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HomeMy WebLinkAbout966666RECEIVED 9/6/2012 at 12:35 PM RECEIVING 966666 BOOK: 793 PAGE: 451 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER WY �2U EASEMENT AGREEMENT uu451 THIS EASEMENT AGREEMENT, hereafter the "Agreement effective this 4th day of April, 2012, is by and between WJW HOLDINGS WY, LLLP, a North Dakota Limited Liability Limited Partnership, c/o P.O. Box 3309, Alpine, Wyoming 83128, hereafter "WJW ALPINE AIRPARK ASSOCIATION, INC., a Wyoming Nonprofit Corporation, c/o P.O. Box 820, Thayne, Wyoming 83127, hereafter the Airpark Association AVR HOMEOWNERS ASSOCIATION, INC., a Wyoming Nonprofit Association, c/o P.O. Box 3638, Alpine, Wyoming 83128, hereafter the "AVR HOA and HERBERT NEILS PEDERSEN, TRUSTEE of the Herbert Niels Pedersen Trust dated 4 February 1986, c/o 185 East 600 South, Willard, Utah 84340, hereafter the "Pedersen Trust hereafter jointly referenced as GRANTORS, and HERBERT NEILS PEDERSEN, TRUSTEE of the Herbert Niels Pedersen Trust dated 4 February 1986, do 185 East 600 South, Willard, Utah 84340, hereafter the "Pedersen Trust and FUNK HOLDINGS, LTD, a Calgary, Alberta, Canada Company, 700,540 5 Avenue SW, Calgary, Alberta T2P 0M2 Canada, hereafter "Funk hereafter jointly referenced as GRANTEES. WHEREAS, WJW is the owner of Lot 92, Alpine Village Subdivision No. 1, Plat 2 Amended, 10th Filing Amended, Accession No. 930105, hereafter, the "WJW Property and WHEREAS, WJW has leased the WJW Property to the Airpark Association for a term of fifteen (15) years, starting in 2008; and WHEREAS, the AVR HOA is the owner of the Alpine Village Circle street right -of -way, hereafter the "Alpine Village ROW and WHEREAS, the Pedersen Trust is the owner of Lot 36, Alpine Village Subdivision No. 1, Plat 2 Amended, Accession No. 559191, hereafter the "Pedersen Property and WHEREAS, Funk is the owner of that property in Alpine, Wyoming identified in the attached Exhibit A, hereafter the "Funk Property and WHEREAS, Grantor and Grantees have agreed that it will be mutually beneficial to grant easements that will allow aircraft and vehicular ingress and egress to and from Grantor's and Grantee's properties pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, GRANTORS and GRANTEES hereby agree as follows: EASEMENT AGREEMENT WJW HOLDINGS WY, LLLP, ET AL. PEDERSEN, TRUSTEE, ET AL. PAGE 1 OF I1 1. EASEMENT ESTABLISHED. WJW, Alpine Airpark, AVR HOA, and the Pedersen Trust, as GRANTORS, for themselves and their successors and assigns, hereby grant and convey a perpetual non exclusive easement for ingress and egress of aircraft to and from the runway on the WJW Property, as well as vehicular ingress and egress, and underground utilities and landscaping from and to the WJW Property and across portions of the Alpine Village ROW and the Pedersen Property in favor of and for the benefit of the Pedersen Trust and Funk, as GRANTEES, for the Pedersen Property and the Funk Property, said easement being more particularly described in the "DESCRIPTION FOR FUNK HOLDINGS, LTD. FROM ALPINE VILLAGE HOMEOWNER'S ASSOCIATION ACCESS AND UTILITY EASEMENT" and the "DESCRIPTION FOR FUNK HOLDINGS, LTD. FROM HERBERT NIELS PEDERSEN TRUST, DATED 4 FEBRUARY 1986 ACCESS, UTILITY AND LANDSCAPE EASEMENT and as shown on the "EXHIBIT TO ACCOMPANY DESCRIPTION FOR FUNK HOLDINGS, LTD ACCESS, UTILITY AND LANDSCAPE EASEMENTS ACROSS ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED LOT 36 AND ALPINE VILLAGE CIRCLE IN THE NW1 /4SE1 /4 SECTION 19 T37N R188W, LINCOLN COUNTY, WYOMING hereafter "EXHIBIT B which is attached hereto. 2. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the mutual promises and agreements contained herein, and other valuable consideration, in hand paid, the receipt of which is hereby acknowledged, GRANTORS and GRANTEES state and declare that consideration has been provided to each of them for this Agreement. Upon construction by Funk of the taxiway as provided herein, additional consideration shall be due from Funk to the Airpark Association in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) for the "hook up" fee to the Airpark Association's runway. Upon construction by Funk of the taxiway as provided herein, additional consideration shall be due from Funk to the AVR HOA in the amount of Fifteen Thousand Dollars ($15,000.00) as consideration for connection of AVR HOA's bike jogging path to a bike jogging path crossing the Funk Property to be constructed as provide herein. 3. EASEMENT COVENANTS. GRANTORS AND GRANTEES, for themselves and their successors and assigns, hereby agree: a. Except for temporary obstructions required for the purposes of maintaining and improving the Easement and for installing and maintaining, repairing and replacing underground utilities therein and for installing and maintaining landscaping consistent with the provisions of this Agreement, the Easement shall not be obstructed in any manner that would impede free ingress and egress of the parties hereto or of any other person or persons with right of ingress and egress in the Easement. Easement maintenance and improvement, and utility and landscaping installation, maintenance, repair, and replacement shall be done in a manner that minimizes any inconvenience to all who are authorized to use the Easement for ingress and egress. EASEMENT AGREEMENT WJW HOLDINGS WY, LLLP, ET AL. PEDERSEN, TRUSTEE, ET AL. PAGE 2 OF 11 00452 b. That the Easement shall be used by the parties hereto for private and commercial ingress and egress, but such use shall not occur in such manner that the use interferes with any party's or any other persons rights to use of the Easement. A portion of the Easement may also be used by the parties hereto as a bike jogging path as long as such use does not interfere with vehicular and aircraft uses of the Easement. c. GRANTORS and GRANTEES agree that the Alpine Village ROW within the Easement shall be maintained so that ingress and egress to and from the properties served thereby is not impeded except for occasional aircraft crossings within the taxiway across said road. Said road shall be maintained as a private, not a county road, unless otherwise agreed to by all GRANTORS and GRANTEES. d. Any improvements made within the Easement shall be at the sole expense of the party making the improvements unless otherwise agreed to in writing. e. GRANTORS and GRANTEES agree to indemnify and hold harmless each other from any and all liability for personal injury or property damage that results from, arises out of, or may be attributed to any use of the Easement unless such injury or damage is recklessly or intentionally caused. f. Funk agrees to install, maintain, repair, and