HomeMy WebLinkAbout975061RIGHT OF WAY EASEMENT AGREEMENT
This Right Of Way Easement Agreement "Agreement is effective this 21St day
of January, 2014 by and between James N. Vargason and Tamera Vargason, P.O. Box
1598, Thayne, Wyoming "Vargasons and Tajer Development, LLC, a Utah limited
liability company of P.O. Box 3686, Logan, Utah, "Tajer
WHEREAS, the Vargasons are the owners of real property described more fully
on Exhibit A, attached hereto and made a part hereof by reference "Vargason
Property
WHEREAS, Tajer Development is the owner of real property described more
fully on Exhibit B, attached hereto and made a part hereof by reference "Tajer
Property
WHEREAS, a portion of the Vargason Property is burdened by that certain
Right -Of -Way Easement, recorded with the Lincoln County Clerk's Office on February
4, 1981 in Book 172 of Photostatic Records, at Pages 604 and 605, as Document No.
552481 "Existing Easement
WHEREAS, the Existing Easement benefits the Tajer Property; and
WHEREAS, the Vargasons and Tajer desire to relocate the Existing Easement
within the Vargason Property in accordance with the terms and conditions set forth in
this Agreement.
NOW THEREFORE, in and for the mutual promises and consideration set forth
in this Agreement, the Vargasons and Tajer agree and covenant as follows:
1. Grant of Easement. The Vargasons hereby grant and convey to Tajer a
non exclusive Right Of Way Easement "New Easement over and across the real
property described within Exhibit C and as depicted on Map 273 -B, recorded with the
Lincoln County, Wyoming clerk on May 25, 2011 as Document 959408. The non-
exclusive New Easement is appurtenant to and for the benefit of the Tajer Property for
ingress- egress and underground gas, electric, telephone, and fiber optics utilities. The
New Easement shall run with the land. All underground utilities shall be located on
the north /east side of the existing roadway within the New Easement. Tajer shall be
solely responsible for the costs of installing maintaining, and repairing said utilities.
Tajer shall be solely responsible for reclaiming to its existing natural condition any land
disturbances caused by Tajer or its agents in installing, maintaining or repairing any
underground utilities it installs within the New Easement. Tajor shall also be
responsible, at its sole costs, for repairing any damage to the roadway located in the
New Easement caused by Tajer installing, maintaining or repairing said underground
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utilities. Tajer shall be solely responsible at its sole cost for obtaining all necessary local,
state and federal permits, licenses and approvals for said underground utilities.
2. Construction of Roadway Within the New Easement. The parties agree
and acknowledge that a roadway currently exists within the New Easement. In the
event the existing road, for whatever reason should be reconstructed in the future, it
shall be reconstructed generally in the location of the now existing roadway. It is
further agreed that the width of any roadway now in existence or in the future
constructed within the New Easement shall nowhere be any wider than 20 feet. Tajer
agrees that it has inspected the roadway existing in the New Easement and confirms
that, as presently constructed, Tajer accepts the roadway as fit and acceptable for Tajer's
intended purposes.
3. Roadway Maintenance. Subject to the provisions set forth herein, the
Vargasons and Tajer shall each have the right to use, maintain and repair the road
within the New Easement. Notwithstanding any other provision herein to the contrary,
if the owner of the Vargason Property or the owner of Tajer Property, or their respective
guests and invitees, cause material harm to the roadway within the New Easement, the
party who caused such damage, or whose guest or invitee caused said damage, shall be
solely responsible for repairing such damage, within thirty (30) days from date the
damage was first discovered or as seasonal weather conditions permit, at such party's
sole expense. For purposes of this paragraph, the damage shall be repaired to the
extent necessary to bring the roadway back to its pre- damaged condition.
