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HomeMy WebLinkAbout966769RECEIVED 9I I L ac 2:03 PM RECEIVING 966769 BOOK: 793 PAGE: 791 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, hereafter the "Agreement effective this 6th day of September, 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 and GARRET J. EDINGTON, a single man, P.O. Box 3524, Jackson, Wyoming 83001, hereafter "Edington hereafter jointly referenced as GRANTORS, and BAR J.B. LAND, TIMBER CATTLE COMPANY, LLC, an Idaho limited liability company, 10258 West Thompson Road, Coeur d'Alene, Idaho 83814, hereafter "Bar JB GRANTEE. 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, Edington owns real property in Alpine, Wyoming pursuant to a Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on August 10, 2012 in Book 791 at Pages 194 and 195 as Receiving No. 966066, a copy of which is attached hereto, said property hereafter the "Edington Property and WHEREAS, Bar JB owns real property in Alpine, Wyoming pursuant to a Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on August 10, 2012 in Book 791 at Pages 196 and 197 as Receiving No. 966067, a copy of which is attached hereto, said property hereafter the "Bar JB Property and WHEREAS, GRANTORS and GRANTEE 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 GRANTEE hereby agree as follows: 1. EASEMENT ESTABLISHED. WJW, Alpine Airpark, and Edington, as GRANTORS, for themselves and their heirs and/or successors and assigns, hereby grant EASEMENT AGREEMENT WJW ET AL. BAR JB PAGE 1 OF 6 7 9. 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 from and to the WJW Property and across portions of the Edington Property in favor of and for the benefit of the Bar JB, as GRANTEE, for the Bar JB Property, said easement being more particularly described in the "DESCRIPTION FOR BAR J B LAND CATTLE AND TIMBER CO., LLC FROM GARRET J. EDINGTON TAXIWAY EASEMENT" dated 11 July 2012, which is attached hereto. GRANTORS specifically reserve to themselves the right to use the area encumbered by this easement for aircraft and vehicular ingress and egress, and for underground utilities. 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 GRANTEE state and declare that consideration has been provided to each of them for this Agreement. 3. EASEMENT COVENANTS. GRANTORS AND GRANTEE, for themselves and their heirs and /or 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, 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 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. b. That the Easement shall be used by the parties hereto for private 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. c. Any improvements made within the Easement shall be at the sole expense of the party making the improvements unless otherwise agreed to in writing. d. GRANTORS and GRANTEE 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. GRANTEE shall maintain general liability insurance policy with a limit of at least $1,000,000.00 that insures GRANTEE'S use of the easement. Said insurance policy shall be written by a company licensed to do business within the State of Wyoming, and shall name GRANTOR as an additional insured. GRANTEE shall EASEMENT AGREEMENT WJW ET AL. BAR JB PAGE 2 OF 6 90792 provide GRANTOR annually proof of such insurance coverage. e. Bar JB agrees to install, maintain, repair, and replace electronic access gates that meet current Federal Aviation Administration standards on the Edington Property and within the Easement as required by the Airpark Asociation in order to restrict vehicles from but allow aircraft onto the WJW Property. Bar JB also agrees to install, maintain, repair, and replace electrical utilities to operate the gates. f. Bar JB agrees that contemporaneously with this Easement Agreement, it 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 Bar JB Property to the terms and conditions of said Declaration of Covenants. Said Joinder shall provide, however, that the Bar JB Property shall not be liable for any fees to the Airpark Association until such time as an airplane hangar is constructed on the Bar JB Property. g. Bar JB agrees to construct an asphalt or other hard surfaced material taxiway over and across the Edington Property in the Easement, to a width of not less than twenty -eight feet (28'). The design of the taxiway, 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. The taxiway shall be marked with lines and signage in accordance with standard airport taxiway standards. h. GRANTOR agrees that it will not restrict the travel of vehicles and aircraft over and across the taxiway located upon GRANTOR'S property by third persons. i. GRANTEE agrees GRANTOR shall be entitled to uses of the Easement that are not inconsistent with Grantee's use thereof, including the granting of additional easements not inconsistent with this easement. 