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HomeMy WebLinkAbout970939RECEIVED 5/10/2013 at 3:44 PM RECEIVING 970939 BOOK: 811 PAGE: 341 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY JOINT ACCESS EASEMENT AGREEMENT This Joint Access Easement Agreement "Agreement effective May 15, 2013, between Kristi Heiner, 3549 County Road 123, Bedford, Wyoming 83112 (referred to as "Kristi Heiner and Dick R. Heiner and Diana L. Heiner, Husband and Wife, 3193 County Road 123, Bedford, WY 83112 and Dick R. Heiner, the acting trustee and his successors in trust of the Gwen R. Heiner Trust dated 3 December 2007 (collectively referred to as "Dick Heiner Collectively, the parties shall be referred to as "the Parties." WITNESSETH WHEREAS, Kristi Heiner owns the real property over a portion of land located on the SW 1 /4NE 1 /4 of Section 10 in T33N, R118W, 6th P.M. Lincoln County, Wyoming (the "Kristi Heiner Property and WHEREAS, Dick Heiner owns the NE 1 4NW 1 4 and the NW1 /4NE1 /4 of Section 10 in T33N, R118W, 6th P.M. Lincoln County, Wyoming and described on the attached "DESCRIPTION FOR DICK R. HEINER AND DIANA L. HEINER DICK HEINER DICK HEINER KRISTI HEINER JOINT ACCESS EASEMENT AGREEMENT PAGE 1 OF 6 UO341 0 03 2 TRACT- ADJUSTED" marked as Exhibit A (the "Dick Heiner Property and WHEREAS, Dick Heiner desires to obtain an easement over a that portion of the Kristi Heiner Property described on the attached "DESCRIPTION FOR RALPH S. HEINER TRUST, DATED 3 DECEMBER 2007 AND GWEN R. HEINER TRUST, DATED 3 DECEMBER 2007 FROM GAYLON HEINER AND KRISTI HEINER SIXTY (60) FOOT ACCESS AND UTILITY EASEMENT" (the "Kristi Heiner Easement and marked as Exhibit B for access to the Dick Heiner Property; and WHEREAS, Kristi Heiner has agreed to grant such easement for the purpose of providing ingress and egress to the Dick Heiner Property. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid to by each party to the other, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Easement. Kristi Heiner, being the owner of the Kristi Heiner Property, does hereby grant to Dick Heiner, their heirs, successors, assigns, invitees, employees, and others, a perpetual, permanent, and DICK HEINER KRISTI HEINER JOINT ACCESS EASEMENT AGREEMENT PAGE 2 OF 6 nonexclusive easement over and upon the Kristi Heiner Easement for the purpose of providing ingress, egress and utilities to the Dick Heiner Property (hereinafter the "Access Easement and 2. Restrictions on Use and Construction. The Access Easement shall be limited to ingress and egress and general access for pedestrians and /or vehicles to the Dick Heiner Property and/or the Kristi Heiner Property. The Parties hereby agree not to: (1) construct, erect, maintain or permit any permanent structure, installation, facility, or improvements of any kind or nature whatsoever on or above the surface of the Access Easement other than a constructed roadway /driveway and (2) interfere with the use of any easement hereafter granted on, under, above, or across the Access Easement or with any other use of the Access Easement, so long as such current or future easement does not materially interfere with each Party's rights hereunder. The cost and obligation for construction of a roadway over or upon the Access Easement shall be bore by the party who needs use of the Access Easement, unless otherwise agreed to by the parties, in writing. The Access Easement shall also serve as a Non Exclusive Underground Utility Easement for the installation and maintenance DICK HEINER KRISTI HEINER JOINT ACCESS EASEMENT AGREEMENT PAGE 3 OF 6 of service and utilities, including but not limited to electricity, telephone, water, sewer and fiber optic, to the Dick Heiner Property and the Kristi Heiner Property. 3. Term of Easement. The Access Easement shall continue in perpetuity. 4. Amendment. No amendment, revision, or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 5. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and is intended as a complete and exclusive statement of the terms of the Parties' agreement. 6. Binding. This Agreement shall be binding on the Parties hereto, their heirs, successors and permitted assigns and shall run with the land. 7. Joint Preparation. This Agreement is and shall be deemed and construed to be the joint and collective work product of the Dick Heiner and Kristi Heiner and, as such, this Agreement shall not be construed against either party, as the otherwise purported drafter of the Agreement, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, DICK HEINER KRISTI HEINER JOINT ACCESS EASEMENT AGREEMENT PAGE 4 OF 6 vagueness, or conflict, if any, in the terms or provisions contained herein. 8. Default. In the event of a default by either party under this Agreement, the non defaulting party shall be entitled to pursue all available remedies in law or in equity, including but not limited to specific performance and injunctive relief, and shall be entitled to recover all costs and expenses, including reasonable attorneys fees, incurred in such legal action. 