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HomeMy WebLinkAbout972018RECEIVED 7/16/2013 at 9:34 AM RECEIVING 972018 BOOK: 815 PAGE: 708 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY UNDERGROUND WATERLINE AND ACCESS EASEMENT AGREEMENT THIS UNDERGROUND WATERLINE AND ACCESS EASEMENT AGREEMENT effective this 3 day of ')'v L'r 2013, by and between DAVID GIECK and ELIZABETH GIECK, husband and wife, as tenants by the entireties, P.O. Box 3845, Alpine, Wyoming 83128, hereafter "Gieck and ALPINE AIRPARK REFUGE, INC., a Wyoming corporation, 4235 Lake Creek Farm Road, Heber, Utah 84032, hereafter "Refuge WHEREAS, Gieck owns Lot 6 of the Lazy B Subdivision, Lincoln County, Wyoming, as said lots is shown on the plat recorded in the land records of Lincoln County, Wyoming on December 31, 1991 as Instrument No. 742138, pursuant to the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on October 7, 2004 in Book 569PR at Page 386 as Instrument No. 903495, a copy of said deed being attached hereto and incorporated herein by reference, hereafter the "Gieck Property"; and WHEREAS, Refuge owns property in Lincoln County, Wyoming that is described in Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on December 28, 2012 in Book 801 at Pages 471 through 472 -B as Receiving No. 968726, a copy of said deed being attached hereto and incorporated herein by reference, hereafter the "Refuge Property"; and WHEREAS, Gieck has agreed to grant to Refuge a non exclusive underground waterline easement running from Larkspur Circle along the east thirty -three (33) feet of the Gieck Property, which area of the Gieck Property is within a portion of an easement previously granted for ingress and egress, for the benefit of the Refuge Property. NOW, THEREFORE, Gieck and Refuge, for themselves and their heirs or successors and assigns, hereby agree as follows: 1. EASEMENT ESTABLISHED. Gieck hereby grants and conveys a perpetual non- exclusive underground waterline easement for an underground waterline, and hereby confirms the right of ingress and egress from Larkspur Lane to the Refuge Property, across a portion of the Gieck Property in favor of and for the benefit of the Refuge Property, subject to the covenants set forth below, said easement being more particularly described as follows: The east thirty -three feet (33') of the Gieck Property, running north from Buckrail Lane I Larkspur Circle, said easement being within an easement previously granted for ingress and egress. 2. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the mutual promises and agreements of the parties hereto, and other valuable consideration, in hand paid, the receipt of which is hereby acknowledged, Gieck and Refuge declare that consideration has been provided to each of them for this Agreement. UNDERGROUND WATERLINE AND ACCESS EASEMENT AGREEMENT GIECK ALPINE AIRPARK REFUGE, INC. PAGE 1 OF 4 3. EASEMENT COVENANTS. The parties, for themselves and their heirs and /or successors and assigns, hereby agree: ET /OZ /s papuawd a. That Refuge shall accomplish its waterline installations, operations, maintenance, repairs and replacements in a manner that minimizes inconvenience to all who are authorized to use the area of the easement for ingress and egress. b. That any installations, operations, maintenance, improvements or repairs made within the easement shall be at the sole expense of the party making such installations, operations, maintenance, improvements or repairs unless otherwise agreed to in writing. c. That the party making any underground installations, improvements or repairs within the easement shall restore the surface of the areas of the easement that are disturbed to as close as reasonably possible to the prior surface condition unless otherwise agreed to in writing. d. That ingress and egress in the easement shall be subject to the following provisions: i. Refuge shall be allowed to install, operate, maintain, repair and replace a walking jogging bicycling horse riding trail, but not a roadway, on the surface of the easement. ii. Ingress and egress within the easement shall routinely be accomplished by non motorized means, such as walking, jogging, bicycling or horse riding. iii. Refuge shall have the right to ingress and egress as needed, by motorized vehicles or otherwise, for the purposes of installing, operating, maintaining, repairing and replacing of the waterline and installing, operating, maintaining, repairing and replacing of the walking jogging bicycling/ horse riding trail. iv. Refuge shall not use the easement for regular vehicular or other motorized ingress and egress to and from the Refuge Property. 