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Home My WebLink About963605RECEIVED 3/12/2012 at 10:55 AM RECEIVING 963605 BOOK: 782 PAGE: 710 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ROAD MAINTENANCE AGREEMENT 00710 THIS ROAD MAINTENANCE AGREEMENT is made this 7111 day of March, 2012, by and between GERALDINE A. KRALL, TRUSTEE OF THE GERALDINE A. KRALL TRUST DATED OCTOBER 6, 2008, P.O. Box 85, Kemmerer, Wyoming 83101 (hereafter "Krall RICHARD J. MILLER and KELSEY C. MILLER, husband and wife, P.O. Box 1114, Kemmerer, Wyoming 83101 (hereafter, "Miller and JEAN MARIE ANNALA, SUCCESSOR TRUSTEE OF THE CARLA. ANNALA LIVING TRUST, DATED SEPTEMBER 4, 1996 and JEAN MARIE ANNALA, TRUSTEE OF THE JEAN MARIE ANNALA LIVING TRUST, DATED SEPTEMBER 4, 1996, of P.O. Box 44, Diamondville, Wyoming 83116 (hereinafter "Annala WHEREAS, Krall and Annala and Miller (individually, and as successor in interest of Rudy Koci, Jr. and Janice Koci) and Annala have entered into Easement Agreements whereby Annala has granted both Krall and Miller non exclusive easements for ingress and egress across Annala's property to Krall's property and to Miller's property; and Krall has granted to Annala a non exclusive easement for ingress and egress across Krall's property to Annala's property; and WHEREAS, Annala has previously entered into a Road Maintenance Agreement with Miller (as successor in interest of Rudy Koci, Jr. and Janice Koci) for maintenance of the easement granted to Miller; and WHEREAS, Annala desires to enter into a Road Maintenance Agreement with Krall for maintenance of the easement granted to Krall that is consistent with Annala's existing Road Maintenance Agreement with Miller; and WHEREAS, Miller desires to enter into a Road Maintenance Agreement with Krall and Annala to provide for maintenance of the road within the easements granted; and WHEREAS, Krall desires to enter into a Road Maintenance Agreement with Miller and Annala to provide for maintenance of the road within the easements granted. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. DESCRIPTION OF EASEMENT ON ANNALA'S PROPERTY FOR KRALL AND MILLER. An access road easement for egress and ingress across a portion of the N1 /2SE1 /4 of Section 4 of the resurvey of Township 20 North, Range 116 West, of the 6th P.M., Lincoln County, Wyoming. Said easement being along an existing graded road known as "Willowood Road Said easement being thirty feet (30') in width, fifteen feet (15') on 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. Ilighway 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 as the "Oregon Short Line Railroad Parcel Commencing at corner number 2 of Tract 37 of the resurvey of T.21N., R.116W., 6th 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., R116W., 6th P.M., Lincoln County, Wyoming where is ROAD MAINTENANCE AGREEMENT KRALL, TRUSTEE MILLER ANNALA, TRUSTEES PAGE 1 OF 6 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; Thence S28 °26'31 "W, 180.19 feet; Thence S21 °48'58 "W, 766.21 feet; Thence S 18 °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'I3 "W, 2595.5 feet more or less from the NE corner of said Section 4. Said easement being 1099.1 feet in length more or less. 2. DESCRIPTION OF EASEMENT ON KRALL'S PROPERTY FOR ANNALA. An access road easement for egress and ingress across a portion of the SW1 /4SE1 /4 of Section 4 of the resurvey of Township 20 North, Range 116 West, of the 6th P.M., Lincoln County, Wyoming. Said easement being along an existing graded road known as "Willowood Road" and an extension thereof needed to connect said Road to Annala's property as described in the easement. Said easement being that area described in the attached property description that was prepared by Crank Companies, Inc. and titled "Krall to Annala Access Road Easement (South of Railroad Tracks) 3. STANDARD OF ROAD MAINTENANCE. Road maintenance and road improvements within the easements will be incurred whenever necessary to maintain the road at all times in such condition as will ensure 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. No party to this Agreement shall otherwise be responsible for the costs of road maintenance and improvements in excess of said requirements unless that party consents thereto in writing. 