replace fencing and electronic access gates that meet current Federal Aviation Administration standards on the WJW Property and within the Easement where indicated on the attached Exhibit C in order to restrict vehicles from but allow aircraft onto the WJW Property. Funk also agrees to install, maintain, repair, and replace electrical utilities to operate the gates. g. Funk agrees to install, maintain, repair and replace landscaping within the Easement that is consistent with the operation of the road, with operation of the taxiways, and with operation of a bike jogging path, as authorized herein within the Easement. h. Funk agrees to install, maintain, repair and replace a bike jogging path on the Funk Property that connects to AVR HOA's bike jogging path and runs approximately Two Thousand Seven Hundred Feet (2,700') through the Funk Property to a location mutually agreed upon by Funk and the AVR HOA. EASEMENT AGREEMENT WJW HOLDINGS WY, LLLP, ET AL. PEDERSEN, TRUSTEE, ET AL. PAGE 3 OF 11 i. The Pedersen Trust and Funk agree that contemporaneously with this Easement Agreement, they will execute the a Joinder to the Alpine Airpark's Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges to encumber and subject the Pedersen Property and the Funk Property to the terms and conditions of said Declaration of Covenants. Said Joinder shall provide, however, that the Pedersen Property shall not be liable for any fees to the Airpark Association until such time as an airplane hangar is constructed on the Pedersen Property. j. Funk agrees to construct asphalt or other hard surfaced material taxiways over and across the Alpine Village ROW Property and the Pedersen Property. Said taxiways shall be a minimum of thirty feet (30') in width and shall be constructed so that they do not impeded vehicular access with the Alpine Village ROW Property. The design and location of the taxiways, and any subsequent modifications thereto shall be subject to the review and approval of the Airpark Association, which shall not be unjustly or unreasonably withheld. k. GRANTEES agree that they will not restrict the travel of aircraft over and across the taxiways located upon their properties by third persons. 4. EASEMENT TO RUN WITH THE LAND. The Easement created herein shall run with the lands identified herein, and shall be binding on and shall inure to the benefit of GRANTORS and GRANTEES, and their respective successors and assigns. 5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between GRANTORS and GRANTEES, and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding except to the extent incorporated in this Agreement. 6. MODIFICATION OF AGREEMENT. Any modification of this Agreement shall be binding only if evidenced by agreement in writing signed by the GRANTORS and GRANTEES or their successors and assigns. 7. WAIVERS. The failure of GRANTORS or GRANTEES to enforce the performance of the terms and conditions set forth herein, or their waiver of a breach of any of the terms and conditions set forth herein, shall not be construed as a continuing waiver of such failure or breach, and the terms and conditions shall remain in full force and effect as if no such forbearance or waiver had occurred. 