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Home My WebLink About978328978328 9/10/2014 10:15 AM LINCOLN COUNTY FEES: $45.00 PAGE 1 OF 12 BOOK: 839 PAGE: 337 EASEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK 1111111111 IIIIII IIIII 11111 IIIII IIIII IIIII IIIII IIIII IIII 11111111111111 FIRE SUPPRESSION EASEMENT AGREEMENT THIS FIRE SUPPRESSION EASEMENT AGREEMENT, hereafter the "Agreement effective this 6th day of September, 2014, is by and between KURT WIMBERG CONSTRUCTION, INC., a Wyoming Corporation, 2375 Apache Road, Jackson, Wyoming 83001, hereafter "Wimberg Construction the LAKE VIEW VILLAS CONDOMINIUMS, a Wyoming Condominium Development, P.O. Box 5361, Etna, Wyoming 83118, hereafter "Lake View and WJW HOLDINGS, LLLP, a North Dakota Limited Liability Limited Partnership, c/o P.O. Box 3309, Alpine, Wyoming 83128, hereafter "WJW together jointly referenced herein as the "Parties WHEREAS, Wimberg Construction is the owner of properties adjacent to the WJW Property to the west pursuant to Corrective Quitclaim Deeds that were recorded June 24, 2014 in Book 834 at Page 602 as Receiving No. 977147, and on June 24, 2014 in Book 834 at Page 603 as Receiving No. 977148, copies of which are attached hereto, hereafter "Wimberg Construction Properties and WHEREAS, Lake View is responsible for the management of the Common Elements of the Lake View Villas Condominiums, as shown on the plat map that was recorded in the land records of Lincoln County, Wyoming on May 2, 2007 as Receiving No. 928947, a copy of which is attached hereto, pursuant to the Lakeview Villas Condominiums Declaration of Condominium Ownership and Declaration of Restrictions, Covenants and Conditions that was recorded in the land records of Lincoln County, Wyoming on June 3, 2008 in Book 696 at Page 285 as Receiving No. 939481, as amended by the First Amendment thereto, that was recorded in the land records of Lincoln County, Wyoming on June 3, 2008 in Book 696 at Page 285 as Receiving No. 939481; and WHEREAS, WJW is the owner of that portion of "Airport Drive" described in the legal descriptions attached hereto titled, "DESCRIPTION FOR AIRPORT DRIVE ACCESS EASEMENT hereafter the "WJW Property" pursuant to the Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on July 24, 2006 in Book 627 at Page 195 as Receiving No. 920506; and FIRE SUPPRESSION EASEMENT AGREEMENT KURT WIMBERG CONSTRUCTION, INC. LAKE VIEW VILLAS CONDOMINIUMS WJW HOLDINGS, LLLP PAGE 1 OF 6 WHEREAS, Wimberg Construction, Lake View, and WJW have agreed that it will be mutually beneficial to grant an easement that will allow Wimberg Construction to have emergency use of the fire suppression facilities that are a part of the Common Elements of Lake View Villas Condominiums NOW, THEREFORE, Wimberg Construction, Lake View, and WJW, hereby agree as follows: 1. EASEMENT ESTABLISHED. Lake View and WJW, for themselves and their successors and assigns, hereby grant and convey a perpetual non exclusive easements from the fire suppression equipment within the Lake View Common Elements and running west in a generally straight line across the Lake View Common Elements area and across the WJW Property to the Wimberg Construction Properties for fire suppression in the event of a fire emergency on the Wimberg Construction Property. 2. