HomeMy WebLinkAbout973822PROPERTY AND EASEMENT AGREEMENT 0 G 5 3
This agreement, made the l day of September, 2013, by and between LON S.
NIELD, a married person, 750 Quail Hollow, Alpine, UT 84004, County of Utah, State of
Utah "NIELD the TOWN OF AFTON, A Wyoming Municipal Corporation (the
"TOWN and THE CONDOS AT VALLI -VU OWNERS as listed on the below referenced
plats, "CONDOS
RECITALS
A. The undersigned parties to this agreement are the owners of /or have an interest in
adjoining lands located in Lincoln County, State of Wyoming, consisting of four parcels; and
B. NIELD is the owner of Lots 53 and 54 as depicted on that plat titled "The Estates at
Valli —Vu 4 Filing an Addition to the Town of Afton in the NW1/4 Section 6 T31N R118W
Lincoln County, Wyoming with (hereinafter "The Estates Plat and
C. The TOWN is the owner of Lot 52 as depicted on "The Estates Plat;" and
D. The CONDOS are the owners of Building 1 and 2 Tract, the Pool Tract, and Building
4 Tract in the plat titled "The Condos at Valli -Vu Amended Buildings 1, 2 and 4 Within
NW1/4 Section 6 T31N R118W Lincoln County, Wyoming;" with receiving number 919175
(hereinafter "The Condos Plat and
E. The undersigned parties to this agreement desire to have access to each of their
properties, along with other beneficial uses of the surrounding properties, and to set forth
responsibilities regarding maintenance and improvements to the easements granted as set
forth below.
SECTION ONE
PROPERTY AGREEMENT
1. NIELD agrees to give to the TOWN a warranty deed to Lot 52 which includes Golf
Course Lane and Star Valley View Drive as depicted on the plat titled: "The Estates Plat."
2. NIELD hereby reserves an easement for ingress, egress, and underground utilities
across the herein described Lot 52 for the purpose of vehicular and utility access over and
across the Forty (40) foot access titled "Golf Course Lane" and "Star Valley View Drive" to
access NIELD's property on Lot 53 and Lot 54 as depicted on "The Estates Plat."
RECEIVED 10/23/2013 at 4:20 PM
RECEIVING 973822
Page 1 of 19 BOOK: 822 PAGE: 651
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
3. NIELD agrees that there shall be no parking of vehicles along the easement unless the
TOWN gives written approval.
4. NIELD hereby reserves an additional easement for the purpose of erecting a sign for
the promoting of any future business located on Lot 53. This easement shall be located near
the South Approach off of Highway 89 of Lot 52 and titled "Sign Easement" as depicted on
"The Estates Plat."
5. This Sign Easement shall be appurtenant to Lot 53 and shall run with the land.
6. NIELD agrees that the sign will conform to standards of the TOWN and shall be
responsible for the maintenance and upkeep of the sign. If the sign is a shared sign, NIELD
shall only be responsible for the portion of sign used by NIELD.
SECTION TWO
SHARED APPROACH FROM HIGHWAY 89
1. The undersigned parties hereby agree that the TOWN will apply for a highway
approach off of Highway 89 directly accessing Lot 52 on the South that all parties to this
agreement may use to access their property and or easements.
2. The initial costs of construction of the approach shall be shared equally between
NIELD and the TOWN.
SECTION THREE
CONDO ACCESS EASEMENT
1. The TOWN, their heirs, successors, and assigns, hereby grant and convey to the
CONDOS or their successors in interest to all units within "Building 1 and 2 Tract,"
"Building 4 Tract," and the "Pool Tract" as depicted on the plat titled: "The Condo Plat" an
easement for ingress, egress and underground utilities over, across, and under that Forty (40)
foot access on Lot 52 titled "Golf Course Lane" and "Star Valley View Drive" as depicted on
"The Estates Plat" for the purpose of vehicular traffic and underground utilities.
