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HomeMy WebLinkAbout975241PARTY WALL AGREEMENT Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the properties and placed on the line between the twinhome shall constitute a party wall, and, to the extent not inconsistent with the provisions of the Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. w J 0 U w z •w a-�O N ry ii;)- (.9 z o N Q 0 (n U r N W �p l Z Section 3. Destruction by Fire and other Casualty. If a party wall is t4 w destroyed or damaged by fire or other casualty, any owner who has used the wal o 0 may restore it, and if the other owners thereafter make use of the wall, they shaI o Y z contribute to the cost of restoration thereto in proportion to such use without N z W prejudice, however, to the right of any such owners to call for a larger contribution from the others under any law regarding liability for negligent or willful acts or omissions. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the all in proportion to such use. Section 4. Weatherproofing. Notwithstanding any other provisions of this section, an owner who, by his negligent or willful act causes the party wall to be exposed to the elements, shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. Right to Contribution Runs with Land. The right of any owner to contribution from any other owner under this section shall be appurtenant to the land and shall pass to such owners successors in title. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this section, each party shall choose one arbitrator and these two shall chose a third, and the decision shall be by a majority of all of the arbitrators. u_ 0 .1 Q Y a 3 In WITNESS WHEREOF the undersigned, being the Declarant herein, has caused this instrument to be executed this day of November, 2013. STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me by RUTH PERZICHILLI ap€1449NATHA-N-IM440FF this •=c:Q day of November 2013. WITNESS my hand and official seal. My commission expires: a "at JILL H. LAFiI.-.I01' I F'L/BLC.:', County of Stato of Wyo!iIng t, My Commi':,:i E: ,p rt; 0:: 20, W 91 ontou,", RUTH PERZICHILLI 157A ALPINE DRIVE, ALPINE, WY 157B ALPINE DRIVE, ALPINE, WY NOTARY PUBLIC In WITNESS WHEREOF the undersigned, being the Declarant herein, has caused this instrument to be executed this 27 day of (L 2,0 4- 4- Minnesota STATE OFW WN COUNTY OF MEM Ramsey WITNESS my hand and official seal. My commission expires: 0 i 13i I9 RUTH PERZICHILLI 157A ALPINE DRIVE, ALPINE, WY a A 47 fiiliil t144. i I ALFREi,,. I EO DIRECT PIHOFF PROPERTIES, LLC 157B ALPINE DRIVE, ALPINE, WY The foregoing instrument was acknowledged before me by Alfred G. Imhoff, Director of Imhoff Properties ,LLC this ,2 4 day of January, 2014 NOTARY PUBLIC YANSEN HADIWIKARSA NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 01/31/17 199615 EXHIBIT "A" All that certain land situated in the State of Wyoming, County of Lincoln, City of Alpine, described as follows: Unit A and LCA "A including any and all common areas identified as "A" as shown on the Final Plat of the Lost Elk Townhouse Addition to the Town of Alpine, within the Town of Alpine, identified on the Plat Number 191 -C, Instrument No. 883208, recorded in the official records of the Lincoln County Clerk for and in the County of Lincoln, State of Wyoming.