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the mutual promises and agreements contained herein, and other valuable consideration, in hand paid, the receipt of which is hereby acknowledged, the Parties state and declare that consideration has been provided to each of them for this Agreement. Within thirty (30) days of Lincoln County, Wyoming's fmal plat approval for development of the Wimberg Construction Properties, Wimberg Construction shall pay additional consideration to Lake View in the amount of Fifteen Thousand Dollars ($15,000.00). 3. EASEMENT COVENANTS. The Parties, for themselves and their successors and assigns, hereby agree: a. Except for emergency responses, Wimberg Construction shall have no right to use of the easement provided herein. b. Wimberg Construction shall have no obligation for the maintenance or repair of Lake View's fire suppression equipment except as expressly provided herein. c. If Wimberg Construction uses the easement, Wimberg Construction shall be responsible for the repair or replacement of any fire suppression equipment that is damaged or destroyed as a result of Wimberg Construction's use of that fire suppression equipment. d. If Wimberg Construction uses the easement, Wimberg Construction shall be responsible for any damage to Lake View's Common Elements and the WJW Property arising from use of the easement. e. Lake View makes no warranty as to the operation of its fire suppression equipment or as to the suitability of such fire suppression equipment for suppressing fires on the Wimberg Construction Property. Wimberg Construction agrees to hold Lake View harmless from any and all liability for FIRE SUPPRESSION EASEMENT AGREEMENT KURT WIMBERG CONSTRUCTION, INC. LAKE VIEW VILLAS CONDOMINIUMS WJW HOLDINGS, LLLP PAGE 2 OF 6 personal injury or property damage that results from, arises out of, or may be attributed to the failure of the fire suppression equipment to suppress any fire on the Wimberg Construction Property unless such injury or damage is recklessly or intentionally caused by the action or inaction of Lake View. 4. EASEMENTS TO RUN WITH THE LAND. The easements created herein shall run with the lands identified herein, and shall be binding on and shall inure to the benefit of the Parties, and their respective 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 or their successors and assigns. 7. WAIVERS. The failure of the Parties to enforce the performance of the terms and conditions set forth herein, or their 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. S. WAIVER OF HOMESTEAD RIGHTS. The Parties, for themselves and their 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. 9. ATTORNEY'S FEES. The Parties agree that should any litigation be commenced between them concerning this Agreement, or the rights and/or duties of them in relation thereto, including any action to collect sums due hereunder, the party prevailing in such litigation shall be entitled to a reasonable sum for attorney's fees. 10. EFFECTIVE DATE OF EASEMENT. This Easement Agreement shall only become effective upon recordation in the land records of Lincoln County, Wyoming. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed. FIRE SUPPRESSION EASEMENT AGREEMENT KURT WIMBERG CONSTRUCTION, INC. LAKE VIEW VILLAS CONDOMINIUMS WJW HOLDINGS, LLLP PAGE 3 OF 6 WIMBERG CONSTRUCTION: STATE OF WYOMING SS. COUNTY OF TETON ACKNOWLEDGED before me on this, the u day of September, 2014, by KURT WIMBERG, PRESIDENT of KURT WIMBERG CONSTRUCTION, INC., a Wyoming corporation, pursuant to authority provided to him by said Corporation's Board of Directors. occay MARY I I i �i P. <.1 County of State of Lincoln Wyoming My Commission Expires