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HomeMy WebLinkAbout977268LL 0 J ACCESS EASEMENT AND AG EMENT This Agreement is made and entered into the oq day of June, 2014 by Gerald Barstow and Janet Barstow, Trustees of The B stow Family Trust Dated February 28, 2001( "Grantor and Trail Ridge Prope ty Owners Association, a Wyoming non -profit corporation "HOA RECITALS W a W Grantor is the owner of Lot 67 of Trail Rid Subdivision, 2nd Filing, d according to that plat filed in the office of the Lincoln County Clerk as Plat No. w 225 -G. Grantee is the homeowner's association char ed with the maintenance o W o and repair of the common area and roads within the T ail Ridge Subdivision. N Q z W J i i M 0 S in 2010 the Upper Ridge Road wit Trail Ridge Subdivision on M z partially collapsed. Despite several attempted repairs the current roadway can j a z not be repaired and used for vehicle access. Z o a Grantor's p roperty abuts portion of Upper e Road and Grantor is J W P PP er d g 0 o z j willing to convey an access easement to HOA in or. er for owners to use the z g W road for access, all on the terms and conditions set for below. NOW, THEREFORE, for good and valuabl° consideration including payment of Six Thousand Dollars ($6,000.00), receipt ind sufficiency of which is hereby acknowledged, it is hereby mutually agreed by and between the parties as follows: 1. Grant Of Access Easement. Granto° hereby grants and conveys to Grantee a non exclusive easement approximately 16' by 100' feet in width in an area directly east of the collapse on Grantor's property depicted on the attached Exhibit A. A legal description shall eit er be attached hereto as Exhibit B, or if not available at the time of the filing f this document, ;shall be filed with the Lincoln County Clerk as set forth in aragraph 18 below. This easement shall include the right to construct, mainta improve and repair the roadway. 2. Use Of Easement. The owners and th it respective guests and invitees of the Trail Ridge Subdivision and the Shado Dancer Subdivision shall 3. Construction And Maintenance of Easem-nt. Grantee shall at its sole cost and expense construct, maintain, improv: replace, and repair the roadway with no right of contribution from Grantor. dditionally, Grantee shall be under a duty to construct and maintain the ro d in accordance with all Federal, State, and County regulations. 4. Repair And Reclamation Of Grantor's Pr 0 qty: Grantee shall take special care to minimize damage to Grantor's Lot 67 during road construction and shall promptly repair and reclaim that portion of Lot 67 outside the finished roadway area to the condition that existed prior to the roadway construction on Grantor's property. During the life of the easement, should there be erosion or wear and tear of the area around th4 easement, Grantee shall immediately repair such areas. be entitled to use the access easement. 5. Costs and Expenses. Grante shall pay all costs associated with the access easement including but n t limited to survey, legal, materials, excavation, construction, maintenance, i provement, replacement, repair, and snow removal. Additionally Grantor sha pay or reimburse as the case may be for Grantor's legal expenses for re iew and editing of this document. 6. Indemnification. Except to the exte caused by Grantor's negligence or willful misconduct, Grantee agrees to indemnify and hold harmless Grantor against any and all cost, liability, expense o cause of action resulting from the design, construction, or installation of pper Ridge Road from Grantee's actions, or failure to act in performing it obligations as described herein, or from Grantee's failure or inability to proc re all necessary State, or County permits and approvals for the road. Such in emnification shall include all reasonable costs and attorney's fees. 7. Term /Appurtenant. The term of this Ag eement shall be perpetual unless terminated by the mutual agreement of the partI ies. The easement shall be appurtenant to that Common Area of Grantee as reflected on the Trail Ridge Subdivision plats, and shall be for the benefit of Gr II ntee, the owners of Trail Ridge Subdivision and owners of Shadow Dancer Subaivision, and binding upon the HOA its successors and assigns. 