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Home My WebLink About968796t When Recorded Return to: Ronald B. Merrill Bryan Cave HRO 1700 Lincoln Street, Suite 4100 Denver, Colorado 80203 ACCESS EASEMENT AGREEMENT WITNESSETH: 1 00711 RECEIVED 12/31/2012 at 3:58 PM RECEIVING 968796 BOOK: 801 PAGE: 711 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ACCESS EASEMENT AGREEMENT (this "Agreement is made and entered into this i day of December, 2012, by and among E. GREGORY HIGLEY, TRUSTEE REVOCABLE TRUST DATED 11/12/1992 "Higley TBB INVESTMENTS, LTD., a Utah limited liability company "Brower C FIVE INVESTMENT, LC, a Utah limited liability company "Cowley a (the parties singularly may be referred to as a "Party and collectively referred to as "Parties WHEREAS, Higley is the owner of certain real property located in Lincoln County, Wyoming and more particularly described on Exhibit A attached hereto (the "Higley Property WHEREAS, Cowley is the owner of certain real property adjoining the Higley Property and more particularly described on Exhibit B attached hereto (the "Cowley Property WHEREAS, Brower is the owner of certain real property adjoining the Cowley Property and more particularly described on Exhibit C attached hereto (the "Brower Property WHEREAS, the Higley Property, the Cowley Property and the Brower Property were previously part of one combined piece of property (the "Property WHEREAS, there is currently a public County road (the "County Road that traverses the Property that provides access to the Higley Property, the Cowley Property and the Brower Property; WHEREAS, there is also a river (the "River which traverses the Property, and the sole vehicular access from the portion of the Property on the east side of the River to the west side of the River is a bridge that is located on the Higley Property (the "Bridge WHEREAS, there is also a small access road from the County Road to the Bridge, and which then also provides further access to a cabin located on the Cowley Property, and further access to the Brower Property (the "Access Road WHEREAS, Higley is willing to grant to Cowley and Brower, and Higley and Cowley are willing to grant to Brower access over the Bridge and the Access Road pursuant to the terms and conditions set forth herein. ACCESS EASEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Access Easements. (a) Higley hereby grants Cowley a nonexclusive perpetual access easement for vehicular, livestock, and pedestrian ingress and egress to and from the County Road to the Cowley Property on the Access Road and the Bridge over that portion of the Access Road and Bridge that lie within the Higley Property. Higley hereby grants Brower a nonexclusive perpetual access easement for vehicular, livestock, and pedestrian ingress and egress to and from the County Road to the Brower (and over the Cowley Property) on the Access Road and the Bridge over that portion of the Access Road and Bridge that lie within the Higley Property. It is specifically understood that any party who leases any portion of the Cowley Property or the Brower Property (for grazing, agriculture or otherwise), shall also have the right to use such easement access. (b) Cowley hereby grants Brower a nonexclusive perpetual access easement for vehicular, livestock, and pedestrian ingress and egress to and from the County Road to the Brower Property on the Access Road and Bridge over that portion of the Access Road that lies within the Cowley Property (the easements described in these paragraphs 1(a) and 1(b) are collectively referred to as the "Access Easements It is specifically understood that any party who leases any portion of the Brower Property (for grazing, agriculture or otherwise), shall also have the right to use such easement access. 2. Maintenance. No party will have an obligation to maintain the Access Road or the Bridge. However, any party may, at its expense, cause maintenance on the Access Road or the Bridge. Notwithstanding the foregoing, if any party, or its guests or invitees shall cause damage to the Access Road or the Bridge, such party shall repair such damage at its expense. 3. Amendment to Clarify Location. The parties acknowledge that this Agreement will need to be amended to reflect an exact legal description of the Access Easements, and Brower agrees to retain a surveyor to create legal descriptions for the Access Easement. At such time as the legal descriptions of the Access Easement have been determined, the parties agree to amend this Agreement to reflect the correct descriptions, and to cause such amendment to be recorded. The cost of the surveyor shall be shared equally by Cowley and Brower. 4. Reserved Rights. Higley and Cowley reserve the right to use the Access Easements for any purpose not inconsistent with the rights of Brower hereunder. 2 0071 00p 16 5. Assumption of Risk. Brower and Cowley, and their respective successors, assigns, guests and invitees shall use the Access Easements, and shall enter onto the Higley Property and the Cowley Property at their own risk and they further ASSUME ALL RISKS related to the same. 6. Governing Laws. This Agreement shall be construed in accordance with the laws of the State of Wyoming. 7. Severability. If any term, provision or condition contained this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement (or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable), except those terms, provisions or conditions which are made subject to or conditioned upon such invalid or unenforceable terms, provisions or conditions, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 8. Successors. The covenants, conditions and agreements contained in this Agreement shall be binding upon the Parties, and their respective successors and assigns and shall inure to the benefit of the Parties and their respective successor Parties. 