September 27, 2015 My Commission expires: KURT WIMBERG CONSTRUCTION, INC., a Wyo g corporation FIRE SUPPRESSION EASEMENT AGREEMENT KURT WIMBERG CONSTRUCTION, INC. LAKE VIEW VILLAS CONDOMINIUMS WJW HOLDINGS, LLLP PAGE 4 OF 6 LAKE VIEW: LAKE VIEW VILLAS CONDOMINIUMS, a Wyoming Condominium Development '':lij k. PRE ENT BY: Ade LYNN I RGUSON, CE `RESIDENT STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the day of September, 2014, by STEPHEN P. BOBKO- HILLENAAR, PRESIDENT of LAKE VIEW VILLAS CONDOMINIUMS, a Wyoming Condominium Development, pursuant to authority provided to him by the Owners within said Condominium Development. County of State of Lincoln Wyoming. My Commission Expires Septemh^ s'_7, 2015 My Commission expires: U7i/S STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the L day of September, 2014, by LYNN D. FERGUSON, VICE PRESIDENT of LAKE VIEW VILLAS CONDOMINIUMS, a Wyoming Condominium Development, pursuant to authority provided to him by the Owners within said Condominium Development. WiliNVA County of Lincoln TAY PUBLIC a ka d t g Wyoming My Commission Expires September 27, 2015 eal. My Commission expires: 9 V 5 FIRE SUPPRESSION EASEMENT AGREEMENT KURT WJ BERG CONSTRUCTION, INC. LAKE VIEW VILLAS CONDOMINIUMS WJW HOLDINGS, LLLP PAGE 5 OF 6 WJW: WJW HOL INGS, LLLP, a North Dakota. Limited Liability Limited Partnership BY: STATE OF WYOMING SS. COUNTY OF LINCOLN rte.. WIL''I:JAM J. W1E ACKNOWLEDGED before me on this, the day of September, 2014, by WILLIAM J. WIEMANN, as General Partner of W HOLDINGS, LLLP, a North Dakota Limited Liability Limited Partnership, pursuant to authority provided to him in said Limited Liability Limited Partnership's Agreement. WITNESS my hand and official seal. MARY KIEI-INE NOTARY PUBLIC County of Cr) State of Lincoln VJyoming My Commission Expires September 27, 2015 GENERAL PARTNER My Commission expires: 7 FIRE SUPPRESSION EASEMENT AGREEMENT KURT WIMBERG CONSTRUCTION, INC. LAKE VIEW VILLAS CONDOMINIUMS WJW HOLDINGS, LLLP PAGE 6 OF 6 STATE OF WYOMING SS. COUNTY OF TM Y I WITNESS m hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: 0?! 16 /S 977 g q]•�1�7 6/24/2014 10:44 AM LINCOLN COUNTY FEES: $12.00 PAGE 1 OF 1 BOOK: 834 PAGE: 602 DEED, CORRECTIVE QUITCLAIM JEANNE WAGNER, LINCOLN COUNTY CLERK 1E111111 111111111111111111111111 CORRECTIVE QUITCLAIM DEED KNOW ALL PERSONS BY THESE PRESENTS, that KURT ALAN WIMI3ERG and MARTHA CHRISTINE DITMARS WIMBERG, TRUSTEES of The Wimberg Living Trust dated 21 March 2002, 2375 Apache Road, Jackson, Wyoming 83001, GRANTORS, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby remise, release, and forever quitclaim unto KURT WIMBERG CONSTRUCTION, INC„ a Wyoming corporation, 2375 Apache Road, Jackson, Wyoming 83001, GRANTEE, and its successors and assigns forever, all Such right, title, interest property, possession, claim, and demand as they may have or ought to have in and to all of the following described property, to wit: Lot 46 in Alpine Village Subdivision No. 1, Plat 2, Amended, Lincoln County, Wyoming, as described on the official plat thereof. Together with all buildings, improvements, and appurtenances situate thereon or in anywise appertaining thereto. Subject to any easements, reservations, restrictions, or rights -of -way of record, of sight, or in use. This Corrective Quitclaim Deed corrects the Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on May 19, 2014 in Book 832 at Page 704 as Receiving No. 976692. WITNESS my hand this 23( day of TN.aa 2014. T�JST�E WIMBERG, TRUSTEE of The Wimberg Living Trust dated 21 March 2002 th 0 RTHA CHRISTINE DITMARS WIMBERG, TRUSTEE of The Wimberg Living Trust dated 21 March 2002 Iflt/5 t Re- ACKNOWLEDGED before me on this, the 23rD day of J t4' 2014 by KURT ALAN WIMBERG and MARTHA CHRISTINE DITMARS WIMBERG, TRUSTEES of The Wimberg Living Trust dated 21 March 2002. 