HomeMy WebLinkAbout970031RECEIVED 3/19/2013 at 3:07 PM
RECEIVING 970031
BOOK: 807 PAGE: 165
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
ACCESS EASEMENT AGREEMENT
00165
THIS ACCESS EASEMENT AGREEMENT, hereafter the "Agreement effective
this 1 day of September, 2012, is by and between BB RIVERSIDE, LLC, a Wyoming limited
liability company, P.O. Box 800, Thayne, Wyoming 83127, hereafter `BB and CTR
ENTERPRISES, LLC, a Wyoming limited liability company, P.O. Box 4343, Bedford,
Wyoming 83112, hereafter "CTR
WHEREAS, BB owns real property in Thayne, Wyoming pursuant to a Corrective
Quitclaim Deed that was recorded in the Lincoln County, Wyoming land records on July 2, 2012
in Book 788 at Pages 725 and 726 as Receiving No. 965366, a copy of which is attached hereto,
hereafter, the "BB Property and
WHEREAS, CTR owns real property in Thayne, Wyoming pursuant to a Quitclaim
Deed that was recorded in the Lincoln County, Wyoming land records on July 27, 2012 in Book
790 at Pages 252 and 253 as Receiving No. 965776, a copy of which is attached hereto, said
property hereafter the "CTR Property and
WHEREAS, BB and CTR have agreed that it will be mutually beneficial to grant an
access easement that will allow vehicular ingress and egress to and from U.S. Highway 89 to the
BB Property and the CTR Property, and to allow the installation, operation, maintenance, and
replacement of underground utilities, all pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, BB and CTR hereby agree as follows:
1. ACCESS EASEMENT ESTABLISHED. BB and CTR, for themselves and
their successors and assigns, hereby grant and convey to each other a perpetual non exclusive
easement for ingress and egress of pedestrians and vehicles, and for the installation, operation,
maintenance, and replacement of underground utilities, from U.S. Highway 89 onto that part of
each of their properties that sits on the common boundary of the BB Property and the CTR
Property, twenty feet (20') in width on each of the properties, and that runs from the boundaries
of those properties with U.S. Highway 89 west for twenty feet (20'), within the Twenty (20) foot
Shared Access and Utility Easement(s) as depicted on the "FINAL PLAT NORTH BEND
ADDITION TO THE TOWN OF THAYNE IN THE NE1 /4NW1 /4 SECTION 23 T34N
R119W, LINCOLN COUNTY, WYOMING recorded in the land records of Lincoln County,
Wyoming on the 6 �1 r�l day of at& 2013 as Receiving No.
91000-3 in order to allow unimpeded access to and from each of the properties
by BB and CTR and their employees, agents, customers, invitees, and guests, and to allow for
ACCESS EASEMENT AGREEMENT
BB RIVERSIDE, LLC CTR ENTERPRISES, LLC
PAGE 1 OF 4
the installation, operation, maintenance, and replacement of underground utilities, said easement
hereafter the "Access Easement
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, BB and CTR state and declare that
consideration has been provided to each of them for this Agreement.
3. ACCESS EASEMENT COVENANTS. BB and CTR, for themselves and their
successors and assigns, hereby agree:
a. Except for temporary obstructions required for the purposes of
maintaining and improving the Access Easement and for installing and maintaining,
repairing and replacing underground utilities therein, the Access 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 Access Easement.
Access 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 Access Easement for ingress and egress.
b. That the Access 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 Access Easement.
c. Any improvements made within the Access Easement shall be at the sole
expense of the party making the improvements unless otherwise agreed to in writing.
d. BB and CTR 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 Access Easement unless such injury or damage is
recklessly or intentionally caused. BB and CTR shall each maintain a general liability
insurance policy with a limit of at least One Million Dollars ($1,000,000.00) that insures
use of the easement. Said insurance policies shall be written by a company licensed to do
business within the State of Wyoming, and shall name either BB or CTR, as appropriate,
as an additional insured. Each shall provide the other annually with proof of such
insurance coverage.
e. BB and CTR shall be entitled to uses of the Access Easement that are not
inconsistent with the uses provided herein, including but not limited to the granting or
assignment of the Access Easement to third parties with interests in either the BB
Property or the CTR Property.
