The URL can be used to link to this page

Home My WebLink About96304300662 PEDESTRIAN, FISHING AND EQUESTRIAN LICENSE AGREEMENT JAC K';CI•, LIOLE TITLE S. ESCROW THIS PEDESTRIAN, FISHING AND EQUESTRIAN LICENSE AGREEMENT (this "Agreement is executed by and between Lyle W. 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, "Licensor and Carolyn D. Edgcomb "Licensee on the date hereinafter set forth. NOW, THEREFORE in consideration of Ten Dollars ($10.00) other good and valuable consideration, the sufficiency of which is hereby acknowledged, and the mutual promises and undertakings set forth herein, the parties agree as follows: 1. Grant of License. Licensor does hereby grant and convey unto Licensee and up to twenty of her guests while accompanying her, a non- exclusive non motorized license (the "License across a 15 foot corridor within those certain parcels of land owned by Licensor located in Sections 21, 28 and 29, Township 38N, Range 116W, Teton County and Lincoln County, Wyoming and 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 and hereby more specifically described as a 15 foot corridor, the westernmost boundary of which is coincident with the eastern bank of the Snake River and extending 15 feet to the east of such westernmost boundary the entire length of the parcels comprising said Homestead Entry Survey 185 (Teton County PIDN: 22-38-16-08-04-00 003 and Lincoln County PIDN: I2- 38- 16- 28- 2- 00- 001)(collectively, the "License Area 2. License Purpose. Licensee's use of the License and the License Area shall be solely for the purpose of non motorized pedestrian, fishing and equestrian activities, and for non motorized access to national forest lands adjacent to the License Area. Licensee may be accompanied by no more than 20 guests when this License is being used. 3. No Interference; Relocation. Licensor agrees that Licensor will not construct or cause to be constructed any improvements within the License Area that would materially interfere with Licensee's or Licensee's guests' use of the License Area for the purposes stated herein. Licensor reserves the right at Licensor's sole discretion to relocate the License Area at any time in the future, provided only that such relocation(s) shall be at Licensor's sole cost and expense and shall provide reasonably comparable access to the Snake River along said License Area and to national forest lands adjacent to the License Area. 4. Termination. In no event shall this Agreement be construed to be an easement or any other right in land, other than a license to use the License Area, which license is only terminable as set forth below. This License shall automatically terminate upon the death of Licensee. Upon the occurrence of the foregoing event, Licensor shall have the unilateral right to file a vacation document in the Offices of the Clerks of Teton County and /or Lincoln County, Wyoming for the sole purpose of legally vacating this License and removing this License from the land records of said counties. 5. Indemnity; Enforcement. Licensee shall indemnify, hold harmless and forever defend Licensor, its successors and assigns from any and all claims, losses, damage, costs, expenses Pedestrian, Fishing and Equestrian License Agreement Page 1 of 4 'l� (including without limitation reasonable attorneys' fees), and liabilities of any kind or nature, that may arise from Licensee's use of the License Area by Licensee and /or its guests; excepting therefrom any injury, damage or loss resulting from the gross negligence or willful misconduct of Licensor or Licensor's agents or employees. If any party is required to take action to enforce the terms and conditions of this Agreement, the defaulting party agrees to pay all costs incurred by the non defaulting party, including reasonable attorney's fees, whether suit is brought or not. 6. Construction. This Agreement shall be construed in accordance with the laws of the State of Wyoming. Venue is in Teton County, Wyoming. 7. 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. Such notices shall be given to the parties hereto at the following address: If to Licensor: P.O. Box 30,000, #475 Jackson, Wyoming 83001 If to Licensee: 1 River Bend Road Jackson Wyoming 83001 00663 or to such address as may be provided by either party in the manner set forth in this paragraph. 8. Severability. In case any one or more of the provisions contained in this Agreement 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 Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 9. Entire Agreement. This Agreement 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 Agreement. 10. Counterparts. This Agreement 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. 11. Warranties. Except as limited by the provisions of paragraph 5 of this instrument, Licensor makes no representations or warranties, express or implied, in connection with this Agreement and the License /License Area, whether of title, fitness of use, condition, purpose, or of any other nature. The rights of Licensee hereunder are personal to Licensee and Licensee may not assign or transfer any rights to any other person, firm, corporation or other entity. Pedestrian, Fishing and Equestrian License Agreement Page 2 of 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on this 7(1 day of �F,'at;,i, t 201 c-. LICENSOR: Lyle W. 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 Witness my hand and official seal. SEAL Notary Public Lyle W. ggoner, T Sharon A. Waggon My commission expires: STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me by Lyle W. 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, this day of 20 Pedestrian, Fishing and Equestrian License Agreement Page 3 of 4 00664 00665 State of California County of LOS ANGELES On JANUARY 30, 2012 before me, Dorothy L. Sommer, Notary Public (insert name and title of the officer) personally appeared SHARON A. WAGGONER LYLE W. WAGGONER who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) E(are subscribed to the within instrument and acknowledged to me that h)5(atiD /they executed the same in h'isth 1their authorized capacity(ies), and that by his /h&z/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ACKNOWLEDGMENT I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signatur (Seal) DOROTHY L.SOMMER NOTARY PUBLIC CALIFORNIA P p_ COMMISSION 1918948 E LOS ANGELES COUNTY My Comm. Exp. December 25, 2014 The foregoing instrument was acknowledged before me by Carolyn D. Edgcomb, this 1S %day of F jc..r 20;2 Witness my hand and official seal. SEAL Notar+ Public MELC OR D. 9 iwlk'l0 t` I- i'T''v` 1'd 1B1_iti. e Ii OF aL111sY4 IPA /1 1 HHH IITII �.'i� ..t.i��IViI 1 1 My commission expires: Pedestrian, Fishing and Equestrian License Agreement Page 4 of 4 (41. H 00666