9. Release of Homestead Exemption. Each of the Parties hereto hereby release and waive all rights by virtue of the homestead laws of the State of Wyoming. IN WITNESS WHEREOF, the Parties have entered into and executed this Joint Access Agreement effective the date and year first written above. DICK HEINER Dick R. Heiner Krlisti Heiner LA, vC Diana L. Heine Gwen R. Heiner Trust dated 3 December 2007 Dick R. Heiner, Trustee DICK HEINER KRISTI HEINER JOINT ACCESS EASEMENT AGREEMENT PAGE 5 OF 6 X034 STATE OF WYOMING SS COUNTY OF LINCOLN ACKNOWLEDGED, signed and sworn before me by Dick R. Heiner, in his individual and representative capacities and Diana L. Heiner, on this T day of tY?tl 2013. WITNESS my hand and official seal. 1 DEBORAH SCHWAr3 NOTARY PUBLIC County at '1 L State of Lincoln Wyoming My Commission Expires July 21, 2014 My commission expires: STATE OF WYOMING COUNTY OF LINCOLN WITNESS my hand and offici My commission expires: Notary Public 1 SS 11` do/ y ACKNOWLEDGED, signed and sworn Heiner, on this I day of .j) 2 2013. seal. before me by Kristi Notary Public DICK HEINER KRISTI HEINER JOINT ACCESS EASEMENT AGREEMENT PAGE 6 OF 6 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. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR DICK R. HEINER AND DIANA L. HEINER DICK HEINER TRACT- ADJUSTED To -wit: 1 A S01 53' -29 "E, 263.55 feet, to apoint; S00 13' -45 "E, 888.90 feet, to a point; S27 20' -37 "E, 113.03 feet, to a point; S18°-48'-17"E, 73.82 feet, to a position on the south line of said right -of -way line; thence S89 34' -46 "W, 100.09 feet, along said south line, to the C pyr That part of the NE'/4NE1/4 and that part of the NW1/4NE1/4 of Section 10, T33N R118W, Lincoln County, Wyoming, being all of that tract of record in the Office of the Clerk of Lincoln County in Book 789 of Photostatic Records on page 722, and that part of vacated Lot 105 and that part of vacated Open Space Lot 108 of Pine View Airpark Second Filing, a subdivision of record in said Office with Accession No. 950153, lying and being situate west of the west right -of -way line of Noble Lane within said NE1/4NE1/4, described as follows: BEGINNING at the northeast corner of said NW' /4NE1/4, identical with the northeast corner of said tract in Book 789; thence N89 39' -21 "E, 11.55 feet, along the north line of said NE'/4NE /4, to a point on the west right -of -way line of said Noble Lane; thence along said west right -of -way line as follows: said NE' /4NE1/4, and leave southwest corner thereof; thence continuing S89 34' -46 "W, 330.00 feet, along the south line of said NW1/4NE to the southwest point of said tract in Book 789; thence N00 01' -28 "E, 1323.69 feet, along the west line of said tract in Book 789, to the northwest point thereof on the north line of said NW1/4NE thence N89 39' -21 "E, 330.00 feet, along said north line, to the CORNER OF BEGINNING; ENCOMPASSING an area of 10.84 acres, more or less; the BASE BEARING for this survey is the west line of the NW1/4 of Section 10, T33N R118W, being S00 09' -37 "E; TOGETHER with a right of ingress, egress and utilities over, under and across the SW1/4NE1/4 of said Section 10, being a strip of land sixty (60) feet in width, with the west line described as follows: BEGINNING at the intersection of the west line of said SW' /4NE' /4 with the centerline of Bedford- Turnerville County Road No. 12 -123, N00 06' -39 "W, 679.51 feet, from the southwest corner of said SW1/4NE1/4; thence N00 06' -39 "W, 645.49 feet, along said west line, to the northwest corner of said S W' /4NE' /4; the east right -of -way line of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of sixty (60) feet to meet the north line of said SW1/4NE 1 /4 and the centerline of said County Road No. 12 -123; "Modification in any way of the foregoing description terminates liability of the surveyor" 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. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier. Idaho DESCRIPTION FOR DICK R. HEINER AND DIANA L. HEINER DICK HEINER TRACT- ADJUSTED PAGE TWO 00348 each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; 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 or 11810 with appropriate details; each "intersection" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 or 11810 with appropriate details; each "position" is a calculated position with no monument found or set; all in accordance with that plat of record in the Office of the Clerk of Lincoln County titled, "PINE VIEW AIRPARK THIRD FILING, A SUBDIVISION PART OF LOTS 105 AND OPEN SPACE LOT 108 OF PINE VIEW AIRPARK SECOND FILING WITHIN THE NE1/4 SECTION 1 a 118W LINCOLN COUNTY, WYOMING dated 24 October 2012, as rev's a' @�c� n No. 968097. 28 November 20 "Modification in any way of the foregoing description terminates liability of the surveyor" 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. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR RALPH S. HEINER TRUST, DATED 3 DECEMBER 2007 AND GWEN R. HEINER TRUST, DATED 3 DECEMBER 2007 FROM GAYLON HEINER AND KRISTI HEINER u 0 J '19 SIXTY (60) FOOT ACCESS AND UTILITY EASEMENT To -wit: A strip of land, sixty (60) feet in width, for ingress, egress and utilities over, under and across the SW1/4NE /4 of said Section 10, with the west line described as follows: BEGINNING at the intersection of the west line of said SW /4 with the centerline of Bedford- Turnerville County Road No. 12 -123, N00 06' -39 "W, 679.51 feet, from the southwest corner of said SW thence N00 06' -39 "W, 645.49 feet, along said west line, to the northwest corner of said S W 1 /4NE 1 /4; the east right -of -way line of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of sixty (60) feet to meet the north line of said SW1/4NE 1 /4 and the centerline of said County Road No. 12 -123; all in accordance with that plat of record in the Office of the Clerk of Lincoln County titled, "PINE VIEW AIRPARK THIRD FILING, A SUBDIVISION PART OF LOTS 105 AND OPEN SPACE LOT 108 OF PINE VIEW AIRPARK SECOND FILING WITHIN THE NE /4 SECTI dt(h, 118W LINCOLN COUNTY, WYOMING dated 24 October 2012, a' .(64. sion No. 968097. 28 November EXHIBIT 1 "Modification in any way of the foregoing description terminates liability of the surveyor"