4. RESPONSIBILITY FOR ROAD MAINTENANCE. Responsibility for road maintenance shall be performed as follows: a. For the portion of the road within the easements on Annala's property, Miller and Krall shall jointly be responsible for any maintenance of the road and shall equally share the costs thereof unless otherwise agreed between them, or except as otherwise provided herein. Miller and Krall shall indemnify and hold Annala harmless for any and all claim associated with maintenance of said road portion. b. For the portion of the road within the easement on Krall's property, Krall shall be responsible for any maintenance of the road and shall pay the costs thereof except as otherwise provided herein. Provided, however, Annala shall be responsible for that portion of the easement that is an extension from Willowood Road that connects said Road to Annala's property as described in the easement. Annala shall indemnify and hold Krall harmless for any and all claim associated with maintenance of said road portion. c. Notwithstanding any of the above allocations of responsibilities for any portions of the road within the easements on the Annala and Krall properties, upon Annala's use of the road for any purpose other than agricultural or sportsman access, including but not limited to residential access, Annala shall be obligated, from that day forward, to share in the responsibilities for any maintenance of the portion of the road so used and shall share equally in the costs thereof of that portion of the road so used. d. Upon Annala's bringing onto that portion of the road and bridge within Krall's ROAD MAINTENANCE AGREEMENT KRALL, TRUSTEE MILLER ANNALA, TRUSTEES PAGE 2 OF 6 property any vehicle or equipment that exceeds standard weights and sizes for passenger vehicles, pickup trucks, or horse trailers, Annala agrees to share in the responsibilities for any maintenance of that portion of the road and bridge. However, should Annala elect to bring any vehicle other than those allowed above onto that portion of the road and bridge within the Krall property for an incidental purpose, Annala may opt to have a road and bridge expert assess the road and bridge prior to such use and, upon written notice to Krall providing Krall with the details of that assessment, may then make such incidental use of the road and bridge, whereupon Annala shall then be obligated to restore the road and bridge to as good or better condition as they were prior to the incidental use but shall not thereafter be obligated to share all future costs of maintaining the road and bridge. 5. PAYMENT OF ROAD MAINTENANCE COSTS. Any amount due to any contractor for any road maintenance or improvements shall immediately be remitted for payment by the party or parties responsible therefor as provided in this Agreement. No party shall allow any lien to attach to the road as a result of any maintenance performed on the road. Should any lien attach, any party or parties affected thereby may pay, but are not obligated to pay, said lien and the party responsible for paying the amount that gave rise to the lien shall be responsible payment for said amount and all interest, attorneys fees and other costs arising from said lien. 6. SNOW PLOWING. The road shall have snow plowed or removed in whatever manner as is determined by parties to this Agreement and agreed to in writing between them. Absent written agreement, each party hereto shall be responsible for whatever snow plowing said party deems necessary for their access to their property, and no other party shall be responsible for the costs of such snow plowing. 7. RAILROAD CROSSINGS. Each party shall be responsible for any railroad crossing permits that may be necessary to facilitate their valid access along the road. Each party shall hold the other parties harmless for the failure of any party to obtain such a permit. 8. CONSIDERATION. The promises set forth herein and the easements executed concurrently with this Agreement constitute full and final payment for the easement and right of way granted. 9. BINDING EFFECT. The terms and conditions of this Agreement shall be binding upon and inure to the benefit of the heirs, successors in interest and assigns of the parties named in this Agreement. 10. 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. 11. EFFECTIVE TERM. This Agreement shall be perpetual, and shall run with the land. 12. RECORDING AND FILING. A copy of this Agreement shall be recorded in the Office of the County Clerk, Lincoln County, Wyoming. 13. 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. 