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 GRANTEE, and their respective heirs and /or successors and assigns. 5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between GRANTORS and GRANTEE, 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 EASEMENT AGREEMENT WJW ET AL. BAR JB PAGE 3 OF 6 GRANTORS and GRANTEE or their heirs and /or successors and assigns. 7. WAIVERS. The failure of GRANTORS or GRANTEE 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 GRANTEE, for themselves and their heirs and/or 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 GRANTEE 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. 10. EFFECTIVE DAT 1 OF EASEMENT. This Easement Agreement shall only become effective upon recordatio in the land records of Lincoln County, Wyoming. IN WITNESS WHEREOF, G Agreement to be signed on the dates indicate d below. GRANTORS: WJW: WJW HOL INGS WY, LLLP, a North Dakot limited liability limited 'artnership BY: WILD! A WIEM GENERAL PARTNER NTORS and GRANTEE have caused this 7 1 DATE STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 1!f day of August, 2012, by WILLIAM J. WIEMANN, as General Partner of WJW Holdings WY, LLLP, a North Dakota Limited Liability Limited Partnership, pursuant to authority EASEMENT AGREEMENT WJW ET AL. BAR JB PAGE 4 OF 6 00 provided to him in said Limited Liability Limited Partnership's Partnership Agreement. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 ommission expires: 07 AIRPARK ASSOCIATION: ALPINE AIRPARK ASSOCIATION, INC., a Wyoming nonprofit corporation STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 140" day of August, 2012, by REX DOORNBOS, as President of the Alpine Village Airpark Association, Inc., a Wyoming Nonprofit Corporation, pursuant to authority provided to him by said Nonprofit Corporation's Board of Directors. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 EDINGTON: My Commission expires: BY: /2„, REX DOORNBOS, DATE PRESIDENT WITNESS my hand and official seal. 0-04/K EASEMENT AGREEMENT WJWET AL. BAR JB PAGE 5 OF 6 a Ni OTA PUBLI OTAR PUBLIC GARRET J H.H ON DATE O79h, STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the by GARRET J. EDINGTON. w�TN W HITNEY BUCKLEY COUNTY OF LINCOLN MY COMMISSION EXPIRES JULY 13, 2014 My Commission expires: GRANTEE: BAR J.B. LAND, TIMBER CATTLE COMPANY, LLC, an Idaho limited liability company BY: .ice 0 RT STUEVE, DATE MANAGER STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the day of August, 2012, by Robert Stueve, as Manager of Bar J.B. Land, Timber Cattle Company, LLC, an Idaho Limited Liability Company, pursuant to authority provided to him by said Company's Board of Members. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires: July 16, 2015 My Commission expires: h ancLandofficial seal. NOTARY PUBLIC STATE OF WYOMING d? EASEMENT AGREEMENT WJW ET AL BAR JB PAGE 6 OF 6 day of August, 2012, 0019 QUITCLAIM DEED KNOW ALL PERSONS BY THESE PRESENTS, that BAR J.B. LAND, TIMBER CATTLE COMPANY, LLC, an Idaho limited liability company, 10258 West Thompson Road, Coeur d'Alene, Idaho 83814, GRANTOR, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby remises, releases, and forever QUITCLAIMS unto GARRET J. EDINGTON, a single man, P.O. Box 3524, Jackson, Wyoming 83001, GRANTEE, and his heirs and assigns forever, all such right, title, interest property, possession, claim, and demand as it may have or ought to have in and to all of the following described property situate in the County of Lincoln, State of Wyoming, to wit: See the property description titled "DESCRIPTION FOR GARRET J. EDINGTON" dated 12 July 2012, attached hereto. Together with and including all improvements thereon and all appurtenances and hereditaments thereunto belonging. Subject to easements, declarations of covenants, conditions, and restrictions, and rights of way of record or in use. WITNESS my hand this I tif day of August, 2012. BAR J.B. LAND, TIMBER CATTLE COMPANY, LLC, an Idaho limited liability company BY: OBERT STUEVE, MANAGER STATE OF WYOMING COUNTY OF LINCOLN SS. ACKNOWLEDGED before me on this, the ISk' day of August, 2012, by Robert Stueve, as Manager of Bar J.B. Land, Timber Cattle Company, LLC, an Idaho Limited Liability Company, pursuant to authority provided to him by said Company's Board of Members. WITNESS m hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: 6 11e6 Its 00194 RECEIVED 8/10/2012 at 9:07 AM RECEIVING 966066 BOOK: 791 PAGE: 194 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No.6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No.11810 Idaho Registration No.13493 CFEDS No. 1223 Surveyor Scheibe!, LTD. ABOn, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR GARRET J. EDINGTON To -wit: Ut 79 00.J0 All of Lot 135 as depicted on the below referenced plat; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 23 FILING AND PLAT OF BOUNDARY ADJUSTMENT