2. This easement shall be appurtenant to the owners of Condos and their successors in
interest within the "Building 1 and 2 Tract," "Building 4 Tract," and the "Pool Tract," as
depicted on the plats titled "The Condos Plat."
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3. The CONDOS agree that there shall be no parking of vehicles along the easement
unless the TOWN gives written approval.
SECTION FOUR
CONDO EASEMENT
1. The TOWN, their heirs, successors, and assigns, hereby grant and convey to the
CONDOS or their successors in interest to all units within "Building 1 and 2 Tract,"
"Building 4 Tract," and the "Pool Tract" as depicted on the plat titled: "The Condo Plat" an
easement for the purpose of reasonable use in the carrying on of the CONDOS business to
include but is not limited to: snow storage, parking, and the general enjoyment of the
easement as a picnic area. The easement hereby burdening the property described herein, and
being located near the South approach to Lot 52 off of Highway 89 and titled "Condo
Easement," as depicted on "The Estates Plat."
2. This easement shall be appurtenant to the owners of Condos and their successors in
interest within the "Building 1 and 2 Tract," "Building 4 Tract," and the "Pool Tract," as
depicted on the plats titled "The Condos Plat."
3. The CONDOS, and their successors in interest, shall be responsible to the maintenance
and upkeep of the grounds within this easement.
SECTION FIVE
CONDO SIGN EASEMENT
1. The TOWN, their heirs, successors, and assigns, hereby grant and convey to the
CONDOS or their successors in interest to all units within "Building 1 and 2 Tract,"
"Building 4 Tract," and the "Pool Tract" as depicted on the plats titled: "The Condo Plat" an
easement for the purpose of erecting and maintaining a sign to promote the business of the
CONDOS only. The easement hereby burdening the property described herein, and being
located near the South approach to Lot 52 off of Highway 89 and titled "Condo Sign
Easement," as depicted on "The Estates Plat."
2. This easement shall be appurtenant to the owners of Condos and their successors in
interest within the "Building 1 and 2 Tract," "Building 4 Tract," and the "Pool Tract," as
depicted on the plats titled The Condos Plat.
Page 3 of 19
3. The CONDOS, and their successors in interest, agree that this sign shall promote only 0 6 5 4
the CONDOS and shall conform to the standards of the TOWN and shall be responsible to
the maintenance and upkeep of the sign and the grounds within this easement.
SECTION SIX
MAINTENANCE
1. The undersigned parties agree that each shall be responsible for a portion of the
maintenance, upkeep, snow removal, improvements, repair, and replacement of certain
sections of the easements on Lot 52 titled "Golf Course Lane" and "Star Valley View Drive,"
as depicted on "The Estate Plat."
2. The undersigned parties agree that they will follow the recommendations of an
independent engineer or contractor in regards to the timing and scope of the work to be done
on the Easement.
3. NIELD, the TOWN, and the CONDOS agree that they shall all be responsible in equal
shares for the maintenance, upkeep, improvements, repair and replacement of the portion of
the easement titled "Golf Course Lane" from Highway 89 on the West along the forty (40)
foot access to the Northeast Corner of "Building 4 Tract" as depicted on "The Condo Plat."
Snow removal of this portion of the Easement shall be the sole responsibility of the
CONDOS and said lot 54 as depicted on "The Estates Plat."
4. NIELD and the TOWN agree that they shall be responsible in equal shares for the
maintenance, upkeep, improvements, repair and replacement of the portion of the easement
titled "Star Valley View Drive" from Johnny Miller Drive on the West along the forty (40)
foot access to the point where "Star Valley View Drive" meets "Golf Course Lane," as
depicted on "The Estates Plat." Snow removal of this portion of the Easement shall be the
sole responsibility of the TOWN (if needed).
5. The remaining portion of "Golf Course Lane," not listed above shall be the sole
responsibility of the TOWN for the maintenance, snow plowing (if needed), upkeep,
improvements, repair and replacement.