8. WAIVER OF HOMESTEAD RIGHTS. GRANTORS and GRANTEES, for themselves and their successors and assigns, hereby waive any and all rights under and by virtue of the homestead exemption laws of the State of Wyoming to the extent that such rights may interfere with the purposes of the easement. 9. ATTORNEY'S FEES. GRANTORS and GRANTEES agree that should any litigation be commenced between them concerning this Agreement, or the rights and /or duties of them in relation thereto, including any action to collect sums due hereunder, the party prevailing in such litigation shall be entitled to a reasonable sum for attorney's fees. EASEMENT AGREEMENT WJW HOLDINGS WY, LLLP, ET AL. PEDERSEN, TRUSTEE, ET AL. PAGE 4 OF 11 00454 [Separate signature pages follow.] EASEMENT AGREEMENT WJW HOLDINGS WY, LLLP, ET AL. PEDERSEN, TRUSTEE, ET AL. PAGE 5 OF 11 10. EFFECTIVE DATE OF EASEMENT. This Easement Agreement shall only become effective upon recordation in the land records of Lincoln County, Wyoming, which shall not occur until a Warranty Deed conveying title to Funk for the Funk Property has been recorded therein. IN WITNESS WHEREOF, GRANTORS and GRANTEES have caused this Agreement to be signed on the dates indicated below. GRANTORS: WJW: WJW HOLDINGS WY, LLLP, a North Dakota. invited Liability Partn rship BY: WILLIA GENE L PAR ER STATE OF WYOMING SS. COUNTY OF LINCOLN 4KNOWLEDGED before me on this, the day of I' 2012, by WILLIAM J. WIEMANN, as General Partner of WJW Holdings WY, LLLP, a North Dakota Limited Liability Partnership, pursuant to authority provided to him in said Limited Liability Limited Partnership's Partnership Agreement. WITNESS my hand and official seal. My Commission expires: AYANTHI J. ROT H NOTARY PUBLIC COUNTY OF STATE OF 4 LINCOLN WYOMING L MY COMMISSION EXPIRES MARCH 31, 2013 EASEMENT AGREEMENT WAY HOLDINGS WY, LLLP, ET AL. PEDERSEN, TRUSTEE, ET AL. PAGE6OF 11 OO4if AIRPARK ASSOCIATION: ALPINE AIRPARK ASSOCIATION, INC., a Wyoming Nonprofit Corporation BY: REX DOORNBOS, DATE PRESIDENT STATE OF WYOMING SS. COUNTY OF LINCOLN C NOWLEDGED before me on this, thee_i__ day of 2012, by REX DOORNBOS, as President of the Alpin• Village Airpark Association, Inc., a Wyoming Nonprofit Corporation, pursuant to authority provided to him by said Nonprofit Corporation's Board of Directors. WITNESS my hand and official seal. My Commission expires: 1AY64 N THI 1. ROTH COUNTY OF LINCOLN NOTARY PUBLIC STATE OF WYOMING MY COMMISSION EXPIRES MARCH 31, 2013 EASEMENT AGREEMENT WJW HOLDINGS WY, LLLP, ET AL. PEDERSEN, TRUSTEE, ET AL. PAGE 7 OF I I WO 45 AVR HOA: AVR HOMEOWNERS ASSOCIATION, INC., a Wyoming Nonprofit Association BY: REX DOORNBOS, PRESIDENT STATE OF WYOMING SS. COUNTY OF LINCOLN AC NOWLEDGED before me on this, the a day of 2012, by REX DOORNBOS, as President of the AV Homeowners Association, Inc., a Wyoming Nonprofit Corporation, pursuant to authority provided to him by said Nonprofit Corporation's Board of Directors. WITNESS my hand and official seal. My Commission expires: JAYANTHI J. ROTH COUNTY OF LINCOLN NOTARY PUBLIC STATE OF WYOMING MY COMMISSION EXPIRES MARCH 31, 2013 EASEMENT AGREEMENT WJW HOLDINGS WY, LLLP, ET AL. PEDERSEN, TRUSTEE, ET AL. PAGE 8OFII DATE 00415P) PEDERSEN TRUST: HERBERT NIELS PEDERSEN TRUST dated 4 February 1986 0045(9 Li- 7 i i D BY: HERBERT NEILS PEDERSEN, DATE TRUSTEE Ae STATE OF (.,t A Y)-� aGA, 9 )SS, l COUNTY OF Q C l\ A KNOWLEDGED before me on this, the day of 2012, by HERBERT NEILS PEDERSEN, TR TEE of the Herbert