OF LOT 83 ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 6 FILING AND BAR J B LAND, TIMBER AND CAI I'LE CO., LLC W OT 1 GLO LOT 2 NE1/4NW1/4 SE1 /4NW1 /4 SECTION 19 T37N R118W L WYOMING dated 2 August 2011, as revised. Fy 11610 cc 4 12 July 011, Date 4Z--# "Modification in any way of the foregoing description terminates liability of the surveyor" w rt Q w c, ai co w Z 115 CD 0 0 °'a. w o Z U oz W w 1 0 0 Y 0 W O z W m 0 Z J KNOW ALL PERSONS BY THESE PRESENTS, that GARRET J. EDINGTON, a single man, P.O. Box 3524, Jackson, Wyoming 83001, GRANTOR, for and in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby remises, releases, and forever QUITCLAIMS unto BAR J.B. LAND, TIMBER CATTLE COMPANY, LLC, an Idaho limited liability company, 10258 West Thompson Road, Coeur d'Alene, Idaho 83814, GRANTEE, and its successors and assigns forever, all such right, title, interest property, possession, claim, and demand as he may have or ought to have in and to all of the following described property situate in the County of Lincoln, State of Wyoming, hereby waiving and releasing all rights under and by virtue of the homestead exemption laws of the State of Wyoming, to wit: See the property description titled "DESCRIPTION FOR BAR J B LAND CATTLE AND TIMBER CO., LLC BAR J B TRACT dated 12 July 2012, attached hereto. Together with and including all improvements thereon and all appurtenances and hereditaments thereunto belonging. Subject to easements, declarations of covenants, conditions, and restrictions, and rights of way of record or in use. WITNESS my hand this S day of August, 2012. STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 2012, by GARRET J. EDINGTON. WITNESS my hand and official seal. WHITNEY BUCKLEY NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING COMMISSION EXPIRES JULY 13, 2014 QUITCLAIM DEED My Commission expires: day of August, 00196 Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Scherbel, LTD. ABon, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier. Idaho DESCRIPTION FOR BAR J B LAND CATTLE AND TIMBER CO., LLC BAR J B TRACT To -wit: All of the BAR J B TRACT as depicted on the below referenced plat; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 23 FILING AND PLAT OF BOUNDARY ADJUSTMENT OF LOT 83 ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 6 FILING AND BAR J B LAND, TIMBER AND CATTLE CO., LLC WITHIN GLO LOT 1 GLO LOT 2 NE1 /4NW1 /4 SE1 /4NW1 /4 SECTION 19 T37N R118W LINC• te Y, WYOMING dated 2 August 2011, as revised. 00800 00197 "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyor; PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR BAR J B LAND CATTLE AND TIMBER CO., LLC FROM GARRET J. EDINGTON TAXIWAY EASEMENT To -wit: 00801 A strip of land, eighty (80) feet in width, for ingress, egress and utilities over, under and across that part of GLO Lot 1 and the NE'/NW'/ of Section 19, T37N R118W, Lincoln County, Wyoming, with the centerline described as follows: BEGINNING at a position on the northeast line of Lot 135 of Alpine Village Subdivision No. 1 Plat 2 Amended 23` Filing, to be recorded subsequently, S36 48' -39 "E, 41.21 feet, from the northeast point thereof; thence S67 06' -35 "W, 231.69 feet, to a position at the beginning of a circular curve to the left; thence southwesterly, 98.12 feet, along the are of said curve, through a central angle of 56 13'-15", with a radius of 100.00 feet, and a chord bearing S38 59' -58 "W, 94.23 feet, to a position; thence S10 53' -20 "W, 126.89 feet, to a position at the beginning of a circular curve to the left; thence southerly, 19.28 feet, along the arc of said curve, through a central angle of 2 12' -35 with a radius of 500.00 feet, and a chord bearing S09 47' -03 "W, 19.28 feet, to a position on the south line of said Lot 135; the BASE BEARING for this survey is the north line of Lot 44, Alpine Village Subdivision No. 1 Plat 2 Amended, of record in said Office as Plat No. 264, being N67 06' -35 "E; the northerly and southerly right -of -way lines of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of eighty (80) feet to meet the northeasterly and southerly property lines of said Lot 135; RESERVING unto the Grantor, his heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across the above described Taxiway Easement; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details; each "position" is a calculated position with no monument found or set; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 23 FILING AND PLAT OF BOUNDARY ADJUSTMENT OF LOT 83 ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMENDED 6 FILING AND BAR J B LAND, TIMBER AND CATTLE CO., LLC WITHIN GLO LOT 1 GLO LOT 2 NE1/4NW1/4 SE1 /4NW1 /4 SECTION 19 T37N R118W LINCOLN CO J' YOMING dated 2 August 2011, as revised. 11 July 2012 "Modification in any way of the foregoing description terminates liability of the surveyor"