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HomeMy WebLinkAbout979127979127 10/30/2014 10:59 AM LINCOLN COUNTY FEES: $21.00 PAGE 1 OF 4 BOOK: 842 PAGE: 404 AGREEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK 11111111111111111111111111111111111111111111111111111111111111111111111111111 AGREEMENT FOR ASSIGNMENT AND INDEMNIFICATION Agreement for Assignment and Indemnification made by and between Patrick E. Chilen and Judith M. Chilen, husband and wife, of PO Box 3969, Alpine, WY 83112 "Chilen and Broken Wheel Ranch Property Owners Association, Inc., a Wyoming not for profit corporation, of c/o Sam Gwin, PO Box 3250, Alpine, WY 83128 "the Association RECITALS 1. Chilen owns real property in Lincoln County, Wyoming, more particularly described in that certain Warranty Deed dated July 19, 2007, and recorded in the office of the Lincoln County Clerk on July 26, 2007, in Book 687, page 26. 2. The Association owns and operates a water system providing culinary water to the Tots in the Broken Wheel Ranch Subdivision "the Subdivision in Lincoln County, Wyoming, including without limitation a water well, concrete storage tank, and various pipelines with accompanying easements. 3. Pursuant to that certain Agreement of Conveyance and Acceptance dated December 10, 1979, and recorded in the office of the Lincoln County Clerk on December 17, 1979, in Book 162 PR, page 390, it appears that Chilen may have an interest in the Krautter Well, the concrete storage tank, certain water pipelines, and certain easements subject to an obligation to maintain the Krautter Well. 4. Previously, Chilen received their culinary water from the Association's water system. Recently, however, they have installed a water well on their own property and now receive their culinary water from that well. 5. Chilen desires to assign any interest they may have in the Krautter Well, storage tank, water pipelines, and easements to the Association in consideration of the Association indemnifying them from any liability in connection with any such interest including any obligation to maintain the Krautter Well. NOW THEREFORE, in consideration of the mutual covenants herein set forth, the parties agree as follows: 1 1. In consideration of the Association's indemnification, Chilen hereby ASSIGNS and QUITCLAIMS to the Association any and all of their right, title and interest in and to the Krautter Well, the concrete storage tank, the two -inch PVC water pipeline from the storage tank to their property boundary, together with any associated easements, and any other interest in the Association's water system. In connection with this assignment, Chilen understands and agrees that the Association shall have full ownership of the Krautter Well and use of any and all water it produces in the Subdivision, and agrees to execute such documents as may be necessary to establish the Association's rights thereto in the office of the Wyoming State Engineer. Any such documents shall be prepared at the Association's expense. 2. In consideration of Chilen's assignment, the Association hereby agrees to indemnify Chilen from any and all liability in connection with the Krautter Well, the concrete storage tank, the two -inch PVC water pipeline from the storage tank to the Chilen property boundary and associated easements, and the Association water system generally. In addition, the Associ tion also indemnifies and releases Chilen from any and all liability to maintain the Krautter Well, -inch PVC water pipeline and associated easements. 3. Except as it may have been modified by the provisions of this agre ment, the Agreement of Conveyance and Acceptance referred to in Recital Paragraph 3 above retrains in full force and effect. 4. The Association stipulates that it has had full opportunity to fully inspect the property and accepts the property in its present condition and state of repair, and that the e are no representations, covenants, or agreements between the parties hereto with reference to said property except as herein specifically set forth. The Association agrees that it enters into this agreement based solely on its inspection and accepts the property in its present condition "as is" and not based on any representations made by Chilen. 5. Should any litigation be commenced between the parties hereto concerning the property, this agreement, or the rights and duties of either in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for their attorney's fees in such litigation which shall be determined by the co .art in such litigation or in a separate action brought for that purpose. 2 6. All agreements between the parties are merged in this agreement. This greement may not be changed orally and is to apply to and bind the heirs, personal repre executors, administrators, successors, and assigns of the respective parties. This agreement may be modified only by a subsequent written agreement executed by all of the parties to this agreement. 7. The parties agree that upon execution, the Association shall cause this agrbement to be recorded in the office of the Lincoln County Clerk. IN WITNESS WHEREOF, the parties have executed this Assignment as of the '23/4 day of isabi 20 "f 3 Patrick E. Chilen Press. ent ort -tivtd brotartvittrgitikt Judith M. Chilen Broken Wheel Ranch Property Owners Association, Inc. STATE OF WYOMING COUNTY OF The foregoing Agreement for Assignment and Indemnification was acknowledged before me by Patrick E. Chilen and Judith M. Chilen, husband and wife, this 23/20t. day of 2�@S l`{ Witness my hand and official seal. DANIEL A. TAU NOTARY PUBLIC County of Lincoln State of Wyoming My Commission 'Expires April 28, 2018 My Commission Expires: STATE OF WYOMING ss. COUNTY OF LINCOLN ss. GERALD L GOULDING NOTARY PUBLIC County of Lincoln State of Wyoming My Commission Expires May 2, 2015 Le (22 (z 0 My commission expires: ,ao 5 4 NOTARY PUBLIC NOTARY PUBLIC t /y .�orrtAcA— br uSftBUbker'tia o_Q On this _'�1 day of C 4 6 er 209e', before me per gally appeare to me personally known, who, being by me duly sworn, did say thatis the president of Broken Wheel Ranch Property Owners Association, Inc., a Wyoming not for profit corporation, described in and which executed the foregoing instrument; that said instrument was signed in beh If of said corporation by authority of its board of directors; and said acknowledged said instrument to be the free act and deed of said corporation. arrt _1 t 4043„41ttri-idd, Given under my hand and notarial seal the day and year first above written in this certificate.