8. Enforcement. This Agreement may be enforced by either party by an action at law or in equity, specifically including specific performance and injunctive relief. In the e required to bring an action to enforce its rights pursu successful party in such controversy shall be entitled any and all other relief, all costs, including a reasonab incurred. 9. Waiver. A waiver by either party re of the provisions of this Agreement shall not bar t enforce the terms of this Agreement. 10. Amendment. The parties agree th documents attached hereto (or as later filed as set for as reflect the entire agreement between the parties hereof, and no amendment of such agreement shall b and signed by both parties. 11. Notices. All notices, demands o Agreement provided to be given, made or sent by eit be in writing and shall be validly given or made only i a receipt obtained from the person receiving the n United States mail return receipt requested, or if sent similar delivery service keeping records of deliveries Service shall be conclusively deemed made upon rec or, if delivered by mail or delivery service, on the fir attempted or upon receipt, whichever is sooner. Th are as follows: Grantor: Grantee: 1107 Barcelona Drive San Diego, CA 92107 jerrybarstow @gmail.com P. 0. Box 3246 Alpine, WY 83128 clarkhawkes @aol.com 12. Binding Severability. This Agreement parties hereto and their successors and assigns in the forth herein. In the event any portion of this Ag xtraordinary remedies of gent either party shall be nit to this Agreement, the to recover, in addition to e sum for attorneys' fees, garding the breach of any e right of the parties to i t this Agreement and the h in Paragraph 18 below) as to the subject matter effective unless in writing other writing in this er party to the other shall personally delivered with tice, or sent by certified Federal Express or other and attempted deliveries. pt if personally delivered t business day delivery is parties mailing addresses hall be binding upon the terest of the facilities set eement shall be deemed unenforceable for any reason, such determinati n shall not affect the enforceability of any of the remainder of the provisions of this Agreement, which shall remain in full force and effect. 13. Additional Document and Acts. Each p ty agrees to execute and deliver such additional documents and instrumen and to perform such additional acts as may be necessary or appropriate tci effectuate, carry out and perform all of the terms, provisions, and conditions I of this agreement and the transactions contemplated hereby. 14. Governing Law. This Agreement shall be construed according to the laws of the state of Wyoming, without regard to it conflict of laws principles. 15. Headings. The headings used in his Agreement are for convenience only and are not to be used in its constru ion. records of Lincoln County Clerk in Kemmerer, Wyo OR: Date 16. Waiver. The failure of one of the parties to insist upon the strict performance of any provision of this Agreement or to exercise any right, power, or remedy upon a breach thereof shall not constitut a waiver of that or any other provision of this Agreement or limit that party's right thereafter to enforce any provision or exercise any right. 17. Recordation. This document shall be recorded in the public g. 18. dal Description. In the event a legal description has not been prepared at the time of the recording of this instrument, the parties agree that an easement is conveyed nevertheless, and in accordan e with Wyoming Statute 34 1 141(c), the legal description will be recorded wi n one year from the date hereof. this day of June, X014. STATE OF Jan B. rstow 60dote)17 P°8 pk, it! GRANTOR: ...(,,k_ Dated this J day o e, •014. cry >.Z4' STATE OF CA' J. net B r tow COUNTY OF 5*t D VC j o ,..gi�pp�� The foregoing instrument was acknowledged b fore me this A` t day of June, 2014 by Janet Barstow. WITNESS my hand and official seal. acatabradadi OFFICIAL SEAL r MIR ALI NOTARY PUBLIC- CALIFORNIAg COMM. NO. 1997896 SAN DIEGO COUNTY MY COMM. EXP. NOV. 12.2016 GRANTEE: STATE OF WYOMING COUNTY OF LLaco /,i t; ON WALKER NOTARY PUBLIC TV OF NIN,93., STATE of r, tom' i JUNE 1.4, 201.6 Dated this a-© day of June, 014. The foregoing instrument was acknowledged b fore me this day of June, 2014 by Donald Hawkes as President of T ail Ridge Property Owners Association. WITNESS my hand and official seal. Donald Hawkes, President Notary Public My Co i i ssion expires: C t'�j Trail dge Property Owners Associ tion, a Wyoming non -pr fit corporation: Notary Public My Co mission expires: (_1'_alab