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HomeMy WebLinkAbout978989DRIVEWAY ACCESS EASEMENT THIS DRIVEWAY ACCESS EASEMENT "Agreement by and between the Stoor Family Trust, By Sharleen Stoor, Trustees, PO Box 322 Soda Springs, Idaho 83276 "Grantor" and Lynn Stringham and Victoria DeCora PO Box 3743 Alpine, Wyoming 83128 "Grantee RECITALS: WHEREAS, Grantor is the owner of the real property located in Lincoln County, Wyoming described as follows: Lot 311 of Lakeview Estates Incorporated Tracts A -F Subdivision, Lincoln County, Wyoming (the "Burdened Property WHEREAS, Grantee is the owner of the real property located in Lincoln County, Wyoming described as follows: Lot 312 of Lakeview Estates Incorporated Tracts A -F Sibdivision, Lincoln County, Wyoming (the "Benefited Property WHEREAS, Grantor desires to grant to Grantee a driveway access easement over a portion of the Burdened property described as follows: Beginning at the Southeast corner of Said Lot 311 thence S 76 °03'06 "W 25.0 ft. along the South Line of said Lot 311, thence running N 26 °12'53" E 39.25 ft. to the East line of said Lot 311, thence running S 13 °20'32" E 30.0 ft. along said East Line to the Point of beginning (the "Easement NOW THEREFORE, in consideration for the mutual covenants and agreements contained herein, together with other good and valuable consideration, the receipt, adequacy and sufficiency of which is hereby acknowledged by the parties, Grantor and Grantee hereby agree as follows: 1. Grantor grants and conveys to Grantee and Grantee hereby accepts the above described Easement across the Burdened Property for the benefit of the Benefited Property. 2. The Easement shall be perpetual so long as it is used for driveway purposes for the benefit of the Benefited Property and shall run with the land and be appurtenant to the Benefited Property. 3. The Owners of the Benefited Property shall be solely responsible for all costs of installation, maintenance and repair of the travel surface in the Easement as well as all snow removal in the Easement. 4. The Owners of the Benefited Property may not impede the Easement or interfere with the use of the Easement by the Benefited Property for its intended purpose of providing vehicle and pedestrian access between Stoor Drive and the Benefited Property. 5. The Benefited Property shall prevent the creation of any lien against any portion of the Burdened Property on account of any labor or materials furnished by or through the Benefited Property in connection with any construction, maintenance, repairs or alterations in the Easement. If any such lien is filed against the Burdened Property, the owners of the Benefited Property shall cause such lien to be released within 30 days after receipt of actual notice of the filing thereof, including furnishing a bond or other security as required by Wyoming law to discharge and release the lien against the Burdened Property. The Owners of the Benefited Property shall, at its expense, defend the Owners of the Burdened Property and pay all costs (including attorney's fees) reasonably incurred by the Owners of the Burdened Property relating to any such lien filing against the Burdened Property. 6. The parties each shall be entitled to enforce this Agreement by specific performance, by injunction or restraint to prevent a violation or attempted violation of this Agreement, or by bringing an action for damages, or any of them, without the necessity of making an election. The prevailing party shall 978989 10/24/2014 8:58 AM Page 1 of 3 LINCOLN COUNTY FEES: 18.00 PAGE 1 OF 3 BOOK: 842 PAGE: 76 EASEMENT JEANNE WAGNER LINCOLN COUNTY CLERK 11111111 III II IIII 11111 01 11111 1101 1111111 III I I III 11111111 be entitled to recover from the other party such sums as the court may adjudge reasonable as attorney's fees and costs, in addition to all other relief provided by law or in equity. 7. This Agreement contains the final and entire agreement between the parties hereto as to the subject matter hereof. Any subsequent amendment to this Agreement shall be valid only if executed in writing by the parties hereto, their successors or assigns. Moreover, compliance with any condition or covenant set forth herein may not be waived, except by a writing duly and validly executed by the party waiving compliance. No delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party hereto of any such right, power or privilege, nor any single or partial exercise of any such right, power or privilege preclude any further exercise thereof or the exercise of any other such right, power or privilege. 8. In the event that any part of this Agreement is declared by any court or other judicial or administrative body to be null, void or unenforceable, said provision shall survive to the extent it is not so declared, and all of the other provisions of this Agreement shall remain in full force and effect. 9. The rights, conditions and provisions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon the Parties hereto and their respective heirs, executors, administrators, successors and assigns and shall be perpetual. IN WITNESS WHEREOF, the parties have made and executed this Agreement as of the day and year first above written. Grantor Stoor Family Trust (seal) /Le By: Sharleen Stoor, Successor Trustee COUNTY OFCaP.bo ss STATE OF I c( The foregoing instrument was acknowledged before me by Sharleen Store, who are personally known to me, in her capacity as Trustee of the Stoor Family Trust, and acknowledged that they executed the foregoing instrument as Trustee in the name of and on behalf of said trust this a 9 day of S 2014. WITNESS my hand and official seal. I Iii,,�� 4 G j. 4 0 tq 1 0419 N r �l'i..N.MN"' O GRANTEES O Notary Public Page 2 of 3 GRANTEES Victoria DeCora STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me this II day of 2014 by Victoria DeCora. [seal] STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged before me this li day of 2014 by Lynn Stringham. SUE E. GRIFFIN COUNTY OF LINCOLN MY COMMISSIQA.IWIR NOTARY PUBLIC STATE OF WYOMING e eo 0 5 ss. ss. Lynn St gham SUE E. GRIFFIN NOTARY PUBLIC COUNTY OF .p STATE OF LINCOLN WYOMING YCOMMISSION EXPIRES OCTOBER 19, 2015 NOTARY PUBLIC NOTARY PUBLIC Page3of3 1