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 the parties to this Agreement, and their respective heirs and /or successors and assigns. 5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties 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 parties hereto or their heirs and /or successors and assigns. UNDERGROUND WATERLINE AND ACCESS EASEMENT AGREEMENT GIECK ALPINE AIRPARK REFUGE, INC. PAGE 2 OF 4 0709 7. WAIVERS. The failure of any party to this Agreement to enforce the performance of the terms and conditions set forth herein, or a 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. The parties, 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. IN WITNESS WHEREOF, each party to this Agreement has caused it to be signed. GIECK: REFUGE: STATE OF I/(Ap3,;.. SS. COUNTY OF WITNESS my hand and official seal. a ee..-Ow .0._ Michael C. Wierda Notary Public County of State of Lincoln Wyoming My Commission Expires October 62013 J My Commission expires: W. Z.013 MS' r'17rr ALPINE AIRPARK REFUGE, INC., a Wyoming corporation BRIAN ROWSER SECRETARY ACKNOWLEDGED before me on this, the td ay of a.,Lk 2013 by David Gieck and Elizabeth Gieck. NOTARY PUBLIC UNDERGROUND WATERLINE AND ACCESS EASEMENT AGREEMENT GIECK ALPINE AIRPARK REFUGE, INC. PAGE3OF4 0710 STATE OF Ld ra, COUNTY OF L �'•�e� ,r• SS. ACKNOWLEDGED before me on this, the t Li day of Ttit 2013, by Brian Rowser, as Secretary of Alpine Airpark Refuge, Inc. a Wyoming corporation, pursuant to authority provided to him by said Company's Board of Directors. WITNESS my hand and official seal. My Commission expires: `0 3 i -15 L MARCUS WEBER NOTARY PUBLIC COUNTY OF STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES AUGUST 31, 2015 UNDERGROUND WATERLINE AND ACCESS EASEMENT AGREEMENT GIECK/ ALPINE AIRPARK REFUGE, INC. PAGE 4 OF 4 0711 File Number: 31076(02) 9034 WHEN RECORDED RETURN TO: Name: David Elizabeth Gieck Address: P.O. Box 3845 Alpine, WY 83128 WARRANTY DEED (Corporate Form) WESTERN LAND HOMES, LLC, a Wyoming limited liability company, County of Teton, State of Wyoming, GRANTOR, CONVEY(S) AND WARRANT(S) to DAVID GIECK and ELIZABETH GIECK, husband and wife, as tenants by the entireties GRANTEE(S) whose address is P.O. Box 3845, Alpine, WY 83128, for the sum of Ten Dollars and other good and valuable consideration, the following described real estate, situate in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State, to -wit Lot 6 of Lazy. B Subdivision, Lincoln County, Wyoming, according to that plat recorded in the Office of the Lincoln County Clerk on December 13, 1991 as Instrument No. 742138. also known by street and number as: 12 Buekrail, Alpine, WY 83128 Subject to reservations and restrictions contained in the United States Patent and to easements and rights-of-way of record or in use. Together with all improvements and appurtenances thereon. WITNESS the hand of said, grantor this 4th day of October, 2004. WESTERN LAND HOMES, LLC By ->O✓1� ffel Jdni ont ry� �i,pg� wy wl 6'✓t Managing Member STATE OF Wyoming COUNTY OF Teton On this 4th day of October, A. D. 2004, before me personally appeared Jeffery Jon Dupont who being by me duly sworn, did say that he is the Managing Member of WESTERN LAND HOMES, LLC a Wyoming limited liability company and that said instrument was signed on behalf of said company, and acknowledged said instrument to be the free act and deed of said limited liability company. WITNESS MY HAND AND OFFICIAL SEAL. x.u)k Notary Public: Gloria K. Byers My commission expires 9 -15 -07 OLURIA K BYERS NOTARY PUBUO County of State of Unooln 1 Wyoming My Commission Expires Sept.15, 2007 Fie Number; 11076 Land Title Company Warranty Decd (Corporation) Page 1 of 1 tS box 1 2 N/' i d 01.'18 RECEIVED F i tt LINCOLN COUNTY CLE Ot OCT -7 Ali 10% 30 JEANNE WAGNER RER. CAtl!ZCi t. WARRANTY DEED RECEIVED 12/28/2012 at 11:02 AM RECEIVING 96$72 BOOK: 801 PAGE: 471 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY KNOW ALL PERSONS BY THESE PRESENTS, that FUNK HOLDINGS, LTD., an Alberta Business Corporation, 700, 540 5 Ave SW, Calgary, AB T2P 0M2 Canada, GRANTOR, for the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby CONVEYS AND WARRANTS to ALPINE AIRPARK REFUGE, INC., a Wyoming Corporation, 4235 Lake Creek Farm Road, Heber, Utah 