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Home My WebLink About978565978565 9/26/2014 11:26 AM LINCOLN COUNTY FEES: $30.00 PAGE 1 OF BOOK: 840 PAGE: 311 EASEMENT JEANNE WAGNER LINCOLN COUNTY CLERK 111111111111111111111111111111 111111111111111111111111 ACCESS EASEMENT AND AGREEMENT This Agreement is made and entered into the t day of June, 2014 by Gerald Barstow and Janet Barstow, Trustees of The Barstow Family Trust Dated February 28, 2001( "Grantor and Trail Ridge Property Owners Association, a Wyoming non -profit corporation "HOA"). RECITALS Grantor is the owner of Lot 67 of Trail Ridge Subdivision, 2nd Filing, according to that plat filed in the office of the Lincoln County Clerk as Plat No. 225 -G. Grantee is the homeowner's association charged with the maintenance and repair of the common area and roads within the Trail Ridge Subdivision. Sometime in 2010 the Upper Ridge Road within Trail Ridge Subdivision partially collapsed. Despite several attempted repairs, the current roadway can not be repaired and used for vehicle access. Grantor's property abuts a portion of Upper Ridge Road and Grantor is willing to convey an access easement to HOA in order for owners to use the road for access, all on the terms and conditions set forth below. NOW, THEREFORE, for good and valuable consideration including payment of Six Thousand Dollars ($6,000.00), receipt and sufficiency of which is hereby acknowledged, it is hereby mutually agreed by and between the parties as follows: 1. Grant Of Access Easement. Grantor 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 either be attached hereto as Exhibit B, or if not available at the time of the filing of this document, shall be filed with the Lincoln County Clerk as set forth in paragraph 18 below. This easement shall include the right to construct, maintain, improve and repair the roadway. 2. Use Of Easement. The owners and their respective guests and invitees of the Trail. Ridge Subdivision and the Shadow Dancer Subdivision shall be entitled to use the access easement. 3. Construction And Maintenance of Easement. Grantee shall at its sole cost and expense construct, maintain, improve, replace, and repair the roadway with no right of contribution from Grantor. Additionally, Grantee shall be under a duty to construct and maintain the road in accordance with all Federal, State, and County regulations. 4. Repair And Reclamation Of Grantor's Property: 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 the easement, Grantee shall immediately repair such areas. 5. Costs and Expenses. Grantee shall pay all costs associated with the access easement including but not limited to survey, legal, materials, excavation, construction, mai tenance, improvement, replacement, repair, and snow removal. Additionally shall pay or reimburse as the case may be for Grantor's legal expenses for review and editing of this document. 6. Indemnification. Except to the extent caused by Grantor's negligence or willful misconduct, Grantee agrees to indemnify and hold harmless Grantor against any and all cost, liability, expense or cause of action resulting from the design, construction, or installation of Upper Ridge Road from Grantee's actions, or failure to act in performing its obligations as described herein, or from Grantee's failure or inability to procure all necessary State, or County permits and approvals for the road. Such indemnification shall include all reasonable costs and attorney's fees. 7. Term /Appurtenant. The term of this Agreement shall be perpetual unless terminated by the mutual agreement of the parties. 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 Grantee, the owners of Trail Ridge Subdivision and owners of Shadow Dancer Subdivision, 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 extraordinary remedies of specific performance and injunctive relief. In the event either party shall be required to bring an action to enforce its rights pursuant to this Agreement, the successful party in such controversy shall be entitled to recover, in addition to any and all other relief, all costs, including a reasonable sum for attorneys' fees, incurred. 9. Waiver. A waiver by either party regarding the breach of any of the provisions of this Agreement shall not bar the right of the parties to enforce the terms of this Agreement. 10. Amendment. The parties agree that this Agreement and the documents attached hereto (or as later filed as set forth in Paragraph 18 below) as reflect the entire agreement between the parties as to the subject matter hereof, and no amendment of such agreement shall be effective unless in writing and signed by both parties. 