4. Cattle Guards, Gates, Fences and Landscaping. The Vargasons reserve the
right to place up to two cattle guards or gates within the New Easement, at their cost,
over, under and across any road placed therein, and Tajer hereby consents to the
placement of such cattle guards or gates within the New Easement and acknowledges
that such cattle guards or gates shall not constitute an unreasonable interference with
Tajer's use of the New Easement. Additionally, the Vargasons and Tajer agree and
covenant that either the Vargasons or Tajer may place a fence along their common
property boundary line, within the New Easement, so long as access on the roadway
located within the New Easement is not restricted by the fencing. A fence along the
common property boundary line would connect to a gate or a cattle guard crossing the
roadway within the New Easement. The purpose of such fence is to restrict the
movement of cattle and other livestock across the parties' common property line within
the New Easement. The parties hereto agree that this particular location is the main
entrance to Tajer's property and any placement of a cattle guard shall strictly be a "flush
installed in- ground" system that meets the aforementioned "purpose" and
EASEMENT AGREEMENT
Page 2 of 6
accommodates fences, abutting on both sides of the cattle guard without limiting Tajer's
intent to construct a decorative entry way feature of their choice. The Vargasons further
reserve the right to landscape property on the west side of the existing roadway within
the New Easement, at their cost; which landscaping shall consist of planting trees and
natural vegetation. The Vargasons shall also be permitted to landscape property on the
east side of the existing roadway within the New Easement, at their cost, which
landscaping shall consist of planting native vegetation. The Vargasons shall not
conduct any earthworks within the New Easement without Tajer's prior written
consent. All trees planted within the New Easement must be located no less than 3 feet
from the edge of the roadway located within in the New Easement and in no event shall
any landscaping, existing or new, now or in the future, prohibit Tajer's ingress and
egress with auto and truck vehicles; recreational and equestrian trailers; and farm and
construction equipment.
5. Mechanic Liens on the Vargason Property. Tajer shall prevent the creation
of any lien against the Vargason Property on account of any labor or materials
furnished by or through Tajer in connection with any construction, maintenance,
repairs or alterations within the New Easement by Tajer or at Tajer's direction "Tajer
Lien If a Tajer Lien is filed against the Vargason Property, Tajer shall cause such lien
to be released within 30 days after the Vargasons receipt of actual notice of the filing
thereof, including furnishing a bond or other security as required by Wyo. Stat. 29 -1-
310 to discharge and release the lien against the Vargason Property. If Tajer fails to
remove a Tajer Lien on the Vargason Property in accordance with this paragraph, then
the Vargasons shall have the right, after providing written notice to Tajer, to take all
steps reasonably necessary to have the lien removed and Tajer shall indemnify the
Vargasons for all actual hard costs and expenses reasonably incurred by the Vargasons
in having the Tajer Lien removed from the Vargason Property, including reasonable
attorneys' fees actually incurred by the Vargasons in having the lien removed.
6. Indemnity. Tajer and Vargasons hereby mutually agree to save, defend,
indemnify and hold harmless each other from and against any loss, claim or liability
incurred that arises out of or are attributable to the use by Tajer and Varagason and or
their invited contractors or guests of the New Easement.
7. Termination of Existing Easement. Tajer hereby forever terminates and
vacates all rights it has in and pursuant to the Existing Easement of record more fully
described on page 1 of this Agreement.
EASEMENT AGREEMENT
Page 3 of 6
8. No Public Dedication. Nothing herein shall be deemed to be a gift or
dedication of all or any portion of the New Easement for the general public, or for any
public use or purpose whatsoever.
9. Successors and Assigns. The terms and conditions set forth in this
Agreement are binding and shall inure to the benefit of the parties heirs, assigns and
successors in interest.
10. Governing Law and Jurisdiction. This Agreement shall be governed by
Wyoming law. The District Court of Lincoln, Wyoming, shall have exclusive
jurisdiction over any litigation that arises pursuant to this Agreement.
[REMAINDER OF PAGE IS INTENTIONALLY BLANK]
EASEMENT AGREEMENT
Page 4 of 6
Dated this ZZ "6 day of
STATE OF W mtN 1 G�
J ss.
COUNTY OF
The foregoing instrument was acknowledged before me by James Neil Vargason
and Tamera Vargason, who are personally known tq me or has established their identity
and authority to me by reasonable proof, this 22 l� day of ,l
,.7-014
Witness my hand and official seal.
My Commission Expires: .1 t z_015
GRANTORS:
ames N. Vargason
s
C14 'Y
Tamera Vargason
No ry Public
EASEMENT AGREEMENT
Page 5 of 6
/vb
DELLA LEBLANC NOTARY PUBLIC
COUNTY OF ;5 i STATE OF
TETON WYOMING
My Commission Expires November 16, 2015
STATE OF U
COUNTY OF
Witness my hand and official seal.