Niels Pedersen Trust dated 4 February 1986, pursuant to authority provided to him in said Trust. WITNESS my hand and official seal. My Commission expire JAYANTHI J. ROTH COUNTY OF LINCOLN NOTARY PUBLIC STATE OF WYOMING MY COMMISSION EXPIRES MARCH 31, 2023 BLIC EASEMENT AGREEMENT WJW HOLDINGS WY, LLLP, ET AL. PEDERSEN, TRUSTEE, ET AL. PAGE 9 OF I1 N GRANTEES: PEDERSEN TRUST: HERBERT NIELS PEDERSEN TRUST dated 4 February 1986 BY: HERBERT NEILS PEDERSEN, DAT TRUSTEE STATE OF \,l,,V_Cs COUNTY OF Lw k ACNOWLEDGED before me on this, the L-41 day of v 2012, by HERBERT NEILS PEDERSEN, TRU TEE of the Herbert Niels Pedersen Trust dated 4 February 1986, pursuant to authority provided to him in said Trust. SS. WITNESS my hand and official seal. My Commission expires: JAYANTHI J. ROTH NOTARY PUBLIC COUNTY OF STATE OF LINCOLN �4 WYOMING MY MY COMMISSION EXPIRES MARCH 31, 2013 PUBLIC EASEMENT AGREEMENT WJW HOLDINGS WY, LLLP, ET AL. PEDERSEN, TRUSTEE, ET AL. PAGE 10 OF 1 I 00460 BY: STEVEN FUNK, PRESIDENT STATE OF -1 f p COUNTY OF FUNK HOLDINGS, LTD, a Calgary, Albert, Canada Company SS. c c an t.t L,,. L.! J C b) ACKNOWLEDGED before me on this, the 1 7 day of 2012, by Steven Funk, as President of Funk Holdings, LTD,C' a Calgary, Alberta, Canada Company, pursuant to authority provided to him by said Company's Board of Directors. WITNESS my hand and official seal. r 7""4" RONALD MANTLE SEBILO•T COMM. 1953765 jA NOTARY PUBLIC- CALIFORNIA U CITY ANU COUNTY OF SAN FRANCISCO MY Comm EXP. SEP. 29, 2015 L My Commission expires: DAT 4 I I NOTARY PUBLIC EASEMENT AGREEMENT WJW HOLDINGS WV, LLLP, ET AL. PEDERSEN, TRUSTEE, ET AL. PAGE I I OF II u461 NTL -60759 Parcel 1 "EXHIBIT A" The NE1/4SE1 /4, Section I9, Township 37 North, Range 118 West Excepting and Reserving Therefrom the following described tract of land; That part of the N 1 /2SW 1/4 of Section 20 and the NE1/4SE1/4 of Section 19, Township 37 North, Range 118 West, 6th P.M. Wyoming of record in the Office of the Clerk of Lincoln County, Wyoming in Book 91 of P.R., Page 489, bounded and described as follows: On the East by the Westerly right -of -way line of State Highway 26; and on the South by the South lines of the said N1/2SW1/4 and NE1 /4SE1 /4 on the West by a line in the saidNEl /4SEl /4 and parallel to the West line and 25 feet Easterly of said NEI /4SE1 /4 and on the North by a line parallel to the South lines of said NI /2SW 114 and NE1/4SE1 /4 and so positioned that 40 acres is encompassed. Parcel 2 SE1/4 NE1 /4 Sec, 19 T, 37N., Range 118 W., 6th P.M., Wyoming and that portion of the SW 1/4 NW I/4, Section 20, T37N, RI 18W, More particularly described as follows: Beginning at a point that is South 0° 10' East a distance of 2,1 13.28 feet from the Northwest Corner of Sec. 20, T37 N, R118 West, running thence South 37° 00' East a Distance of 658.47 feet, running thence North 89 50' West a distance of 394.75 feet to the Southwest Corner of the SW 1/4 NW 1/4 of Sec. 20 aforesaid, running thence North 0° 10' West along the westerly boundary of said Sec. 20 a Distance of 527.76 feet to the POINT OF BEGINNING. Together With; That certain easement fro ingress and egress 2 rods in width as described in the Warranty Deed recorded October 6, 1970, Book 91 P.R., Page 486. 