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HomeMy WebLinkAbout969139TERMINATION OF EASEMENTS RECITALS: After recording, return to: Thel W. Casper, Esq. Post Office Box 51298 Idaho Falls, Idaho 83405 RECEIVED 1/23/2013 at 10:06 AM RECEIVING 969139 BOOK: 803 PAGE: 196 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY .5pace Is reservea )or use uy rteruruec THIS TERMINATION OF EASEMENTS (this "Termination is made January,;, 2013 (the "Effective Date by THE MAYFIELD CORPORATION, INC., a Wyoming corporation, and DANIEL SCHWAB, individually (collectively "Owner and by CIRCLE B LAND COMPANY FISH CREEK, LLC, an Idaho limited liability company, CIRCLE B LAND COMPANY HUFFORD, LLC, an Idaho limited liability company, CIRCLE B LAND COMPANY MAYFIELD, LLC, an Idaho limited liability company, CIRCLE B LAND COMPANY STARVATION PASTURE, LLC, an Idaho limited liability company, CIRCLE B LAND COMPANY TOM GOURE, LLC, an Idaho limited liability company, and CIRCLE B LAND COMPANY WEST HILLS, LLC, an Idaho limited liability company (collectively "Circle B Ranches A. Owner is presently the holder of the easement interests under (a) the Easement, dated September 27, 2010, from CloudVeil Ranches LLC to Mayfield Corporation, Inc., recorded September 29, 2010 as Receiving #955755 in Book 754 at Page 607, and (b) the Easement, dated August 30, 2011, by Mayfield Corporation, Inc., recorded August 30, 2011 as Receiving #960767 in Book 771 at Page 831 (the "Easements B. Owner is also presently the owner of a portion of the property encumbered by the Easements. Circle B Ranches are presently the owners of the remaining portions of the property encumbered by the Easements. C. Pursuant to the Purchase and Sale Agreement, dated January 10, 2013, between Owner and Circle B Land Company Hams Fork, LLC "Buyer as amended by that Amendment to Purchase and Sale Agreement, dated January 17, 2013 (collectively the "Agreement Owner and Circle B Ranches have agreed to the termination of the Easements. AGREEMENTS: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as set forth below. 1. Owner hereby represents and warrants that (i) Owner is the holder of all easement and other rights of the dominant estate described in the Easements, and (ii) Owner has full power and authority to terminate the Easements. 2. Owner hereby terminates the Easements and releases any and all interest Owner has or may have in the servient estates described in the Easements. Owner shall indemnify Buyer and Circle B Ranches against, and agrees to hold Buyer and Circle B Ranches harmless from all liabilities, obligations, actions, suits, proceedings or claims, and all costs and expenses (including but not limited to reasonable attorney fees and costs) arising out of or in connection with the Easements based upon an event occurring or alleged to have occurred before the Effective Date or based upon a breach of any representation or warranty by Owner in this Termination. assigns. 3. This Termination shall be binding upon Owner and their respective successors and IN WITNESS WHEREOF, the parties have executed this Termination the day and year first above written. 2 TERMINATION OF EASEMENTS THE MAYFIELD CORPORATION, INC. By: Bv: Bv: CIRCLE B LAND COMPANY FISH CREEK, LLC By: BV Management Services, Inc., an Idaho corporation, the Mana'er 0 A C ney iddiard, President CIRCLE B LAND COMPANY HU ORD, LLC By: BV Management Services, Inc., an Idaho corporation, the Manager y iddiard, Presi n CIRCLE B LAND COMPANY MAYFIELD, LLC By: BV Management Services, Inc., an Idaho corporation, the Manager iddiard, Presi -n STATE OF t O rY1 C )ss. County of L \-C C) V 1 Dyanna Parker Notary Public County Lincoln My Commission Expires State of Wyoming L 31 3 TERMINATION OF EASEMENTS CIRCLE B LAND COMPANY STARVATION PASTURE, LLC By: BV Management Services, Inc., an Idaho corporation, the Manager B B ne Liddiard, President CIRCLE B LAND COMPANY TOM GOURE, LLC By: BV Management Services, Inc., an Idaho corporation, the Manager By _J Cortney iddiar CIRCLE B LAND COMPANY WE HILLS, LLC By: BV Management Services, Inc., an Idaho corporation, the Manager y ddiard, President On theQ day of January, 2013, before me, the undersigned, a notary public in and for ,acid State, p rsonally appeared \u3c,h, known or identified to me to be the z r� L-17 I Tj i t CV-01 of The Mayfield Corporation, Inc., and the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. A r z .c am. Notary Public for: k.Lk��-�v (seal) Residing at: J C In C E'M My Commission Expires: (p cMcp STATE OF V nA )ss. County of L Co 1 A On the ,9 day of January, 2013, before me, the undersigned, a notary public in and for said State, personally appeared Daniel Schwab, known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Dyanna Parker Notary Public s Of I 1 t County of Mote of Notary Public for: )Cv Lincoln Wyoming ti MyCorhmissio Expires, L Q( STATE OF IDAHO (seal) (seal) )ss. County of Bonneville 4 TERMINATION OF EASEMENTS Residing at z• u My Commission Expires: e On the \`rday of January, 2013, before me the undersigned, a notary public in and for said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., which corporation is the Manager of Circle B Land Company Fish Creek, LLC, and the Manager who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that such corporation as the Manager executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: 'aric\k‘p My Commission Expires: ao\L\ STATE OF IDAHO )s s County of Bonneville On the I1 day of January, 2013, before me the undersigned, a notary public in and for said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., which corporation is the Manager of Circle B Land Company Hufford, LLC, and the Manager who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that such corporation as the Manager executed the same in said limited liability company name IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: S-dello My Commission Expires: -0 -aO \L.\ STATE OF IDAHO )ss. County of Bonneville On the 11 day of January, 2013, before me the undersigned, a notary public in and for said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., which corporation is the Manager of Circle B Land Company Mayfield, LLC, and the Manager who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that such corporation as the Manager executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (seal) STATE OF IDAHO )ss. County of Bonneville On the \1 day of January, 2013, before me the undersigned, a notary public in and for said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., which corporation is the Manager of Circle B Land Company Starvation Pasture, LLC, and the Manager who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that such corporation as the Manager executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (seal) STATE OF IDAHO )ss. County of Bonneville On the \day of January, 2013, before me the undersigned, a notary public in and for said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., which corporation is the Manager of Circle B Land Company Tom Goure, LLC, and the Manager who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that such corporation as the Manager executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (seal) 5 TERMINATION OF EASEMENTS Notary Public for Idaho Residing at: Zpk�lr‘Th c01\5 L My Commission Expires: J- A- 1a -a.p11-k Notary Public for Idaho Residing at: '�60,.Scb My Commission Expires: J -k-V -.OV-\ Notary Public for Idaho Residing at: -.r &o F0.1\S My Commission Expires: 1 -1 -Va tL\ (seal 6 TERMINATION OF EASEMENTS Notary Public for Idaho Residing at: ,p Frak My Commission Expires: 1-k— 00201 STATE OF IDAHO )ss. County of Bonneville On the CJ day of January, 2013, before me the undersigned, a notary public in and for said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., which corporation is the Manager of Circle B Land Company West Hills, LLC, and the Manager who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that such corporation as the Manager executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.