My Commission Expires:
s
NOTARY PUBLIC
RANDY BRACKEN BERGER
665819
COMMISSION EXPIRES
MAY 8,2017
STATE OF UTAH
GRANTEE:
Tajer Development LLC,
a Utah limited liability company
By:
Its•
/l'4A'1'6,s/Nbr #J1,ElH1�._
t1eewp,J
The foregoing instrument was acknowledged before me by 'ILA 4,/1q.,.,. as
v.4". of Tajer Development, LLC, a Utah limited liability
company this Cr day of 3 201*
Notary Public
EASEMENT AGREEMENT
Page 6 of 6
Exhibit A
legal Description
00509
Parcel 1
That part of that of record in Book 123PR on page 257 of the records in the Office of the Lincoln
County
Clerk, within the Northeast Quarter of the Northwest Quarter of Section 12, Township 33 North
Range 119
West, Lincoln County, Wyoming, described as follows
Beginning at a marker on the Westerly right of way line of U S Highway 89, South 54 °27'34" East,
1912 70
feet, from the Northwest comer of said Section 12, thence coursing the Southerly and Westerly
boundary of
said tract as follows North 64 39'02" West, 1515, along a dog line of said right of way line, to the
Southwest
point of said tract, North 08 °46'49" East, 421 10 feet, to a cap, North 81 °21'37" West, 40 07 feet, to
a cap,
North 12 °09'24" West, 207 71 feet, to a cap, North 00 °31'33" West, 261 58 feet, to a cap, North
00 °28'28"
West, 55 00 feet, to a point and leave said boundary, thence North 90 °00'00" East, 483 73 feet, to a
point on
said Westerly right, thence South 25 °17'31" West, 1048 83 feet, along said right of way and said
Easterly line,
to the marker of beginning
Parcel 2
That part of the Southwest Quarter of Section 1 and that part of the Northwest Quarter of Section
12,
Township 33 North, Range 119 West, Lincoln County, Wyoming, described as follows
Beginning at the Southwest comer of said Section 1, thence North 01 °27'30" East, 1318 96 feet,
along the West
line of said Section 1, to the
Northwest corner of the Southwest Quarter Southwest Quarter of said Section 1, thence South
88 °54'56" East,
1327 39 feet, along the North line of said Southwest Quarter Southwest Quarter, to the Northeast
corner
thereof, thence continuing South 88 °54'56" East, 1320 62 feet, along the North line of the
Southeast Quarter
Southwest Quarter of said Section 1, to a point on the Westerly right -of -way line of U S Highway
89, thence
South 25 °17'31" West, 1327 26 feet, along said right -of -way line, to the Northeast point of that tract
of record
in the Office of the Clerk of Lincoln County in Book 123 of Photostatic Records on page 257,
thence continuing
South 25 °17'31" West, 256 50 feet, along said right -of -way line, identical, in part, with the Easterly
line of said
tract to a point, thence South 90 °00'00" West, 483 73 feet, to a point on the Westerly boundary of
said tract,
thence coursing the Westerly boundary of said tract as follows South 00 °28'28" East, 55 00 feet,
to a cap,
South 00 31'33" East, 261 58 feet, to a cap, South 12 09'24" East, 207 17 feet, to a cap,
South 81 °21'37" East, 40 07 feet, to a cap, South 08 °46'49" West, 421 10 feet, to a point on a jog
line of said
right -of -way line and leave
EXHIBIT
1
00510
said boundary, thence North 64 39'02" West, 25 00 feet, along said jog line, to a position, thence
South
2598'13" West, 572 15 feet, along said right -of -way line, to the Northeast position of that tract of
record in
said Office in Book 387 of Photostatic Records on page 510, as shown on Plat No 161A, thence
coursing the
North and West lines of said tract as follows North 89 °01'55" West, 919 30 feet, to the Northwest
point of said
tract, South 00154'07" West, 466 53 feet, along the West line of said tract, to the Northwest point
of that tract
of record in said Office in gook 387 of Photostatic Records on page 517, and leave said tract,
thence continuing
South 00 °54'07" West, 589 47 feet, along the West line of said tract on page 517, to the southwest
point thereof
on the South line of said Northwest Quarter, thence North 89 °01'55" West, 383 65 feet, along said
South line,
to the Southwest corner of said Northwest Quarter, thence North 00 °57'03" East, 2646 07 feet,
along the West
line of said Northwest Quarter, to the Corner of Beginning
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DESCRIPTION FOR
BOYD NIELD, !!;T AL.