0040 P,,I,,oO Land Servayora PAUL N. SCNERSEL W,o. Nepebalion No. 164 UMA Reglan0lbn No. 1000 Idaho Raptalnlion No. 3990 Nevada Reob0aro0 No. 6$05 SCOTT A. SCNERSEL Wyo. Rapbiralian No. 9880 Utah Roolslraion No. 372111 Idaho Regulation No. 0026 MARLOWE 0, SCNERSEL Wyo. Registration N° 5368 KARL F. 50NERSEL Wyo. Rog No. 11810 Idaho Roglsta60n No 13493 COEDS NO. 1273 Surveyor SNvbe1. LTD. Moo. Wron 4lp Sq Piney. Wyrvm6,g 6416,0,. Wyn°6W Lere N0, 0pbg1, Idaho Mon1p06N. Idaho DESCRIPTION FOR PUNK HOLDINGS, LTD. FROM ALPINE VILLAGE HOMEOWNER'S ASSOCIATION ACCESS AND UTILITY EASEMENT To -wit: EXH A strip of land sixty (60) feet in width over, under and across the southerly portion of Alpine Village Circle, a private road, as depicted on Alpine Village Subdivision No. 1 Plat 2 Amended, of record in the Office of the Clerk of Lincoln County with Accession No. 559191, within the NW' /.SEV, of Section 19, T37N RI18W, Lincoln County, Wyoming, described as follows: BEGINNING at the southernmost southeast rebar of said Alpine Village Circle, on the northerly right -of -way line of Old Alpine County Road No. 12 -100; thence N00 05' -29 "W, 85,44 feet, along the east right -of -way line of said Alpine Village Circle, to a point at the beginning of a circular curve to the left; thence northerly, 442.10 feet, along the arc of said curve, through a central angle of 21 07'-56', with a radius of 1198.66 feet, and a chord bearing Nl0 39' -27 "W, 439.59 feet, to a rebar; thence N21 13' -24 "W, 182.15 feet, to a point; thence S61 04' -33 "W, 61.36 feet, to the southeast point of 31 Right Condominiums, a subdivision of record in said Office with Accession No. 931570, on the westerly right -of -way line of Alpine Village Circle; thence S21°-06'-05"E, 174.63 feet, along said westerly right -of -way line, to a rebar at the beginning of a circular curve to the right; thence southerly, 419.62 feet, along the arc of said curve, through a central angle of 21 06' -53 with a radius of 1138.66 feet, to a rebar; thence S00 07' -05 "E, 84.91 feet, to the southernmost southwest rebar of said Alpine Village Circle, on the northerly right -of -way line of said County Road No. 12 -100; thence N89 54' -21 "E, 60.00 feet, to the REBAR OF BEGINNING; the BASE BEARING for this survey is the cast line of the NW %SE'/d of Section 19, T37N RI 18W, being N00°-05'-29"W; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across the above described easement; each "rebar" marked by a 5/8" steel reinforcing rod with a 1 -1/2" aluminum "sury -kap" survey marker inscribed, "SURVEY POINT 1'LS 526"; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCEERBEL LTD AFTON WY PLS 5368 or 11810 with appropriate details; all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY DESCRIPTIONS FOR FUNK HOLDINGS, LTD. ACCESS, UTILITY AND LANDSCAPE EASEMENTS ACROSS ALPINE VILLAG r DIVISION NO. 1 PLAT 2 AMENDED LOT 36 AND ALPINE VILLAGE CI '1taBtlaEelia W1 /4SE1 /4 SECTION 19 T37N R118W LINCOLN COUNTY WYOMIN ,c(�te$1 t �F1_ 2(1 as revised. 