 feet and an arc
length of 132.72 feet, through a central angle of 11°31'19", being subtended by a chord of
S 18 05'32 "E, 132.50 feet;
THENCE S 23 °51'12 "E, 124.84 feet;
THENCE along a curve to the right having a radius of 440.00 feet and an are
length of 85.57 feet, through a central angle of 11°08'32", being subtended by a chord of
S 18 16'56 "E, 85.43 feet;
THENCE S 12 °42'40 "E, 76.86 feet;
THENCE along a curve to the left having a radius of 1060.00 feet and an arc
length of 243.52 feet, through a central angle of 13 °09'47 being subtended by a chord of
S 19 °17'34 "E, 242.99 feet;
THENCE S 25 52'27 "E, 407.18 feet;
THENCE along a curve to the left having a radius of 360.00 feet and an are
length of 98.91 feet, through a central angle of 15 °44'34 being subtended by a chord of
S 33 44'44 "E, 98.60 feet;
THENCE S 41 37'01 "E, 102.01 feet;
THENCE along a curve to the right having a radius of 590.00 feet and an are
length of 259.66 feet, through a central angle of 25°12'56", being subtended by a chord of
S 29 00'33 "E, 257.57 feet;
THENCE S I6 24'05 "E, 255.43 feet;
THENCE along a curve to the right having a radius of 2040.00 feet and an arc
length of 254.61 feet, through a central angle of 07 09'04 being subtended by a chord of
S 12 °49'33 "E, 254.45 feet;
THENCE S 09 15'01 "E, 241.21 feet;
THENCE along a curve to the right having a radius of 540.00 feet and an arc
length of 112.33 feet, through a central angle of 11 being subtended by a chord of
S 03 17'27 "E, 112.13 feet;
THENCE S 02 40'06 "W, 392.92 feet more or less to a terminus at an intersection
with the north line of that parcel of record described in Book 459 of Photo, Pages
1096 -1099 on file in said Office, said terminus bears S 10 °15'02 "E, 5720.38 feet from
the POINT OF BEGINNING;
The sidelines of said easement are to be extended or shortened to intersect with
the north line of said Section 5 or with the north line, or the westerly projection thereof,
of that parcel described in Book 459 of Photo, Pages 1096 -1099;
Said easement ENCOMPASSES an area of 11.06 acres more or less;
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00660
TOGETHER WITH
An access and utility easement across part of Section 8, T38N, R116W, 6 P.M.,
Teton County, Wyoming, the easterly line being more particularly described as follows;
BEGINNING at the northwest corner of that parcel of record described in Book
459 of Photo, Pages 1096 -1099, said point bears S 47 50'42 "E, 514.90 feet from the 1/4
corner common to said Section 5 and said Section 8, T38N, R116W, 6 P.M. where is
found a monument as described in a Wyoming Corner Record on file in the Office of the
Clerk of Teton County, Wyoming;
THENCE along a west line of said parcel, S 00°26'01"E, 329.01 feet;
THENCE departing said west line, along a non tangent curve to the right, of
which the radius point lies N 65 °54'42 "E, a radial distance of 510.00 feet; thence
northeasterly along the arc, through a central angle of 26 °45'24 a distance of 238.17
feet, the chord of said curve being N 10 42'36 "W, 236.01 feet;
THENCE N 02 40'06 "E, 97.21 feet;
THENCE N 90 00'00 "E, 36.84 feet to the POINT OF BEGINNING;
Said easement ENCOMPASSES an area of 0.25 acres more or Less;
Todd Cedarholm
Wyoming PLS No. 6447
On Sight Land Surveyors, Inc.
Jackson, WY
E 12217138122 38- 16- 51LEGALS{For 35 acre Parcelleasement #3A doc 12/4/03
Page 3 of 3
00661