TRACT 2
To- wit:
000518
That part of the S :NW% and that part of the N %SW' of Section 1, T33N RI I9W,
Lincoln County, Wyoming, being part of that tract of record in thc Office of thc Clerk of
Lincoln County in Book 607 of Photostatic Record on page 444, described as follows;
BEGINNING at the northwest comer of said N'' :S W' /4;
thence N01 27' -09 "E, 659.44 feet, along the west line of said S :NW%, to the northwest
comer of the S %,SW'.NW1/4 of said Section 1;
thence S88 54' -07 "E, 1321.53 feet, along the north line of said S %,SW %NW %4, to the
northeast corner thereof;
thence S01 17' -12 "W, 60.00 feet, along the cast lint of said S %:SW'/4NW %4, to a point;
thence continuing, S0l 17' -12 "W, 26.5 feet, morc or Icss, to the centerline of an existing
oxbow channel;
thence coursing said centerline as follows:
S57 16' -37 "W, 72.2 feet, more or less, to a position;
S75 32' -58 "W, 96.0 feet, more or less, to a position;
S36°- 05' -10 "W, 247.9 feel, more or less, to a position;
S18°-39'-48"W, 62.5 feet, more or less, to a position on the thread of the main channel
of the Salt River;
thence coursing said thread as follows:
S78 00' -40 "E, 49.2 feet, morc or less, to a position;
S31°-22'-35"E, 207.2 feet, morc or less, to a position;
S02 47' -20 "E, 166.6 feet, more or less, to a position;
S03 20' -18 "E, 1 10.7 feet, more or less, to aposition;
S05 48' -09 "W, 227.5 feet, more or less, to a position;
S08 39' -42 "W, 150.4 feet, more or less, to a position;
S3 °-10'-17"E, 63.8 feet, more or less, to a position, and leave said thread
S01 17' -12 "W, 60.0 feet, along a line parallel with the cast line of the NW44SW1/4 of
said Section I, to a point;
thence continuing S01°-17'.12"W, 612.58 feet, to a point on thc south litre of said
N :SW%;
thence N88 54' -56 "W, 1192.97 feet, along said south line, to the southwest corner
thereof;
thence N01 27' -30 "E, 1318.96 feet, along the west line of said NY,SW1/4, to the
CORNER OF BEGINNING;
'Modification in any way of the foregoing description terminates liability of the surveyor"
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DESCRIPTION FOR
BOYD NIELD, ET AL,
TRACT
PAGE TWO
0 00 51 9
it is intended that the actual thread of the Salt River as it moves with changes caused by
accretion and erosion of the river he the actual boundary of thc tract for that part of thc
above described tract referenced as coursing the thread of the river; the above calls along
the thread of the Salt River are an approximation of that bank for the purposes of
determining the approximate acreage of the above described tract;
it is the intent of this description that the culled -for monuments, and not the existing fence
lines, control the location of the property Tines;
ENCOMPASSING an area of 53.2 acres, more or less;
TOGETHER with the right of ingress and egress as described in that easement of record in
said Office in Book 172 of Photostatic Records on page 604.
TOGETHER with the right of ingress, egress and utilities, over, under and across a strip of
land sixty (60) feet in width with the northerly and easterly lines described as follows:
BEGINNING at the northwest corner of the S1/4SE%.NW1/4 of said Scction 1;
thence S88 54' -07 "E, 1110.60 feet, along the north line of said SYSF.' /.NW%., to a point
on the westerly right -of -way line of U.S. Highway 89, being the beginning of a non-
tangent circular curve to the right, whose radius bears S55 -57' -I 1 "W;
thence southeasterly 437.07 feet, along the arc of said curve, through a central angle of
12 30' -26" with a radius of 2002.20 feet, and a chord bearing S27 47' -36 "E, 436.20
feet, to a point on the east line of said S1/4SE1/4NW1/4, and leave said right -of -way line;
thence S01 06' -54 "W, 91.40 feet, along said east line, to a point;
thence N71°-47'-20"E, 33.40 feet, to a point on said right -of -way line;
the southerly and southwesterly lines of the above described easement to be shortened or
lengthened as necessary to create a continuous casement with a minimum width of sixty
(60) feet to meet thc westerly right -of -way line of U.S. Highway 89 and the west line of
said S %2SE %NW
RESERVING unto Grantor an easement tcn (10) feet in width for pedestrian and
equestrian purposes over and across the north ten (10) feet of the above described Tract 2
the BASE BEARING for this survey is the west line of the SW% of Section 1, T33N
R 119 W, being N01
each "corner" found as described in a comer record on file in said Office;
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" and appropriate
details;
each "position" is a calculated position with no monument found or set;
all in accordance with the plat prepared to be Tiled in said Office titled: "PLAT OF
rotator* -b TRACTS FOR BOYD NIELD, ET Wfl'HIN THE NW' /.SE% S %2NW1/4 NVSW%.