11. Notices. All notices, demands or other writing in this Agreement provided to be given, made or sent by either party to the other shall be in writing and shall be validly given or made only if personally delivered with a receipt obtained from the person receiving the notice, or sent by certified United States mail return receipt requested, or if sent by Federal Express or other similar delivery service keeping records of deliveries and attempted deliveries. Service shall be conclusively deemed made upon receipt if personally delivered or, if delivered by mail or delivery service, on the first business day delivery is attempted or upon receipt, whichever is sooner. The parties mailing addresses 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 shall be binding upon the parties hereto and their successors and assigns in the interest of the facilities set forth herein. In the event any portion of this Agreement shall be deemed P unenforceable for any reason, such determination 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 party agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions, and conditions 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 its conflict of laws principles. 15. Headings. The headings used in this Agreement are for convenience only and are not to be used in its construction. 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 constitute 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 records of Lincoln County Clerk in Kemmerer, Wyoming. 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 accordance with Wyoming Statute 34- 1- 141(c), the legal description will be recorded within one year from the date hereof. STATE OF day of June, 2014. 5o(/o p )0' Grantor: Dated this 23 cay of Sept erald Barstow Janet Barstow STATE OF WYOMING COUNTY OF LINCOLN Grantee: STATE OF WYOMING COUNTY OF LINCOLN OH 0 NOTARY PUBLIC COUNTY"OF p`' y.` a STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES FEBRUARY 10, 2018 The foregoing instrument was acknowledged before me this 23 day of September, 2014 by Gerald Barstow and Janet Barstow. WITNESS my hand and official seal Dated this 23 day of September, 2014 Witness my hand and official seal. Notary Public My Commission expires: 0\0019a% Trail Ridge Property Owners Association, a Wyoming non- profit corporation: Donald Hawkes, President N The foregoing instrument was acknowledged before me this 23 day of September, 2014, by Donald Hawkes as President of Trail Ridge Property Owners Association. BHORTON NOTARY PUBLIC COUNTY OF N`a STATE OF LINCOLN WYOMING MY COMMISSION EXPIRES FEBRUARY 10, 2018 Notary Public My Commission expires: 3 1 \O 0 10 30 SCALE: 1" 20 0 18' N 24' ONLY VICINITY MAP SITE DESCRIPTION numx FV, „�iuim vem0u re wNi w�� ea.! ear.. 1.3 357 yur• toiter006 ensmiter. PART OF LOT 67 2ND FILING OF TRAIL RIDGE SUBDIVISION BEING PART OF SECTION 10, T. 36 N., R. 119 W. 6th Principal Meridian LINCOLN COUNTY, WYOMING EA. OF OVAINas .sewn» LOT 70 TRAIL RIDGE SURVEYORS CERTIFICATE sTATE OF VnYgnns cawrr aP unwuN LI000 LEAV1 T OOE9 T S O T0 4 0 0 L V ONN V r PON SO011 BY TO C 2,.20 05 £U005 SOVSJMI0TMMPFASGMLLY RFSgOxsSLE .MHi3. 203 V.1 UvYEY IS...A ELY THEVILL RESER PROPOSED W.. OW ETNIOMFMSMCWI1 LOT 67 TRAIL RIDGE SURVEYORS NOTES LOT 71 TRAIL RIDGE 'ckz N y N G m LEGEND 4 rs. cr.., r 1 .LIwm.u0.v.rr.. :tmw ruwv.MF..F....r3 u u 1 HARPER-LEAVITT E'G G, INC. CIVIL AND STRUCTURAL ENGINEERING, MATERIALS TFSTING AND LAND SURVEYING 800 W. Judicial Street o Blackfoot, Idaho 83221 0 Office Phone: 208.785.2977 0 Fax: 208.785.2990 985 N. Capital Avenue 0 Idaho Falls, Idaho 83405 0 Office Phone: 208.524.0212 0 Fax: 208.524.0229 FOR: TRAIL RIDGE SUBDIVISION JOB NO: 13 -059 DATE: 07 -15 -2014 BY: KHL ROADWAY SLOPE EASEMENT Part of Lot 67 of Trail Ridge Subdivision 2 Filing, being part of Section 10, Township 36 North, Range 119 West of the 6 Principal Meridian in Lincoln County, Wyoming, described as: Beginning at a point on the east line of Shiras Drive on the westerly boundary of Lot 67 of said subdivision that is N 19 °58'59" E 101.98 feet from the NE corner of Lot 70 of said Trail Ridge Subdivision 2 Filing, said NE corner of Lot 70 being N 88 °04'33" E 314.27 feet from the NW corner of said Lot 70, which is the basis of bearing for this description and running thence S 37 °19'18" E 83.74 feet; thence S 16 °22'13" E 25.63 feet; thence 5 03 °05'48" E 37,61 feet; thence S 01 °59'59" W 55.75 feet to a point on said northerly Right -of -Way; thence along said northerly Right -pf -Way the following courses; thence N 18 °28'48" W 112.34 feet; thence N 16 °05'21" W 81.10 feet to the Point of beginning. Parcel contains 3,367 square feet or 0.08 acres more or less. 47_6