9. Counterparts. This Agreement may be signed in several counterparts, each of which shall be deemed an original, and all such counterparts shall constitute one and the same instrument. The signature of a Party to any counterpart may be removed and attached to any other counterpart. Any counterpart to which is attached the signatures of all Parties shall constitute an original of this Agreement. Photocopies of signatures and signatures delivered electronically or by facsimile shall be deemed to be originals for purposes of enforcement of this Agreement and shall be promptly followed by original signatures for purposes of the recording of this Agreement. 10. Recording. A fully executed and acknowledged copy of this Agreement shall be recorded in the public records of the county in which the Property is located, immediately following execution of this Agreement by the Parties. The cost of recording shall be paid by Brower. 11. Exhibits. The exhibits to this Agreement are hereby incorporated by reference into, and made a part of, this Agreement, as fully as if set forth in full herein 12. Covenants Run with the Land. It is intended that the covenants, easements, agreements, promises and duties of each Party as set forth in this Agreement shall be construed as covenants and not as conditions, and that, to the fullest extent legally possible, all such covenants shall run with the land and constitute equitable servitudes as between the tract of the respective covenantor, as the servient tenement and the tract of the respective covenantee, as the dominant tenement, binding upon the servient tenement and benefiting the dominant tenement. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day and year first written. COWLEY: C FIVE INVESTMENT, LC, a Utah limited liability company By: HIGLEY: E. G Trust Date BROWER: By: Title: TBB INVESTMENTS, LTD., a Utah limited liability company 4 L' rustee of Revocable 1/ 2/1992 00 i.'. STATE OF UTAH COUNTY OF DAVIS On the `j day of December, 2012, E. Gregory Higley personally appeared before me, the undersigned notary public, and he being personally known to me or making himself known to me by credible evidence, upon being duly sworn, declared and acknowledged to me that he executes .e foreg ng instrument as the trustee of Revocable Trust dated 11/12/1992. ary Public Address: PO (3o X U.) T rrn n Commission Expires: 6u, STATE OF UTAH COUNTY OF DAVIS On theday of December, 2012, the undersigned notary public, and he being personally known me by credible evidence, upon being duly worn, decAre executed the f, _oing instrument as the 'v-Q.1 1��`� hQ� Utah limitea lity co s any. ublic Address: POGoK (,p f&t,rhs UT UP Commission Expires: 30,1Lt dlp a�4S STATE OF UTAH COUNTY OF DAVIS &q,c,as IS On the day of December, 2012,( RCoLote personally appeared before me, the undersigned notary public, and he being personally known 'to me or making himself known to me by credible evidence, upon being duly sworn, declared and acknowledged to me that he executed the foregoing instrument as the iACT j of C Five Investment, LC, a Utah lim d 1 ability cow any. p Public Address: b €pk b U1/4-7 ifIAL \jor\ O— 3c E Commission Expires.1 5 SHERRIE TRYTHALL Notary Public State of Utah My Commission Expires on: July 26, 2015 Comm. Number: 611957 personally appeared before me, to me or making himself known to and acknowledged to me that he of TBB Investments, Ltd., a SHERRIE TRYTHALL Notary Public State of Utah My Commission Expires on: July 26, 2015 Comm. Number: 611957 SHERRIE TRYTHALL Notary Public State of Utah My Commission Expires on: July 26, 2015 Comm. Number: 611957 0071" BEGINNING at Angle Point 11 of said Tract 66 and running thence S 89 °57' E, 1325.28 feet along Line 11 -10 Tract 66 to Angle Point 10 thereof; thence S 6 °03' W, 1312.08 feet along Line 10 -9 of said Tract 66 to Angle Point 9 thereof; thence S 7 °00' W, 1314.06 feet along Line 9 -8 of said Tract 66 to Angle Point 8 thereof; thence N 89 °58' W, 2650.56 feet along Line 8 -7 of said Tract 66 to Angle Point 7 thereof; thence N 6 °52' E, 1314.06 feet along Line 7 -6 of said Tract 66 to Angle Point 6 thereof; thence N 6 °13' E, 1309.44 feet along Line 6 -5 of said Tract 66 to Angle Point 5 thereof; thence continuing N 6 °13' E, 100.00 feet along the extension northerly of said Line 6 -5 Tract 66; thence N 89 °54' E, 1324.66 feet, more or less, to a point lying on Line 1 -11 of said Tract 66; thence S 6 °08' W, 100.00 feet along said Line 1 -11 to the POINT OF BEGINNING. 6 EXHIBIT A HIGLEY PROPERTY The following described real estate, situate in Lincoln County, Wyoming: A parcel of land located in Resurvey Tract No. 66, within Sections 28 and 33, Township 27 North, Range 118 West, 6th P.M., Lincoln County, Wyoming, being more particularly described as follows: EXHIBIT B COWLEY PROPERTY The following described real estate, situate in Lincoln County, Wyoming: Resurvey Township 27 North, Range 118 West of the 6th P.M., Lincoln County, Wyoming Tracts 72, 73, 74 and 75, and a portion of Tract 66 described as follows: A parcel of land located in Resurvey Tract No. 66, within Section 28, Township 27 North, Range 118 West, 6th P.M., Lincoln County, Wyoming, being more particularly described as follows: BEGINNING at Corner No. 1 of said Tract 66 and running thence S 06 °08' W, 1212.08 feet, more or less, along Line 1 -11 of said Tract 66 to a point lying N 06 °08' E, 100.00 feet from Angle Point 11 thereof; thence S 89 °54' W, 1324.66, more or less, to a point lying N 6 °13'E, 100.00 feet along the northerly extension of Line 6 -5 of said Tract 66; thence S 6 °13' W, 100.00 feet along said line extension to said Angle Point 5; thence S 89 °23' W, 1323.96 feet along Line 5 -4 of said Tract 66 to Angle Point 4 thereof; thence N 6 °09' E, 1314.72 feet along Line 4 -3 of said Tract 66 to Angle Point 3 thereof; thence N 89 °25' E, 1323.96 feet along Line 3 -2 of said Tract 66 to Angle Point 2 thereof; thence N 89 °58'48" E, 1324.14 feet along Line 2 -1 of said Tract 66 to the POINT OF BEGINNING. 7 EXHIBIT C BROWER PROPERTY The following described real estate, situate in Lincoln County, Wyoming: Resurvey Township 27 North, Range 118 West of the 6th P.M., Lincoln County, Wyoming Tracts 61, 62 and 63. 8 0 ti