NBA SOWN„ SECTION 1 TJr3N RI19W LWCOJJ Ulm WYOMING", dated 31 July 2007, as
'ED: 20 December jBO
/9 December 2007
`Modification in any Nay of the foregoing de h ptio rminates liability of the surveyor'
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DESCRIPTION FOR
STAR 6 RANCH TRUST, DATED 1 MAY 2007
ACCESS EASEMENT
To -wit:
A strip of land of variable width over and across part of that tract of Record in the Office
of the Clerk of Lincoln County in Book 679 of Photostatic Records on page 238, within the
S 1 /2SW 1 /4 of Section 1, T33N R119W, Lincoln County, Wyoming, described as follows:
BEGINNING at a point on the westerly right -of -way line of U.S. Highway 89, 525 -17'-
31 "W, 1276.00 feet, from a marker at Sta. 1229+38.2;
thence S25 49.59 feet, along said right -of -way line, to a bathey;
thence N64 40' -5g "W, 221.47 feet, to a point;
thence N60 23' -53 "W, 603.45 feet, to a point;
thence N43 34'-47 W, 106.38 feet, to a point;
thence N57 35' -17 "W, 232.65 feet, to a point;
thence N42 30' -06 "W, 181.81 feet, to a point at the beginning of a circular curve to the
tight;
thence northerly, 138.95 feet, along the arc of said curve, through a central angle of
69 18'21 with a radius of 114.88 feet, and a chord bearing N07 50'56 "W, 130,64 feet,
to a point of reverse curvature;
thence northerly, 66.55 feet, along the arc of said curve, through a central angle of
61°38'35", with a radius of 61.86 feet, and a chord bearing N04 01'03 "W, 63.39 feet, to a
point;
thence N34 50' -20 "W, 113.98 feet, to a point;
thence N29 35' -04 "W, 82.59 feet, to a point;
thence N21 160.40 feet, to a point on the north line of said tract in Book 679;
thence S88 54' -56 "E, 71.68 feet, along said north line, to a point;
thence S21 52' -00 "E, 127.99 feet, to a point;
thence S29 35' -04 "E, 75.11 feet, to a point;
thence S34 50' -20"E, 110.95 feet, to a point at the beginning of a circular curve to the
right;
thence southerly, 137.56 feet, along the arc of said curve, through a central angle of
61 38'35 with a radius of 127.86 feet, and a chord bearing SO4 01'03 "B, 131.02 feet, to
a point of reverse curvature;
thence southerly, 59.12 feet, along the arc of said curve, through a central angle of
69 with a radius of 48.88 feet, and a chord bearing S07 50'56 "E, 55.58 feet, to a
point;
thence S42 30'-06 "E, 173.07 feet, to a point;
thence S57 35'-17"E, 232.02 feet, to a point;
"Modification in any way of the foregoing description terminates liability of the s
1 EXHIBIT
I
1
DESCRIPTION FOR
STAR 6 RANCH TRUST, DATED 1 MAY 2007
ACCESS EASEMENT
PAGE TWO
ay 2011 -REVIS
6 February 2009
thence S43 34' -47 "E, 104.74 feet, to a point;
thence S60 23' -53 "E, 810.81 feet, to the POINT OF BEGINNING;
the BASE BEARING for this survey is the west line of the SW1 /4 of Section 1, T33N
R119W, being N01°-27'-30"E;
RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of
ingress, egress and utilities over, under and across the above described Access Easement;
each 'bathey" marked by a steel T- shaped stake 24" long with a metal cap inscribed,
"SURVEY POINT DO NOT DISTURB RLS 482";
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 with appropriate
details;
each "marker" marked by a 6" x 6" concrete post with brass
HIGHWAY DEPT. R_O.W. MARKER with appropriate details;
all in accordance with the plat prepared to be filed in the Office
County titled, "STAR 6 RANCH TRUST, DATED 1 MAY 2007
WITHIN THE S1 /2SW1/4 SECTION 1 T33N R119W
WYOMING dated 10 June 2008, as revised,
cap inscribed: "STATE
of the Clerk of Lincoln
PLAT OF EASEMENT
LINCOLN COUNTY,
'Modification in any way of the foregoing description terminates liability of the surveyor