Page 4 of 19
SECTION SIX
RELINQUISHMENT AND USE OF PREVIOUS EASEMENTS
1. The CONDOS agree to relinquish the easement that they currently own over and
across Lot 53, in accordance with that Declaration of Covenants, Conditions and Restrictions
dated June 8 2006 of record in the Office of the Clerk of Lincoln County in Book 623 of
Photostatic Records on page 105, at the time that construction on lot 53 is completed or when
construction of "Golf Course Lane" and "Star Valley View Drive" is completed.
2. NIELD and the TOWN agree to vacate the previous agreement entered into between
the parties on May 17 2013.
SECTION FIVE
MISCELLANEOUS
1. The mutual promises and agreements of the undersigned parties shall serve as
sufficient consideration and payment under this agreement.
2. The parties, their heirs, successors and /or assigns, shall not use the easement or
obstruct the herein described easement in any way that will impair the rights of the other
parties, their heirs and assigns, in the enjoyment and use of the easement.
3. The common grant of easement shall run with the land and shall be binding on and
shall inure to the benefit of the parties of this agreement, their respective heirs, successors,
and /or assigns.
4. Each of the undersigned parties agrees to indemnify and hold the others harmless from
and against any and all liability for personal injury or property damage, when such injury or
damage is a result from, or arises out of, or is attributable to any use, maintenance or repair
undertaken by one party.
5. The parties expressly understand and agree, as a consequence of entering into this
agreement for themselves, their successors and assigns, and on behalf of all tenants, guests of
tenants, agents, employees, and business and /or residential invitees, that no party to this
agreement shall have any liability to any other party or any other person or party for any
damage or injury in connection with the shared facilities located on any land other than the
one owned by the respective party as a consequence of entering into this agreement or any of
the actions taken in performance of this agreement. Each party will hold the other owners
Page 5 of 19
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harmless from any and all liabilities or costs incurred in connection with the easements and 0 6 5 6
the facilities subject to this agreement, such as utility pipes or lines.
6. In absence of a written agreement between the parties, usage of the shared facilities
and of the easements, rights, and licenses that are established under this agreement shall be in
accordance with such reasonable usage as is normal and customary for residential and /or
commercial projects of the type now owned or to be constructed and operated by the parties.
7. If one party should breach one or more terms or provisions of the Agreement and it
becomes necessary for the other party to hire an attorney or to institute a court proceeding to
enforce one or more of the terms of provisions of the Agreement, the prevailing party shall
be entitled to collect all reasonable costs and expenses of suit, including, but not limited to,
reasonable attorney's fees.
8. With respect to the property owned by it, each party agrees to indemnify and hold the
others harmless from all claims of every kind, of every person, including without limitation,
employees of the indemnifying party, contractors, tenants of the indemnifying party, and
subtenants or concessionaires of any tenants, and employees, guests and business invitees of
any tenants, subtenants or concessionaires, which claims arise from or out of the
construction, use, occupancy, or possession of the property owned by the indemnifying party.
9. It is agreed that this agreement shall be governed by, construed and enforced in
accordance with the laws of the State of Wyoming.
10. This agreement shall constitute 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 upon either party except to the extent incorporated in this agreement.
11. Any modification of this agreement or additional obligation assumed by any party in
connection with this agreement, shall be binding only if evidenced in writing, signed by each
party, or by an authorized representative of each party.
12. The failure of any party to this agreement to insist upon the performance of any of
the terms and conditions of this agreement or the waiver or of any breach of any of the terms
and conditions of this agreement, shall not be construed as thereafter waiving any such terms
and conditions, but the same shall continue and remain in full force and effect, as if no
forbearance or waiver had occurred.
Page 6 of 19
13. The undersigned parties, being grantors, hereby waive and release any and all rights
to the described easement under and by virtue of the homestead exemption laws of the State
of Wyoming.
IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on
the date indicated below.
DATED this f D day of September, 2013.
TOWN OF AFTON
L'ni illyard Mayor
Attest:
Hokanson Town Clerk
STATE OF
JI I S S.