84032, GRANTEE, and its successors and assigns, the following described tract of land in Lincoln County, State of Wyoming: That real property described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on June 11, 2012 in Book 787 at Pages 616 and 617 as Receiving No. 965026, a copy of which is 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. The officer who signs this deed hereby certifies that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the Board of Directors of Grantor at a lawful meeting duly held and attended by a quorum. IN WITNESS WHEREOF, Grantor as caused its corporate name to be hereunto affixed by its duly authorized officer this 24n, day of December, 2012. FUNK HOLDINGS, LTD., an Alberta Business Corporation BY: STEVEN C. FUNK, PRESIDENT WARRANTY DEED PUNIC HOLDINGS, LTD., ALPINE AWARE REFUGE, INC. PAGE 1 0P 2 00471 0713 STATE OF CALIFORNIA SS. COUNTYOF'OtZ .reviC/ ON 2.1 ✓Zbefore me, personally appeared sie (,hr (h.p f ek, (L_ who proved to me on the basis of satisfactory evidence to be the person »whose name('f subscribed t the within instrument and acknowledged e that 4ePshe /rh-he executed the same in lwrLtheir authorized capacity(0, and that by herftheirsignature7on the nstrument the person,or the entity upon behalf of which the perso cted, executed the instrument. I CERTIFY under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SIGNATURE: ANN IOEH ONEEN =i cOUIL 91074909 NO TYRIBUG.CarowM tm n Nin e'w0rw m,... KEN GREEN NOTARY PUBLIC WARRANTY DEED FUNK MOLDINGS, LTD., ALPINE =PARK REFUGE, INC. PAGE2OF2 004 0714 NTL60759 WhcaR.acotdod6La TO: Nwkliotdioas LTD 959Cuovekod Road Wes Vatteoow AB V7S 1Y9 RECEIVED 6111/2 at 4:03 PM RECEIVING# 865026 BOOK: 767 PAGE: MO JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WARRANTY DEED 17hratswetmak,BK'Alai&Capone. Gmmot(s) of Ddray Bach, Bala of arida hereby com' rAND w46RAM'ta Eltak Hot dtap LTD, anAlbuta Badness Cupondon Gnopx(e)of Wed Vancouver, Albuta Or the= of7FNmIXALS AND 01I166.0OGD AND VALUABLE CONSIDERATION, thefdlowing deunbedtru3tdfed Cut mooln County, nty, sttle of WjomiN7 666A1TACOLOCA Svhicceto eaomteatc,dedaradons ofcoiemnbcademviodmSCightc ofwcyof mord, codtswefottbe auv nyeuwdtx.eabr. The dams who iypt is deed baebyeetdfyt mid* MOO rresaoedtheabywax dab' authorized under cesobNoodolyxdoptedbythetbaiWh am') ot'cha6tCmu xtahwtul moedlog datyheld andattond 1byalu m In witaetxwwketeo4.64 6embothes coca to =potato man andfor sal b haeudo affaodby its duty madwatmd ofKtesthis Dry offine,2012 Stele *A Comtyo 1•* ByaamesDenor Onfum2d penoed(yappeuodWho macros Deno wlabeta* dulysvmm dictamylbd beto the 4:F c ibeafFovedmWb lea aF1 ICotponemmdmatdwaithin fon :solos mWOauatwas T,'!`ou *Gall mpmst abymiadyofasmimimofih board ofdhedom oe iu by-1 aver acdabo Quay ahwwled6ed to ma dud said wtpatadon exeoutad dm sums. 00616 00472 -A 071 Exhibit "A" 00472-6 Parcel I The N13I /4SBI /4, Section 19, Township)? North, Range 118 West Excepting and Reserving Therefrom the following described tract of land; That part of the N1/2SW 114 of Section 20 and the NBI /4S131 /4 of Section 19, Township 37 North, Range 118 West, 6112 P.M. Wyoming of record in the Office of the Clerk of Lincoln County, Wyoming in Book 91 of P.R., Page 489, bounded and described as follows: On the Best by the Westerly right-of-way line of State Highway 26; and on the South by the South lines of the said N1/2SW I/4 and N13I /4SB1 /4 on the West by a line in the saidNBl /4SBI /4 and parallel to the West line and 25 feetBasterly of said NBI 14SB114 and on the North by a line parallel to the South lines of said N112S W1/4 and NBI /4SB1/4 and so positioned that 40 acres is encompassed. Panel 50114 NBt /4 Sec. 19 T, 3714., Range 118 W., 6th P.M., Wyoming and that portion of the SW I/4 NWI /4, Section 20, T37N, 11.118W, More particularly described as fellows; Beginning at a. point that is South 0° id East a distance of 2,113.2 6 feet from the Northwest Corner of See. 20, T37 N, RI 18 West, running thence South 37° 00' East a Distance 0( 658.47 feet, running thence North 89° S0' West a distance of 394.75 feet to the Southwest Comer of the SWIM NW 1/4 of Sea. 20 aforesaid, running thence North 0° I0' West along the westerly boundary of said See. 20 aDistance of 527.76 feet to the POINT OF BBOrNNQBS. Together With; That certain easement for ingress and egress 2 rods in width as described in the Warranty Deed recorded October 6, 1970, Book 91 P3t., Page 486. 00617 0716