4. ACCESS EASEMENT TO RUN WITH THE LANDS. The Access Easement
created herein shall run with the lands identified herein, and shall be binding on and shall inure
to the benefit of BB and CTR and their respective successors and assigns.
ACCESS EASEMENT AGREEMENT
BB RIVERSIDE, LLC CTR ENTERPRISES, LLC
PAGE 2 OF 4
5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement
between BB and CTR, 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 BB and CTR or their
successors and assigns.
7. WAIVERS. The failure of BB and or CTR 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. BB and CTR, 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. BB and CTR, for themselves and their successors and
assigns, 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 DATE OF EASEMENT. This Agreement shall only become
effective upon recordation in the land records of Lincoln County, Wyoming.
IN WITNESS WHEREOF, BB and CTR have caused this Agreement to be signed on
the dates indicated below.
BB:
BB RIVERSIDE, LLC,
a Wyoming limited liability company,
BY: D
D. BROG,
ANAGER
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me on this, day of 1, 2013,
ACCESS EASEMENT AGREEMENT
BB RIVERSIDE, LLC CTR ENTERPRISES, LLC
PAGE 3 OF 4
/r
DATE
001.67
by LUKE D. BROG, as Manager of BB Riverside, LLC, a Wyoming limited liability
company, pursuant to authority provided to him in said Company's Operating
Agreement.
CTR:
WITNESS my hand and official seal.
My Commission expires: I /0
CTR ENTERPRISES, LLC,
a Wyoming limited liability company
ERIC
MANAGER
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me on this, the day of Ma 4,e
2013, by ERIC BOONE HODGES, as Manager of CTR Enterprises, LLC, a Wyoming
limited liability company, pursuant to authority provided to him in said Company's
Operating Agreement.
WITNESS my hand and official seal.
My Commission expires:
HODG DA E
OTARY PUBLIC
ACCESS EASEMENT AGREEMENT
13B RIVERSIDE, LLC CTR ENTERPRISES, LLC
PAGE 4 OF 4
i3
KNOW ALL PERSONS BY THESE PRESENTS, that ERIC BOONE HODGES and LUKE
D. BROG, GRANTORS, for and in consideration of Ten Dollars ($10.00) and other valuable
consideration, in hand paid, receipt of which is hereby acknowledged, hereby remise, release, and forever
quitclaim unto BB RIVERSIDE, LLC, a Wyoming limited liability company, P.O. Box 800, Thayne,
Wyoming 83127, GRANTEE, and its successors and assigns forever, all such right, title, interest
property, possession, claim, and demand as Grantors may have or ought to have in and to all of the
following described property, to wit:
That property described in the legal description titled "Description: North Half of
Aullman Parcel One Split attached hereto and incorporated herein by reference.
Together with all improvements and appurtenances thereon situated or in
anywise appertaining thereunto.
Subject to all reservations, restrictions, covenants, exceptions, easements, and
rights -of -way of record, in sight, or in use.
This Corrective Quitclaim Deed is to clarify that the conveyance of real property in the Quitclaim
Deed that was recorded in the land records of Lincoln County, Wyoming on February 10, 2011 in Book
762 at Pages 300 and 301 as Receiving No. 958022 was to BB Riverside, LLC, a Wyoming limited
liability company.
WITNESS our hands this 26th day of June, 2012.
C BOONE H DGES
STATE OF WYOMING
COUNTY OF LINCOLN
RECEIVED 7/2/2012 at 2:48 PM
RECEIVING 965366
BOOK: 788 PAGE: 725
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
CORRECTIVE QUITCLAIM DEED
SS.
