Loading...
HomeMy WebLinkAbout973215RECEIVED 9/12/2013 at 10:46 AM RECEIVING 973215 BOOK: 820 PAGE: 165 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY UNDERGROUND UTILITY AND ACCESS EASEMENT AGREEMENT THIS UNDERGROUND UTILITY EASEMENT AGREEMENT effective this day of �+A 2013, by and between SHARON M. GILL, a single woman, P.O. Box 503, Jackson, W oming 83001, hereafter "Gill and ALPINE AIRPARK REFUGE, INC., a Wyoming corporation, 4235 Lake Creek Farm Road, Heber, Utah 84032, hereafter "Refuge WHEREAS, Gill owns Lot 7 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 Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on April 25, 1997 in Book 396PR at Page 510 as Instrument No. 836608, a copy of said deed being attached hereto and incorporated herein by reference, hereafter the "Gill 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, Gill has agreed to grant to Refuge a non exclusive underground utility easement running from Old Alpine County Road No. 12 -100 along the east thirty-three (33) feet of the Gill Property, which area of the Gill Property is within a portion of the right -of -way known as Larkspur Circle, for the benefit of the Refuge Property. NOW, THEREFORE, Gill and Refuge hereby agree as follows: 1. EASEMENT ESTABLISHED. Gill, for herself and her heirs and assigns, hereby grants and conveys a perpetual non exclusive underground utility easement for underground utilities and for ingress and egress across a portion of the Gill Property in favor of and for the benefit of the Refuge Property, said easement being more particularly described as follows: The east thirty -three feet (33') of the Gill Property, running north from Old Alpine County Road No. 12 -100, said easement being within a portion of the right -of- way known as Larkspur Circle. 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, Gill and Refuge declare that consideration has been provided to each of them for this Agreement. UNDERGROUND UTILITY AND ACCESS EASEMENT AGREEMENT GILL ALPINE AIRPARK REFUGE, INC. PAGE 1 OF 3 0 -.05 3. EASEMENT COVENANTS. The parties, for themselves and their heirs and /or successors and assigns, hereby agree: a. That utility installation, maintenance, repair, and replacement shall be done in a manner that minimizes any inconvenience to all who are authorized to use the area of the easement for ingress and egress. b. That any utility improvements or repairs made within the easement shall be at the sole expense of the party making the utility improvements or repairs unless otherwise agreed to in writing. c. That the party making any utility 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. 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. 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. GILL: REFUGE: ,6 2 SHARON M. GILL BRIAN ROWSER SECRETARY ALPINE AIRPARK REFUGE, INC., a Wyoming corporation UNDERGROUND UTILITY AND ACCESS EASEMENT AGREEMENT GILL ALPINE AIRPARK REFUGE, INC. PAGE 2 OF 3 6.66 STATE OF COUNTY OF "FeroNt waiNES-S4ny.-liansLag. B ALLO NOTARY PUIA IC (OMY OF STA FE OF UNCrAN MY COMMISSION EXPIRES: 03/0904 STATE OF WY4iN G COUNTY OF Li c-a Al M KEVIN VOYLES NOTARY PUBLIC County of c 1 State of Lincoln Wyoming My Commission Expires: July 16, 2015 SS. ACKNOWLEDGED before me on this, the (.3 day of Sharon M. Gill. 'al seal. My Commission expires: 31 1 20 t SS. WITNESS my hand and official seal. My Commission expires: oI I 6 /S -T 1 ..,4 NOTARY PUBLIC ACKNOWLEDGED before me on this, the 104 day of Se ffrirsi(o /y- 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. UNDERGROUND UTILITY AND ACCESS EASEMENT AGREEMENT GILL ALPINE AIRPARK REFUGE, INC. PAGE 3 OF 3 2013 by 0 6 7