97711 6/24/2014 10 :45 AM LINCOLN LuuNrY FEES: $15.00 PAGE 1 OF 2 BOOK: 834 PAGE: 603 DEED, CORRECTIVE QUITCLAIM JEANNE WAGNER, LINCOLN COUNTY CLERK IIIIIIIIIIIIII IIII1IIIIIIIIIII IIIIlIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIjiii CORRECTIVE QUITCLAIM DEED KNOW ALL PERSONS BY THESE PRESENTS, that KURT ALAN WIMBERG and MARTHA CHRISTINE DITMARS WIMBERG, TRUSTEES of The Wimberg Living Trust dated 21 March 2002, 2375 Apache Road, Jackson, Wyoming 83001, GRANTORS, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby remise, release, and forever quitclaim unto KURT WIMBERG CONSTRUCTION, INC., a Wyoming corporation, 2375 Apache Road, Jackson, Wyoming 83001, GRANTEE, and its successors and assigns forever, all such right, title, interest property, possession, claim, and demand as they may have or ought to have in and to all of the following described property, to wit: That real property described in the legal description attached hereto as Exhibit "A'. Together with all buildings, improvements, and appurtenances situate thereon or in anywise appertaining thereto. Subject to any easements, reservations, restrictions, or rights -of -way of record, of sight, or in use. This Corrective Quitclaim Deed corrects the Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on May 16, 2014 in Book 832 at Page 599 as Receiving No. 976672. WITNESS my hand this 231 day of J tt 2014. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Empires: July 16, 2015 My Commission expires: of The Wimberg ='ving WITNESS my hand and official seal. MARTHA CHRISTINE DITMARS WIMBERG, TRUSTEE of The Wimberg Living Trust dated 21 March 2002 STATE OF WYOMING SS. COUNTY OF TTTO1 ACKNOWLEDGED before me on this, the 23fi day of J un a 2014 by KURT ALAN WIMBERG and MARTHA CHRISTINE DITMARS WIMBERG, TRUSTEES of The Wimberg Living Trust dated 21 March 2002. CR S 1F TRUSTEE t dated 21 March 2002 3 a i1 EXHIBIT 'A Tice omng et the Southeast comer oFLat 2, also Imasvo as the Center West 1/16 comer (its shown 00 Alpine Wage SabdivieonNo. Ina ZAmended o ,tnwcat 8559191) of Section 19, Township 37 North, Baogo 112 West, Sb dIPdacip'alfrleadiaq Wyondog; cod numb4glhynm 1429'3701'W 555.22 fat along the.1/16 Ldeto sfound 14 inch Iron tqd witha 1 10 ch guriduum cap marked TS; thmw N4 3239'W 101.62 feeds around T pipe no iamldnix thence 11897547'R' 109.76 fenwUcRight• of-Wayofa swans roe; tlicanN1'X 97?E386.97 fort to a found U mvtnwenr tlunce N57'31'S3Ti 270,13 feet to a lbuad:TFS.I .S. rnonumeni; theses N7'S6'05"W 368.85 fees to a point nu line betwe® found LbBN.S. monurneras; thmco 89'39'46"13495.79 feet to the West 11ao of said Alpine Village Subdivision No. 1 Plat 2 Amended 10.1r0o #359191 ssid'poon bring on lion between foundTelitlii6 and CW1 /15 oFaaid•Seetlon 19 as shovin oo said Subdoisjoa Ptak rbeoeo SO'0a'Ol E 1017.93 feet along said fund sobdivlsloo Los to the point ofbcgimdn8 UNSTABLE CURVETAVLE '1/4,, t P7 r.• er,reerre...