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Home My WebLink About979586979586 12/5/2014 11:48 AM LINCOLN COUNTY FEES: $33.00 PAGE 1OF 8 BOOK: 844 PAGE: 344 EASEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK 1 Ili i 111111 II I 1 111111 11111 1! 111 111 11111 11111 1 1111 11111 111111111111 111 1111 1111 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, hereafter the "Agreement effective this 154 -day of 6 c,4- e t' 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 EDWARD M. MARONICK and DEANNE L. MARONICK, husband and wife, P.O. Box 1086, Helena, Montana 59635, hereafter,jointly, "Maronick 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, Maronick is the owner of property known as "Lot 1 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 Warranty Deed that was recorded March 17, 2014 in Book 829 at Page 272 as Receiving No. 975636, copies of which are attached hereto, hereafter the Maronick Property which property is adjacent to the WJW Property; and WHEREAS, WJW and Maronick 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 Maronick Property pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, WJW and Maronick 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 Maronick 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. EASEMENT AGREEMENT WJW HOLDINGS WY, LLLP EDWARD M. MARONICK AND DEANNE L. MARONICK PAGE 1 OF 4 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 EDWARD M. MARONICK AND DEANNE L. MARONICK PAGE 2 OF 4 8. WAVER 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 arties have caused this Agreement to be signed. WJW: WJW HOL GS WY, LLLP, a North Dakota 'ted Liability Partnership BY: STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 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. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln ,W Wyoming My Commission. Expires: July 16, 2015 WILLIAM J. WIEMANN, GENERAL PARTNER My Commission expires: 0'f l L /1 NAT 4R PUB C EASEMENT AGREEMENT WJW HOLDINGS WY, LLLP EDWARD M. MARONICK AND DEANNE L. MARONICK PAGE3OF4 MARONICK: EDWARD M. MARONICK D ANNE L. MARONICK STATE OF WYo Vh u n/ G COUNTY OF LfN N SS. ACKNOWLEDGED before me on this, the 15 day of C ci-A, 2014, by EDWARD M. MARONICK and DEANNE L. MARONICK. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of ;A;rk2 State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: S EASEMENT AGREEMENT WJW HOLDINGS WY, LLLP EDWARD M. MARONICK AND DEANNE L. MARONICK PAGE 4 OF 4 NOT Y PUBL FNbdolGoal Land Surveyors FAUN. SOHCREEL Wye, RopgY09on No. 16s nosh RogU0otIon W 1020 Idols RocenWor 8x.8090 Naudo R00L020don No.8805 SOMA. scHeiros, Wyo. Roolo4oton No. 7880 1050 RRogWIol6A N 81 No. 0028 MARLOWEA. SCHERBEL Wyo. Roo4VO0on No. 5308 KARL F. SCHEROEL Wyo. RnonV86018 Idaho Rol' 00o, No. 13093 OFEOS 60.1223 Surma, StAoAol. 470. AOon, Wyoml0o 9b Fmoy, SWoO8no ov000. Wyoming L lam HotEpOga, Woho 60, Deer, 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 Trust "Moclfication in any way of the foregoing description terminates liability of the a`'29i$Vt Ol WOJAt A181nT NL£L sT NOLL 3s b/IMNWISS 17/TAiN8/I$ •I,01 07D� I 101 07D rA7 S ✓N( 7 Y 1S' cIyF71 C1 AuY.tivDt'.•tT'G r u W�vl ;via r4100 0310>aU 'Lya P.aT. e ms "in •}�p rdy a:N �uicki 8IIIYASSf1 O?:V1 t'lI711.51O w UPtI Wig m snap, a •8'.1,00-x. a.rn X 0 .0 F04 M .1a• -VC •FNAt Y. �r •s .,d•.1>, a i sia D T.s•><t •fll 1 0 w- e n W m Yraf. �'E..a ,a r6ri�(>�?Fr •.4h�ir�H4 v 0 00 •3 •a <�jsr �I =A'r,M O •0 e rr •�e vyaaee astP =•w a C•Vred'N 0 00 O'O O0iT V +PW e iA..'a•M 03110. as Pr00" 4W w1O•vlo3rr r1 F.. 0 ilr?•a F,rg wt.tlP yO ra�� n. c' r 'a:`.a°a,�r./•.�saV+� +P":+�,i Drx°°i s'atim .0 1!NIW li WAWA J0 341115 lea:warns d0 SLYJYRC zee ts ier 74 -41a'=firA ^M 41 x0(lyvsaosx d0 SLYv@f11f0'J $.m1•A Y. ••]w7 1 .1. 11 h a1-•e 71117."174 AKI ..ataj V.4d s 3 a t o o t oI 1 00 '1N 11 H. mx n ton 'G y ��i�pW �y �cn xnm 9 aRCI :A Cl m .01a2 AIKS is .1! 12.11.7.1 1,13S •1 ":42 a}Ynca! ax- ,fm%V�y� (4%V) 0 P1'.10 a 0 ia1 A9'a 3A11A1HVrt JfoV 1AHd A Kni 'S wao roW r w• 3'OZ 1331A 11Ad2`l Y Hti r..ee p: w Iy tam W000301 30 Oon 'C R2Af b05 NLflYKngsl la W anaS 1Val.= 10 ton Z P •tet D% a 'F.7`•.7.13 1 wi p w•d� a n�l�.'�laiNi Yi� 511e:d WW1 OW 110E Y31143 '1 SS RIVIY.1i J.Yid i' .te r Yrit YeYd Tr ape •a .1 .11 S1 a.i'M �ap p++tA�S q. #ysis fa WYA•. t 0400110 .11000 avale Ao 7111 7YAOX1.0Y ttO Str0341:00b 1 1p•I.3 4-wrxe, 000.•..0 q .rte.. 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I signed the Certificate of Surveyor on that plat of record in the Office of the Clerk of Lincoln County filed 12 February 2013 with Accession No. 969443, titled: "PALISADES LANDING WITHIN GLO LOT 1 GLO LOT 2 E1/2iiW' /4 SE' /4NWr/ SECTION 19 T37N 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 2.781 Acres Lott 3.75± Acres 4. This Affidavit is being filed pursuant to W.S. 34 -11 -10 m. «vencr's error contained in the above referenced subdivision plat. Dated this 28 day of February 2014. Witness my hand and official seal. Commission Expires: CQ Z 1Z41LJ v JAMIE DECORA NOT•oiY PUBUC Cain of State of UnooLn +v Wyoming My Oommis .Ion =puss An° 27, 2019 The foregoing instrument was subscribed and sworn to before me by Karl F. Sclaerbel this 28 day of February, 2014. 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