COUNTY OF f& �Z y ti ol,'
My Commission Expires:
4.„.:6 9 p 1
Page 7 of 19
LON S. NIELD
The foregoing instrument was subscribed, sworn, and acknowledged before me by Lon S.
Nield, dated this ID day of ,s. 2013.
WITNESS my hand and official seal.
LISA HOKANSON NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires August 16, 2017
0057
THE CONDOS AT VALLI -VT i OWNERS ASSOCIATION
The foregoing instrument was subscribed, sworn, and acknowledged before me by
William S. llokan.son, dated this I ay of 2013.
WITNESS my hand and official seal
i\ y Commission Expires:
DT_ s
WILLIAM S. HOKANSO1`
NOTARY PUBLIC
Page 8 of 19
NOTARY PUBLIC
DAVID s. TURNER 1
Commission No. BMWS 1
Commission Expires
SEPTEMBER 20, 2015
STATE OF UTAH
0058
STATE OF WYOM T NG
COUNTY OF SUBLETTE
SS.
The foregoing was acknowledged before nie by Scott A. Scherbel, who personally
appeared and was personally known to me, and after being dully sworn and upon his oath,
represented that he was the Vice President of GPS, INC., that the instrument was signed on
behalf of GPS, INC. by the authority of the Board of Directors of GPS, INC., and that he
executed the foregoing instrument on behalf of GPS, INC., and that this instrument was the free
act and deed of GPS, INC., this 26th day of September 2013.
G INESS my }land and official seal.
SUSAN Y. HOFFMAN NOTARY PUBLIQ
COUNTY OF STATE
SUBLETUE t tl WOW
My Commission Expires Dec. 3215
My commission expires: 3 DPcPmher_2()15
NOTARY PUBLIC
Page 9 of 1
S,
By Scott. A. Scherbel, Vice President
STATE OF
SS.
COUNTY OF
The foregoing instrument was subscribed, sworn, and acknowledged before
me by Andrew Hokanson, dated this St" day of Oc+6b r 2013.
WITNESS my hand and official seal.
ARY PUBLIC
My Commission Expires: 9,
Pagr 10 of 19
ANDREW HOKANSON
�1�0�f
a JEANNA D. WRIDE
�7
o NOTARY PUBLIC. STATE OFUTAH
oi ;Y�a COMMISSION# 612561
=�`B� COMM. EXP. 0949.2015
STATE OF Li
J S S.
COUNTY OF L.r nor) i v\
and Kelli Hoopes, dated this 7.0 of
WITNESS my hand and official seal,
My Commission Expires:
JAMIE DECORA NO T,' rY PUBLIC
County of 1, State of
r Wyoming
Lincoln Y 9
My Commission Expires June 27, 201j
Page 11 of 19
1 c
BLAKE HOOPES
f
KELLI HOOPES
2013.
-14
The foregoing instrument was subscribed, sworn, and acknowledged before me by Blake
G rvut o I
N•AIARY PUBLIC
1
STATE OF
COUNTY OF
The foregoing instrument was subscribed, sworn, and acknowledged before me by Dee
W. Call, dated this day of
SS.
WITNESS my hand and official seal.
My Commission Expires: ,td /X 2 2 9 '-U17.
Page 12 of 19
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DEE W. CALL
2013.
LAYNA J. HADERLIE NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires: January 22, 2017
STATE OF O'W 'u
r SS.
COUNTY OF Cpl V
WITNESS my hand and official seal.
My Commission Expires:
I O ^7
Pane 13 of 19
MA W. TAYLOR
MA W. TAYLOR
0 -7 7i, a/L
PATTY M. AYLOR
The foregoing instrument was subscribed, sworn, and acknowledged before me by Mark
W. and Patty M. Taylor, dated this n day of V ,20i3
NOTARY PUBLIC
AMANDA E. WELCH NOTARY PUBLIC
COUNTY OF y' +1; STATE OF
LINCOLN WYOMING
MY COMMISSION EXPIRES ID rc) 2
STATE OF
COUNTY OF U o
JAMIE DECORA NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
MYOZZLIIIMiiStinliTAVillOae 27, 2011
SS.
