HomeMy WebLinkAbout979585979585 12/5/2014 11:47 AM
LINCOLN COUNTY FEES: $33.00 PAGE 1OF 8
BOOK: 844 PAGE: 336 EASEMENT
JEANNE WAGNER, LINCOLN COUNTY CLERK
1
EASEMENT AGREEMENT
THIS EASEII1ENT AGREEMENT, hereafter the "Agreement effective this
day of Wp J 2014, is by and between WJW HOLDINGS WY,
LLLP, a North Dakota Limited Liability Limited Partnership, c/o P.O. Box 3309, Alpine,
Wyoming 83128, hereafter "WJW", and JAMES ANSETH and LISA MOJE,
TRUSTEES of THE JAMES ANSETH[ AND LISA MOJE REVOCABLE LIVING
TRUST DATED MAY 18, 2004, P.O. Box 3354, Alpine, Wyoming 83128, hereafter
the "Anseth Trust together jointly referenced herein as the "Parties
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
WHEREAS, the Anseth Trust is the owner of property known as "Lot 2 of
Palisades Landing according to the official plat filed in the land records of Lincoln
County, Wyoming on February 12, 2013 as Receiving No. 969443, pursuant to the
Quitclaim Deed that was recorded November 14, 2013 in Book 824 at Page 163 as
Receiving No 974153, copies of which are attached hereto, hereafter the "Anseth Trust
Property", which property is adjacent to the WJW Property; and
WHEREAS, WJW and the Anseth Trust have agreed that it will be mutually
beneficial to grant an easement that will allow vehicular ingress and egress to and from
the WJW Property and the Anseth Trust Property pursuant to the terms and conditions of
this Agreement.
NOW, THEREFORE, WJW and the Anseth Trust hereby agree as follows:
1. EASEMENT ESTABLISHED. WJW, for itself and its successors and
assigns, hereby grants an easement for vehicular ingress and egress and underground
utilities in the area described in the legal description attached hereto titled,
"DESCRIPTION FOR AIRPORT DRIVE ACCESS EASEMENT" for vehicular
access and underground utilities for the benefit of the Anseth Trust Property.
2. CONSIDERATION. For and in consideration of Ten Dollars ($10.00),
the mutual promises and agreements contained herein, and other valuable consideration,
EASEMENT AGREEMENT
WJW HOLDINGS WY, LLLP /JAMES ANSETH AND LISA MODE, TRUSTEES
PAGE 1 OF 4
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.
3. EASEMENT COVENANTS. The Parties, for themselves and their
successors and assigns, hereby agree:
a. Except for temporary obstructions required for the purposes of
maintaining and improving the easements and for installing and maintaining,
repairing and replacing underground utilities therein where authorized, the
easements shall not be obstructed in any manner that would impede free ingress
and egress of the parties hereto or of any other person or persons with right of
ingress and egress in the easements. Maintenance and improvement of the
easements shall be done in a manner that minimizes any inconvenience to all who
are authorized to use the easements for ingress and egress.
b. That the easements shall be used by the Parties for private and
commercial ingress and egress, but such use shall not occur in such manner that
the use interferes with any persons rights to use of the easements.
c. Except as otherwise provided by applicable covenants, any
improvements made within the easements shall be at the sole expense of the party
making the improvements unless otherwise agreed to in writing.
d. The Parties agree to indemnify and hold harmless each other from
any and all liability for personal injury or property damage that results from,
arises out of, or may be attributed to any use of the easements unless such injury
or damage is recklessly or intentionally caused.
4. EASEMENT 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.
EASEMENT AGREEMENT
WJW HOLDINGS WY, LLLP JAMES ANSETH AND LISA MOJE, TRUSTEES
PAGE 2 OF 4
8. 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. Ell LCTI VE DATE OF EASEMENT. This Easement Agreement shall
only become effective upon recordation in the land records of Lincoln County, Wyoming.
IN WITNESS WHEREOF, the P
WJW:
BY:
WJW HOL'h'.t S WY, LLLP,
a North Dakota Liability Partnership
N.. KEVIN VOYLES NOTARY PUBIJO State of
Uno n Wyoming
y OommiSSio" Expo: Juty 16, 2015
have caused this Agreement to be signed.
WILLIAM J. WIEMANN, GENERAL PARTNER
STATE OF WYOMING
SS.
COUNTY OF LINCOLN
ACKNOWLEDGED before me on this, the 11" day of
2014, by WILLIAM J. WIEMANN, as General
Partner of WJW Holdings WY, LLLP, a North Dakota Limited Liability
Partnership, pursuant to authority provided to him in said Limited
Liability Limited Partnership's Partnership Agreement.
WITNESS my hand and official seal.
My Commission expires: 'k it
EASEMENrAGREEMMENI'
WJW HOLDINGS WY, LLLP /JAMES ANSEru AND LISA MOS, TRUSTEES
PAGE 3 OF
ANSETH TRUST:
JAME c SETH, TRUSTEE
of Th es Anseth and Lisa Moje
Revo e Living Trust
dated May 18, 2004
STATE OF 140/ tvt
SS.
COUNTY OF Ls co L AJ
LISA MOJE, TRU E
of The James Anseth and Lisa Moje
Revocable Living Trust
dated May 18, 2004
ACKNOWLEDGED before me on this, the 4- day of
nd v 2014, by JAMES ANSETH and LISA MOJE,
TRUSTEES of THE JAMES ANSETH AND LISA MOJE
REVOCABLE LIVING TRUST DATED MAY 18, 2004.
WITNESS my hand and official seal.