26 April 2012 -REV SE 111) titG "Modification in any way of the foregoing description terminates liability of the surveyor" 18 April 2012 BIT B �04G3 Prase:wn01 Lan0 Surveys: PAUL N. SCNERDEL Wyo. Re9I:OSSon No. 161 LAM RC9■:Irel10n No. 1610 100110 Roo64atlon No. 3990 Nwada Repklralion No.6805 SCOITA. SCHERSEL Wyo. NagR4elion Na 3859 Uuh Ro9HOa8bn No.372111 18560 6191611860n No. 6026 MARLOWE A. SCHERBEL Wya Regi:Oa6on No. 6766 KARL F. SCHERBEL Wyo. RO949a6a1 No. 11910 Idaho RogiW06on No. 13493 CFEOS No. 7223 SoNeya 5dwr0N1, LTD. Mon. W90009 Big Riley, WyamiM 3008:00, Wyom3n0 Lava Hal 3pinp0, Naha Lloolpe6e'. Idaho DESCRIPTION FOR EXHIBIT B FUNK HOLDINGS, LTD. FROM HERBERT NIELS PEDERSEN TRUST, DATED 4 FEBRUARY 1986 ACCESS, UTILITY AND LANDSCAPE EASEMENT To -wit: A variable width strip of land over, under and across Lot 3(5 of Alpine Village Subdivision No. I Plat 2 Amended, of record in the Office of the Clerk of Lincoln County with Accession No. 559191, within the NW%ISE'// of Section 19, T37N RI18W, Lincoln County, Wyoming, described as follows: BEGINNING at the southernmost rebar of said Lot 36; thence N00 05' -29 "W, 782.50 feet, along the east line of said Lot 36, to a point; thence N89 59' -06 "W, 40.00 feet, to a point; thence S00 05' -29 "E, 122.00 feet, along a line parallel with said east line, to a point; thence S61 03' -51 "W, 121.33 feet, to a point on the west line of said Lot 36; thence S21 13' -24 "E, 182.15 feet, to a rebar at the beginning of a circular curve to the right; thence southerly, 442.10 feet, along the arc of said curve, through a central angle of 21 07'-56", with a radius of 1198.66 feet, and a chord bearing S10 39' -27 "E, 439.59 feet, to the REBAR OF BEGINNING; the BASE BEARING for this survey is the east line of the NW%/SE'/ of Section 19, T37N RI 18W, being N00 05' -29 "W; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across the above described easement; each "rebar" marked by a 5/8" steel reinforcing rod with a 1 -1/2" aluminum "surv-kap" survey marker inscribed, "SURVEY POINT PLS 526"; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL i..TD AFTON WY PLS 11810 with appropriate details; all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY DESCRIPTION FOR FUNK HOLDINGS, LTD, ACCESS, UTILITY AND LANDSCAPE EASEMENT ACROSS ALPINE VILLAGE SUBDIVISION NO. I PLAT 2 AMENDED LOT NW1 /4SE1/4 SECTION 19 T37N RI18W LINCOLN COUNTY WYO 1� a ril 2012, as revised. 26 April 2012 RE`1/ISE 17 April 2012 Date "Modification in any way of the foregoing description terminates liability of the surveyor" 0 CURVE LENGTH DELTA RADIUS CHORD BEARING CHORD TANGENT Cl 442.10' 21'07'56" 1198.66' 610'39'27 "E 439.59' 223.59' C2 336.49' 16 1138.66' S12'54'30'E 335.27' 169.48' C3 83.13" 410'58" 1138.66' S02'09'341 83.11' 41.58' Alpine Village Subdivision No. 1 Plot 2 Amended Lot 36 Accession No. 559191 Herbert Niels Pedersen Trust. dated 4 February 1988 N8.9 9a 'IY CURVE TABLE REVISED 1 4/16/12 -�.7D review PATE 76 400f .?0I2 DRAW By' Kcv/F Schelde' CALCUA V 61' orori ■t SoherOW al/E KWIZ'Lt•PT.• £xh/b/f.' O /7E10 NOM: Alpine Village Subdivision No. 1 Plot 2 Amended Lot 35 Accession No. 559191 GL5UFfIIFip /74d' AY36Ebswnrm(oro cs h 5, N69n1JYZ' 6aoa' i Old Alpine County Road No 12 -100 SE1 /4NE1 /4 NEt /4SE1/4 NO0125197F BT ff' LEGEND indicates a Corner Record flied or to be flied in the Office of the Clerk of Lincoln County. polaatee a 5/8" steel reinforcing rod with 1 -1/2' aluminum SURV -KAP inecribed'PLS 528 found or of record. indicates a 5/8'x24' steel reinforcing rod with 2' aluminum co "SURVEYOR SCHERBEL LTD AFTON WYOMING PLS 11810', set. The Basis f Bearing for this survey le the east line of the NW1 /4SE1/�4 of Section 19, T37N R118W, being NOO'05'29 "W. 0 1'00' NOTE: FAA approved gates to be installed on each side of Alpine Village Circle where Taxiway crosses roadway. Access and Utility Easement Easement to be oppurtenan to adjoining lands in the NE1/45E1/4 and SE1 /4NE1 4 of Section 19 In order to provide access and utilities to the Alpine Alrpork Airstrip. 