•• Sr_az v-..k.Fycaz .0azsgay.4,,440.0117a2.4" r ase Per, .141,47,711.t l'Ara 47- et.V-.4 'Jr 07.7 rex ont 45' /.0.1,1r.rIV,01 .ewetttrav T37N R118W LINCOLN COUNTY, WYOMING SHEET 1 OF 2 •s• •PA" 2 k 7'4 7, ;:i4 44, '11< IT,r7 7 cc 7 T Tr 1 1 Lot 94 1.385Aa24 2_ 4 '7 st. q 1 .7k 771 I. ;•4,4 11 v A P 11 IL It rar: ne21ii2 LOCATION MAP T3TN RIMY \fr i LC k 3; 7, V--I f 20 '7,71 •a No: Seale 1 SSW 50 LEGEND :=S1V ef eil,"•?; V. i.41,-ctes “E-1Xstae ,atfan.. c tec,Cy f.:"=4::. L41 7Z ace fel w•art :a. ce.le••••• e neve .1ce •cc. 43 deer, a raroircl nvnrnon ■•0 ...045185 a rc‘.0 mk.m..att vvoi r-Ini of racceo In Ow 0204 48(5. 1044 218. torts ;TT CERTIFIC.47E OF OWNERS 5 12 0108300 ZOO 02 JeC•7_ Zre`,1`::::,7:17:1 """:,,r oral.'Y LAKFI VIEW VIL LAS CONDOMINIUMS AMENDED; '.4.200 0580(1824 FEF vggowgr Ea.paan Lana of 5,•; share f`A- ion UV "_211.- eer T.,... ,e.:••• qatp.f1.1.blis CERTIFICATE OF RECORDATION tAKI SURVEYOR: 17Z747."..ilr'" CERTIFICATE OP SURVEYOR STAT 2121 4(0(000 2100•42 su140112 p04%68(4d21 2.4.5 4.'..W';,•1114 cfj:. gi:41; 7;ztrz"' ttt■ 204 4.0. L,E.2 VIEW VILLAS CONDOM/MIMS AMENDED; Una ree. ata c•1 Chm V:4 .AgrIt.grt;=Ectl;Zlay "a"n" f 'Vt' V`° aat 'n...10 it ...my eta svpik-san, Laarae• one sn. raw. PLAT WARITINGS I. STATIIIVRYIEARMINGS I nelarigrge:al gry=rIZZ 2.1711;1=1::1::gner, 7. LAC X OFCOUNTYROADAIALINTIDIANCE: 3. AMOR: WIRT ZONE 2810 2(88 ysa erg., r.04 LACK OF SOLID 944311 SERVICE 21 01215 .42102005* genie. (.2 Yr.pal<1. OWNER: LAND USE TABLE 4 eaat .enee veer P.O., =7 UPNOVVE DATE RECEIVED SEZDOM.,,,se•ra RECEI.ND 575847 nom PACE, XAMIE WAGNER 1 112 C 1 4 COUNIVCLERKKOIMERER.WY VIEW VILLAS CONDOMINIUMS AMENDED IDENTICAL WITH LOT 94 ALPINE VILLAGE SUBDIVISION NO.1 PLAT 2 AMENDED 11TH FILING WITHIN GLO LOT 1 E1/2NW]/4 SECTION 19 A-I ,11. 8/2571' .J FLOOR PLAN SECITON A-I UNIT I .F5 '111* SECTION 13-1 FLOOR PLAN num,. SECTION A-6 nomm SECTION B-6 r A I2 f UNI• FLOOR PLAN UNIT2 SECTION A-2 113811 5 SECITON B-2 70 ...W. A-7 A-7 14 I IA FLOOR PLAN 11.AnGAR 5 HANGARS :717.,•:c.Y.: 1 A-9 A-3 SECTION A-7 I 211131 FLOOR PLAN Marl KA 1 1; 11 J= E 1 41 SECTION A-3 UNII1 SECTION B-3 "?••;:,Ti-ZZ: SECTION B-7 7 7. LIUM4 .4748 1 SECTION A-4 SECTION C-4 HANGAR 4 HAMAR j FLAHGAl28 IP II04G0037 SECTION A-8 HANGAR v HANC3027 SECTION 5,1 B-8 47 4 61 0 i. t ..141„,t FLOOR PLAN MIS .1 K421 .0,2z SECTION D-4 A-8 A A-9 1 1 1 MANCAR R55,Klelft 7 HANdm 6 I 4 FLOOR PLAN SECTION B-4 FLOOR PLAN turrout SECTION A-9 '5,1 HANGAR 1! SECTION B-9 Sz ,99:XISCI5041 440 .24407tES unruc 11E44 SECTION C-5 A-5 j 16 zj D r 5 I I 5 1 FLOOR PLAN 1.11.41 6 I M #44 EJ -5.5.'• SECTION A-5 SECTION .13-5 •••:17, It• 40 SECTION D-5 salze 30 LAKE VIEW VILLAS CONDOMINIUMS AMENDED IDENTICAL WITH LOT 94 ALPINE VILLAGE SU13.DIVISION NO.1 PLAT 2 AMENDED IITH FILING WITHIN GLO LOT 1 E1/2NW1/4 SECTION 19 T37N 12118W LINCOLN COUNTY, WYOMING SHEET 2 OF 2 Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No.3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWEA. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No.11010 Idaho Registration No. 13493 CFEOS No. 1223 Surveyor Scheibe!, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier. Idaho DESCRIPTION FOR AIRPORT DRIVE ACCESS EASEMENT To -wit: All of Airport Drive as depicted on Alpine Village Subdivision No. 1 Plat 2 Amended, of record in the Office of the Clerk of Lincoln County, Wyoming, with Accession No. 559191; EXCEPTING THEREFROM the cul -de -sac at the northerly terminus of said Airport Drive, as depicted on said Plat; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress an including taxiway access, over, under, and across the above described ACCE "Modification in any way of the foregoing description terminates liability of the Trust