WITNESS my hand and official seal.
AL T R. HADERLIE
VALARIE J. H I:" orf
The foregoing instrument was subscribed, sworn, and acknowledged before me by Alan
R. Haderlie and Valarie J. Haderlie, dated this 19" of y 2013.
Page 14 of 19
(NC
NO RY PUBLIC
0664
STATE OF y Va 'rm
SS.
COUNTY OF be tru4Av --e
WITNESS my hand and official seal.
My Commission Expires: -�a
Pane 13 of 19
WILLIAM SCR NER
The foregoing instrument was subscribed, sworn, and acknowledged before me by
William Scribner, dated this 7/ day of 5,e1i eA4 b-e✓- 2013.
OTARY PUBLIC
06sj
STATE OF AttanSGLS
SS.
COUNTY OF Pjc
WITNESS my hand and official seal
My Commission Expires:
"arc h
Pa..c4e 16 of 19
The foregoing instrument was subscribed. sworn, and acknowledged before me by Lance
Allred, dated this 64.day of _C2e*If 2013.
IVig
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NOTARY PL 1 4 1i4 2 10, 7
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STATE OF
SS.
COUNTY OF L444,7
Nhh` T STEP ENGINEERING
DESIGN AND CONSTRUCTION, LLC,
By Leslie IsaftriW, President
Afore iNsQ,
Moreinouse
The foregoing was acknowledged before me by Leslie M�rh^ who personally
appeared and was personally known to me, and after being dully sworn and upon her oath,
represented that she was the President of NEXT STEP ENGINEERING DESIGN AND
CONSTRUCTION, LLC, that the instrument was signed on behalf of NEXT STEP
ENGINEERING DESIGN AND CONSTRUCTION, LLC, by the authority of the Board of
Directors of NEXT STEP ENGINEERING DESIGN AND CONSTRUCTION, LLC, and that
she executed the foregoing instrument on behalf of NEXT STEP ENGINEERING DESIGN
AND CONSTRUCTION, LLC, and that this instrument was the free act and deed of NEXT
STEP ENGINEERING DESIGN AND CONSTRUCTION, LLC, this day of
2013.
WITNESS my hand and official seal.
My commission expires: J o f �ij 71 22, z0/7
NOTAR �'UBLtYC
Page 17 of 19
r
LAYNA J. HADERLIE NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires: January 22, 2017
The foregoing instrument was subscribed, sworn, and acknowledged before me by Van
and Susan Hale, dated this 59 b day of gapk iu,_. 2013.
WITNESS my hand and official seal.
My Commission Expires:
SS.
22, Z0 /7.
Page IS of 19
A/4a
VAN L. HALE
SUSAN B. HALE 7.
LAYNA J. HADERLIE NOTARY PUBLIC
County of
Lincoln
State of
Wyoming
My Commission Expires: January 22, 2017
06
8
STATE OF W
COUNTY OF
WITNESS my hand and official seal.
My Commission Expires:
SS.
2.2, t7
Page 19 of 19
The foregoing instrument was subscribed, sworn, and acknowledged before me by Eli
and Camille Hale, dated this /A day of 44 2013.
LAYNA J. HADERLIE NOTARY PUBLIC
County of State of
Lincoln Wyoming
My Commission Expires: January 22, 2017
0669
THE CONDOS AT VALLI -VU OWNERS ASSOCIA ON
STATE OF /i/i,,r-
COUNTY OF ,h, /V W/
The foregoing instrument was subscribed, sworn, and acknowledged before me by Terri
Lynn Call, dated this /7/ of 2013.
WITNESS my hand and official_seah.
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z, Saundra I Merritt Notary ■ubi e
Y►. County of m Etelx R;
I Lincoln A <'SCS% Wyoming
1' My Commiseton Expires --8 C'/
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NOTARY PUB` f C
Page 20 of 19
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