400 SCALE.• 1" =200' Access, Utility and Landscape Easement Easement to be appurtenant to adjoining lands in the NE1/45E1/4 and SE1/4NE1/4 of Section 19 In order to provide access and utilities to the Alpine Alrpark Airstrip, as well as landscaping. Copyright 2012 by Surveyor Scherbel LTD. All rights reserved. Saw vzry ©e C.r-1T1 x�"'1�t ALL, LT'17 otainalV.41 UV 7 SIMMS BOX 9n as' ANEY- 4fAR1947oy WY 7(1,179 -MIT BRY 725.407531 10r FEZ. ASST-viii/ ACME M7' as. 88.5- 9J79,• .I4 Z0t2V, ler lb7. S-69Gir AKJVIOi•Za15 A7 7n.a17 -25 EXHIB [T B 600 EXHIBIT TO ACCOMPANY DESCRIPTIONS FOR FUNK HOLDINGS, LTD. ACCESS, UTILITY AND LANDSCAPE EASEMENTS ACROSS ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED LOT 36 AND ALPINE VILLAGE CIRCLE IN THE N W1 /4SE1 /4 SECTION 19 T37N R118W LINCOLN COUNTY WYOMING )0465 Alpine Village Subdivision No. 1 Plat 2 Amended Lot 36 Accession No. 559191 Herbert Niels Pedersen Trust doted 4 February 1986 *400' ??.GYI' CURVE TABLE PLOT DATE: 17 AorP 2012 REuSEO: 4/18/12 —SSL1O rsNeu OWE. ORRMY BN c.,ec EA/ED BN CA1 O8Y/PGni'i f820 Wall CVWW ER f7/ Alpine Village Subdivision No. 1 Plat 2 Amended Lot 35 Accession No. 559191 fd ?O/2 F, ,$$'chafe/ A S ScherDe/ exh/b!(/V7 S AYJb'E'o ermarGnm 40' N60125:79M' 84t91' 854te SiVantS'2" NB85 y/2' 61200 I Cid Alpine County Rood No 12 -100 CURVE C1 C2 C3 LENGTH 442.10' 336.49' 83.13' DELTA 21•07'56' 16'55'55" 490'58' RADIUS 1198.66' 1135.66' 1138.66' CHORD BEARING SI0'39'27'E S12'54'30'E 50269'54 "E CHORD 439.59' 335.27' 63.11' TANGENT 223.59' 169.48' 41.58' LEGEND Indicates a Comer Record filed or to be filed In the Office of the Cleric of Lincoln County. Ndlcatee a 5/8' steel reinforcing rod with 1 -1/2' aluminum SURV —KAP inecribed'PLS 528 found or of record. ci Indicates a 5/8"x24' steel reinforcing rod with 2" aluminum cap inscribed 'SURVEYOR SCHERBEL LTD AFTON WYOMING PLS 11610 set. The Basis pf Bearing for this survey Is the east line of the NW1 /4SE1f4 of Section 19, T37N R118W, being N00'05'29'W. a m SE1 /4NE1 /4 NEI /4SE1/4 NOTE: FAA approved gates to be Installed on each side of Alpine Wage Circle where Taxiway crosses roadway. EXHIB. T C 0' 200' 400' 600' SCALE' J" 200' Access, Utility and Landscape Easement Easement to be appurtenan to adjoining lands In the NE1 /4SE1/4 and SE1 /4NE1 4 of Section 19 In order to provide access and utilities to the Alpine Airport Airstrip, as well as landscaping. Access and Utility Easement Easement to be appurtenan to adjoining lands In the NE1 /4SE1 /4 and SE1 /4NE1 4 of Section 19 In order to provide access and utilities to the Alpine Alrpark Airstrip, EXHIBIT TO ACCOMPANY DESCRIPTIONS FOR FUNK HOLDINGS, LTD. ACCESS, UTILITY AND LANDSCAPE EASEMENTS ACROSS ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED LOT 36 AND ALPINE VILLAGE CIRCLE IN THE N W1 /4SE1 /4 SECTION 19 T37N R118W LINCOLN COUNTY WYOMING CopKlght 2012 by Surveyor Scherbd LTD. NI rights reserved. Skase v.,yi cu Sc- esu'r, Z-W Aft10:2714f MAP .57.111 7UP9 B7X 96 .'G P/NEY— MAARFTCW w !YY TEL ?76' 617X 715 Af7UY ?Pr z, ess A1/3WE lYY TEt. 9B5- 9Jf9.• .146=4; IYY R2 2X 4 VJPE[/EA, A7 712.847 -2 004V