14. ENFORCEMENT. Should any 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. ROAD MAINTENANCE AGREEMENT KRALL, TRUSTEE MILLER ANNALA, TRUSTEES PAGE 3 OF 6 00712 STATE OF WYOMING SS. COUNTY OF LINCOLN) The foregoing easement was acknowledged before me by GERALDINE A. KRALL, TRUSTEE OF THE GERALDINE A. KRALL TRUST DATED OCTOBER 6, 2008, this day of March, 2012. Witness my hand and official seal. Jenny ClarkE7 Public County of State of Lincoln Wyoming My Commission lxoires My Commission expires: GERALDINE A. KRALL TRUST DATED OCTOBER 6, 2008 BY: l G'ER INE A. KRALL Trustee of the Geraldine A. Krall Trust Dated October 6, 2008 NOTARY PUII JIC ROAD MAINTENANCE AGREEMENT KRALL, TRUSTEE MILLER ANNALA, TRUSTEES PAGE 4 OF 6 00713 4 indL__ RICHARD J MILLER STATE OF WVOlVIING SS. COUNTY OF LINCOLN) The foreguing easement was acknowledged befoie mc by RICHARD J. MILLER and KELSEY C. MILLER this r 1 day of Mauch, 2012. Witness my hand and official seal. !bile. My Commission expires: NOTARY PITI3LIC ROAD MAiNTENANCE AGREEMENT KRALL, iSTEY i ANNALA, TRUSTEES rAGE -1 OF 00714 STATE OF WYOMING SS. COUNTY OF LINCOLN Witness my hand and official seal. My Commission expires: _;>A,17/1,5 BY: BY: CARL A. ANNALA LIVING TRUST DATED SEPTEMBER 4,1996 N -MART ANNALA Successor Trustee of the Carl A. Armala Living Trust Dated September 4. 1996 JEAN MARIE ANNALA LIVING TRUST DATED SEPTEMBER 4, 1996 -MA ANNALA Trustee of the Jean Marie Annala Living Trust Dated September 4, 1996 The foregoing easement 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 5 fh day of March, 2012. AC) a1 n Cr /g(1,ryL v NOTARY PUBLIC ROAD MAINTENANCE AGREEMENT KRALL, TRUSTEE MILLER ANNALA, TRUSTEES PAGE 6 OF 6 0715 ..f- ..o.o. �4i A. i 4M.l d �i ARY Nail: COMITY O 11' irliJ t Wititt4 EY c013E1■Ci WIRES 5 KraII To Annala Access Road Easement (South of Railroad Tracks) 00716 An easement in the SW'' SE'''A of Section 4 of the resurvey of T.20N., R.116W., 6` P.M., Lincoln County, Wyoming. Said easement being for the use and benefit of Grantee's property in the SE'' SE' of said Section 4. Commencing at the common 1/4 corner of Sections 4 and 9 of the resurvey of T.20N., R. Lincoln County, Wyoming where is found a standard U.S.G.L.O. brass cap; thence S 89° common S -E 1/16 corner of said Sections 4 and 9 from which a Witness Corner of said 589 °55'12 "E, 49.65 feet; 116W. of the 6 P.M., 55'12 "E, 1309.54 feet to the common 1/16 corner bears Thence N 0 °00'59 "W along the west boundary line of the SE 1/4 SE' of said Section 4, 137.86 feet to the Point of Beginning of this description; Thence S 89 °58'07 "W, 304.80 feet to the PC of a curve to the right; Thence 214.92 feet along the arc of said curve to the right. Said curve to the right having a radius of 90.00 feet, a central angle of 136 °49'24" and a chord of 167.37 feet which bears N 21 °37'14 "W. Thence N 47 °13'02 "E, 323.79 feet to the PC of a curve to the left. Thence 146.44 feet along the arc of said curve to the left. Said curve to the left having a radius of 110.00 feet, a central angle of 76 °16'29" and a chord of 135.86 feet which bears N 9 °04'48 "E. Thence N 29 °03'27 "W, 209.49 feet; Thence N 61 °49'31 "E, 10.77 feet to a point on a curve to the left of the southerly right of way boundary of the Oregon Short Line Railroad. Thence 256.4 feet along the arc of said curve to the left of said railroad right of way boundary to a point on a non tangential curve to the right. Said curve to the left having a radius of 1532.4 feet, a central angel of 9 °35' and a chord of 256.1 feet which bears S 34 °01'E; Thence leaving said southerly right of way boundary of said railroad 153.41 feet along the arc of said curve to the right to the PT of said curve. Said curve to the right having a radius of 150.00 feet, a central angle of 58 35'51" and a chord of 146.81 feet which bears S 17 55'06 "W; Thence 5 47 °13'02 "W, 323.79 feet to the PC of a curve to the left. Thence 119.10 feet along the arc of said curve to the left to a point. Said curve to the left having a radius of 50.00 feet, a central angle of 136 °28'37" and a chord of 92.87 feet which bears S 21 °47'30 "E. Thence N 89 °58'07 "E, 304.81 feet to a point on the west boundary line of the SE 1/4 SE of said Section 4 from which the SE 1/16 corner of said section 4 bears N 00 00'59 "W, 1142.75 feet where is found a standard U.S.G.L.O. brass cap; Thence S 0 °00'59 "E, along said west boundary line of the SE 1/4 SE'''A, 40.00 feet to the point of beginning. Said easement containing 0.96 acres more or less. Y: \4599 Jerry Krall \Correspondence \Kroll To Annala Access Road Easement alt.docx 400 a MILLER 8K 752 PG 863 KRALL 9K 709 PG 98 SWY4, SEY EXISTING BRIDGE EXISTING GRAVEL ROAD e9 e OG X CDR NUTEI ACCESS EASEMENT IS GENERALLY 40' WIPE EXCEPT NEXT TCI R.R R.Q.W. 0 MIN NNE MIR Scale: 400 400' 800 ,..9 Z n NCI 9 'b 0 1 0 L...eu O ANNALA OK 95 PG 132 6p 67 6 wom APPROX. HAMS FORK RIVER ANNALA PARCEL S. OF R.R. X5.68 ACRES �717 v sec. 'q s ey-ss-� �wc TO Sec 9 Re S. No COR 9 10 NEW ACCESS l EASEMENT B8 a u R NOTE: BASES OF BEARING S. OF RAIL ROAD IS UNE BETWEEN NE COR, SEC, 9 AND Y* COR. SEC_ 9 AND 10, AND BEING 00r02'Oo' w SKETCH BF ALTERNATIVE KRALL TO ANNALA EASEMENT SW 1/4, SE 1/4, SEC 4, RESURVEY OF T. a N., R. 116 W., 6TH P.M. LINCOLN COUNTY, WYOMING site r 23 OF 2