D. BROG
ACKNOWLEDGED before me on this 26th day of June, 2012, by Eric Boone Hodges and Luke
D. Brog.
WITNESS my hand and official s
M KEVIN VOYLES NOTARY PUBLIC
County of i; State ng
Lincoln
My Commission Expires: July 16, 2015
My Commission expires: 0 7//6 'I
00725 0 01 9
Description; North Half of Au8man Parcel One Split
000301
A portion of the Aullman Parcel One as referred to In the Deed recorded with Receiving No. 957342, In
Book759, on Page 411, with the Office of the Clerk of Lincoln County Wyoming, within the NE1 /4NW1/4
of Section 23. T34N, R119W, of the 6'" P.M., Town of Mayne, Lincoln County, Wyoming, the boundary
being described a follows:
Beginning at a point In the West line of the NW1/4NE1/4 of said Section 23, said point of beginning
being 445.50 feet, 5 0'51'1" W from the Uoyd B. Baker PEPS 698, 1975 location for the Northwest
Comer of said NW1 /4NE1/4, of said Section 23; thence 5 0'51'19' W 152.66 feet, continuing along said
West line of said NW1/4NE1/4, of said Section 23, thence N 89'9'8" W 201.78 feet, thence N 0•26'36" E
152.66 feet, thence 5 89d9'17" E 202.88 feet, to the true point of beginning, Encompassing 31,300 Sq.ft.
or .705 Acres +1...
TOGETHER WITH and SUBJECT TO: that portion of and lying within the Bounds of Main Street (U.S.
Highway 89).
TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions, Restrictions, Reservations, Right -of way,
Improvements, Including but not limited to Conditions of sight and or record.
00726 00170
M KEVIN VOYLES NOTARY PUBLIC
County of O State of
Lincoln Wyoming
My Commission Expires: July 16, 2015
My Commission expires: 0
RECEIVED 7/27/2012 at 11:11 AM
RECEIVING 965776
BOOK: 790 PAGE: 252
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
QUITCLAIM DEED
KNOW ALL PERSONS BY THESE PRESENTS, that ERIC BOONE HODGES,
GRANTOR, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand
paid, receipt of which is hereby acknowledged, hereby remises, releases, and forever quitclaims unto
CTR ENTERPRISES, LLC, a Wyoming limited liability company, P.O. Box 4343, Bedford, Wyoming
83112, GRANTEE, and its successors and assigns forever, all such right, title, interest property,
possession, claim, and demand as Grantors may have or ought to have in and to all of the following
described property, to wit:
That property described in the legal description titled "Description: South Half of
Aullman Parcel One Split attached hereto and incorporated herein by reference.
Together with all improvements and appurtenances thereon situated or in
anywise appertaining thereunto.
Subject to all reservations, restrictions, covenants, exceptions, easements, and
rights -of -way of record, in sight, or in use.
WITNESS my hand this 18th day of July, 2012.
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me on this 18th day of July, 2012, by Eric Boone Hodges.
WITNESS my hand and official seal.
00252
0
Description: South Half of Aullman Parcel One Split
002 L
00030
A portion of the Aullman Parcel One as referred to in the Deed recorded with Receiving No. 957342, in
Book 759, on Page 411, with the Office of the Clerk of Lincoln County Wyoming, within the NE1 /4NW1/4
of Section 23, T34N, R119W, of the 6' i P.M., Town of Thayne, Lincoln County, Wyoming, the boundary
being described a follows:
Beginning at a point in the West line of the NW1/4NE1 /4 of sald Section 23, said point of beginning
being 598.16 feet, S 0'51'6" W from the Lloyd B. Baker PE /LS 698, 1975 location for the Northwest
Corner of said NW1 /4NE1 /4, of said Section 23; thence 5 0'51'19" W, continuing along said West line of
said NW1 /4NE1/4, of said Section 23, 352.66 feet to the North east corner of the Aullman property, as
referred to in the deed recorded with the Receiving No. 910519, in Book 593, on Page 30, with said
Office, said Point being 551.77 feet N0'51'01 "E, along said West line from the Lloyd B. Baker PE /LS 698,
1999 location for the Southwest Corner of Said NW1 /4Ne1 /4, of said Section 23; thence N 89'8'59" W,
along the North line of last said Aullman property, 200.68 feet; thence N 0'26'36" E 152.66 feet, thence
5 89'9'8" E 201.78 feet, to the true point of beginning, Encompassing 31,300 Sq.Ft. or .705 Acres
TOGETHER WITH and SUBJECT TO: that portion of land lying within the Bounds of Main Street (U.S.
Highway 89).
TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions, Restrictions, Reservations, Right -of- way,
Improvements, including but not limited to Conditions of sight and or record.
1