NOT Y PURL
My Commission expires: 6a? 14 1
EASEMENT AGREEMENT
WJW HOLDINGS WY, LLLP JAMES ANSETH AND LISA MOJE, TRUSTEES
PAGE 4 OF 4
Pro(oulonol Lard Sw,myen
PAUL N. SCMERREL
Wyo. RopbtrrVon No, 164
VIA FiniNnVon Nu 1670
NahaROObaaVon No. MO
Naoeo Registration No.6005
SCOTTk SCHERBEL
Wye. Rapktrnton No, 3089
tnah Re9Mn00n No. 072111
Idaho Ro06enoon No.3024
MftRLOWEA. SCHERBEL
Wyo. Ropmmlan No. 5366
KARL F. SCHERBEL
Wyo. RaglCraUon No. 11610
Nona RepldcVon No. 1340
CFEOS No. 1223
Suvor, Sohrb L LTD.
Anon. Monk)
BIp Way. Wyoming
Jaocon,`Syoming
Lao WS SpOngs.
Monloo0006atro
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 an including taxiway access, over, under, and across the above
described ACCE
Truss
"Modification in any way of the foregoing description terminates liability of the srtReT
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STATE OF WYOMING
COUNTY OF LINCOLN
AFFIDAVIT AFFECTING TITLE
975487 3i'3/201410:59 AM
LINCOLN COUNTY FEES: ;12.00 PAGE i OF
BOOK: 828 PAGE: 689 AFFIDAVIT
]EANNE WAGNER, LINCOLN COUNTY CLERK
111111111111101111111111111111111111101111111111111111111
SS.
KARL F. SCSERBEL, being duly sworn on his oath deposes and states as follows:
1, 1 signed the Certificate of Surveyor on that plat of record in the Office of the Clerk of
Lincoln County flied 12 February 2013 with Accession No. 969443, titled:
"PALISADES LANDING WITHIN GLO LOT 1 GLO LOT 2 E'!NWt/s SE/sNWi%
SECTION 19 '137N R118W LINCOLN COUNTY, WYOMING dated 23 October 2012, as
revised.
2. There is an error in the acreage on Lot 1 and Lot 2.
3. The correct acreage is amended as follows:
Lot 1 2.7S± Ames
Lot 2 3.75 Aces
4. This Affidavit is being fled pursuant to W.S. 34 -11 -10 crivener's error
contained in the above referenced subdivision plat.
Dated this 28' day of February 2014.
The foregoing instrument was subscribed and sworn to befbre me by Karl E Scherbel this
28°' day ofFebtuaty, 2014.
Witness my hand and official seal.
Commission Expires: (41 Z' 120 I C.(
JAMIE DECORA
County of
Lincoln
PAy Commis =Eon
ten
NOTARY PUBLIC State of
%cuing
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Notary Public
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QUITCLAIM DEED
313 N7 I�t t=om 4. Csl•rrUr:. 04). LLC.
grantor(s) of (oho i ,4t R Po IzT fig., State of 1J yC) M+1 for and in
consideration of Ten Dollars and Other Good and Valuable Consideration $10.00 in hand paid, receipt
whereof is hereby acknowledged, hereby Convey(s) and Quitclaim(s) To
JelOtcs ANS>r ,c1 -1.10 Li GA IA 031: t a?.u5».C.S .SAmeS ANSe: 41•►D
U SA MeJE. iktvoc f3i Li vl 4 i �cusr b4.1 18, zoos}
grantee(s), whose address is: 1 Box 335 AL Fi nfE. W S3 f 2$
314 ll interest in the following described real property, situate in Lincoln County and State of Wyoming, to wit:
That part of GLO Lots 1 and 2, and that part of the East Ralf of the Northwest Quarter of Section 19, Township 37
North, Range 118 West, Lincoln County, Wyoming including part of vacated I,pt 44 of Alpine Village Subdivision No. 1
Plat 2 Amended of record in the Office of the Clerk of Lincoln County as Plat No. 264, and all of that tract of record in
said Office in Book 606 Photostatic Record an page 840 described as follows:
BEGINNING at the Northwest corner of said Lot 44; Thence North 67 °06'35" East, 55.09 feet, along the North Iine of
said Lot 44, to a point; Thence South 29 °03'31" East, 125.34 'Thence North 68 °13'44 East, 110.95 feet, to a point; Thence
Sonth 68 °53'36" East, 198.95 feet, to a point; Thence South 24 °07'22" East, 262.55 feet, to a sptilte; Thence 00 °00'04"
Cast, 191.98 feet, along a line parallel with the East line of said GLO Lot 2, to a spike; Thence South 71 °34'44" West,
31.62 feet, to the Northerly most rebar of Lot 46 of said Plat No. 264, on the East line of said GLO Lot 2; Thence South
30 °00'04" East, 107.37 feet, along said East line, to the Southeast sury -leap of said tract in Book 606;1 hence South
39 °58'15" West, 498.75 feet, along the South line of said tract in Book 606, to a surv-kap on the Palisades Reservoir Take
Line; Thence North 07 55'59" West, 280.84 feet, along said Palisades Reservoir Talce Line, to a corner; Thence North
38 °44'33" East, 394.27 feet, along said Palisades Reservoir Take Line, to the CORNER OF BEGINNING.
Hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State of
Wyoming.
Witness my /our hand(s) thus 10?Th day of /vGRJ.?./V..,•t.P.R 2013.
State of Wyoming
County of Lincoln
The foregoing instrument was acknowledged before me this Jo2g day of [V'O2 e, ri Z€./ 20) 3 by
LZ.
Witness my hand and official seal.
My commission expires: 9 G /6'
GLORIA K. (WERS- NOTAAYPU
lit State of
Counly
Lincoln :3 Wyoming
My Commissan Expos Soptembsr 15, 2015
ss.
RECEIVED 11/14/2013 at 1 :17 PM
RECEIVING 974153
BOOK: 824 PAGE: 163
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
0163