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Home My WebLink About979589979589 12/5/2014 2:06 PM LINCOLN COUNTY FEES: $75.00 PAGE 1OF 22 BOOK: 844 PAGE: 368 AGREEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK 1 11111 11 1111 11 1111 111 111111 1 I I 1 11111 11 I I I I I I I I I I I I I 1 111 111 111 111 ROAD MAINTENANCE AND SNOW PLOWING AGREEMENT THIS AGREEMENT is made this 5th day of December, 2014 between the AVR HOMEOWNERS ASSOCIATION, a Wyoming Nonprofit Corporation, P.O. Box 3525, Alpine, Wyoming 83128, hereafter, "AVR HOA and WADT PROPERTIES, LLC, a Wyoming Limited Liability Company, hereafter, "WADT Properties together jointly referenced herein as the "Parties WHEREAS, AVR HOA has jurisdiction over the roadway known as "Airport Drive" within Alpine Village Subdivision, as described in the "DESCRIPTION FOR AIRPORT DRIVE ACCESS EASEMENT pursuant to the Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on December 5, 2014 in Book 844 at Page 352 as Receiving No. 979587, copies of which are attached hereto; and WHEREAS, WADT Properties is the owner of properties adjacent to the WJW Property to the west pursuant to the Warranty Deed that was recorded October 10, 2014 in Book 841 at Page 644 as Receiving No. 978917, a copy of which is attached hereto, hereafter "WADT Properties Property and WHEREAS, WADT Properties has access over Airport Drive pursuant to the Easement Agreement that was recorded in the land records of Lincoln County, Wyoming on July 9, 2014 in Book 835 at Page 857 as Receiving No. 977380, a copy of which is attached hereto; and WHEREAS, AVR HOA and WADT Properties agree that it will be mutually beneficial for them to share in the costs of maintaining and plowing the roadway known as Airport Drive. NOW, THEREFORE, AVR HOA and WADT Properties agree as follows: 1. ROAD MAINTENANCE AND SNOW PLOWING. AVR .HOA shall be responsible for the maintenance of and the snowplowing of Airport Drive lying within Alpine Village Subdivision. 2. COMPENSATION FOR ROAD MAINTENANCE AND SNOW PLOWING. WADT Properties shall provide compensation to the AVR HOA for the maintenance of and the snowplowing of Airport Drive as follows: a. WADT Properties shall pay one (1) assessment annually to AVR HOA for each lot that WADT Properties creates within the WADT Properties Property; b. The per lot assessment for WADT Properties shall be the annual assessment for each lot within AVR HOA, established pursuant to the annual assessment provisions in Section 3 ROAD MAINTENANCE AND SNOW PLOWING AGREEMENT PAGE 1 OF 3 of the Declaration of Covenants, Conditions and Restrictions for Alpine Village Subdivision, Restated as Amended, as recorded in the and records of Lincoln County, Wyoming on August 30, 2013 in Book 819 at Page 194 as Receiving No. 972990; provided, however, that if more than ten percent (10 of the annual assessment of the AVR IIOA is used for purposes other than road maintenance and snow plowing of roadways, then the per lot assessment for WADT Properties shall be reduced to the amount that is allocable only to road maintenance and snow plowing. c. Before the AVR HOA's annual budget, which is the basis for the calculation of the annual assessment for each year, can be raised in excess of the Consumer Price Index in any year, WADT Properties shall be entitled to attend and participate in the AVR HOA membership meeting that must be held as provided in the above- referenced Declaration. d. WADT Properties' obligations to pay per lot assessments shall begin upon final plat approval by Lincoln County, Wyoming of Phase II of the subdivision of the WADT Properties Property. 3, CONSIDERATION. For and in consideration. of Ten Dollars ($10.00), the mutual promises and agreements of the parties hereto, and other valuable consideration, in hand paid, the receipt of which is hereby acknowledged, the Parties declare that consideration has been provided to each of theirs for this Agreement. 4. 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. 5. MODIFICATION OF AGREEMENT. Any modification of this Agreement shall be binding only if evidenced by agreement in writing signed by the Parties hereto or their successors or assigns. 6. WAIVERS. The failure of any party to this Agreement to enforce the performance of the terns and conditions set forth herein, or a 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 frill force and effect as if no such forbearance or waiver had occurred. 7. BINDING EFFECT. This Agreement shall be binding. on any successors or assigns of the Parties hereto. 8. WYOMING LAW. This Agreement shall be governed by Wyoming law, IN WITNESS WHEREOF, each party has signed this Agreement. ROAD MAINTENANCE AND SNOW PLOWING AGREEMENT PAGE 2 OF 3 M KEVIN VOYLES NOTARY PUBLIC County of t State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: C I /15' M KEVIN VOYLES NOTARY PUBLIC County Lincoln Ji t Wyoming My Commission Expires: July 16, 2015 !6 My Commission expires: 67- i,a1 seal. IS AVR HOMEOWNERS ASSOCIATION, a Wyoming Nonprofit Corporation .0 REX DOO'+ OS, PRESIDENT BY BY: ROAD MAINTENANCE AND SNOW PLOWING AGREEMENT PAGE 3 OF 3 STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 6r6 day of December, 2014 by Rex Doornbos, President of the AVR HOMEOWNERS ASSOCIATION, a Wyoming Nonprofit Corporation. WADT PROPERTIES, LLC, a Wyoming Limited Liability Company AO' ALDON D. THOMAS, MANAGER STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 5 day of December, 2014, by ALDON D. THOMAS, Manager of WADT PROPERTIES, LLC, a Wyoming Limited Liability Company, acting for and on behalf of that Company. WITNESS my hand and official seal. Hn✓osssaul Lod Sumpts PAHL H. SCHERHLL 4Y,o. Ra9h0aten No.184 Utah RedWedon No. 1870 Idaho 4e917N6a1 No. 3990 71ne8+Rep4ba0on No.68 W SCOTT A. SCHE IBE. 1.2,o.Re94YOl on No.3769 1.11:21 11c0114268 No. 777111 IT R85%2006 No. 6020 FWQORE& SCHERNEL w,b. Replay' NO. 6364 KARL P.SCHEMEL Ytp. Rgishollon No.11010 Idaho Re9lsoaTon Ho. 13193 CFEDS No. 1223 Secmyu Schalhal, LTD. AAoa,1Nyook1 Oy FKsAkAyom'np Jackson, YirraW9 Lora Hot Sp v. Doha MJadpac,LEAN 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 theirs, successors and assigns a perpetual right of ingress and egress an including taxiway access, over, under, and across the above described ACCE 10 June 2014 VVCMI� Trim "Modification in any way of the foregoing description terminates liability of the sus ftli'g STATE OF WYOMING INTOW ALL PERSONS BY TIXr,SE PRESENTS, that WJW HOLDINGS, LLLP, a North Dakota limited liability limited partnership, P.O, Box 3309, Alpine, Wyoming 83128, GRANTOR, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby remises, releases, and forever quitclaims unto AVR HOMEOWNERS ASSOCIATION, INC., a Wyoming Nonprofit Corporation, P.O. Box 3525, Alpine, Wyoming 83128, GRANTEE, and its successors and assigns forever, all such right, title, interest property, possession, claim, and demand as it may have or ought to have in and to all of the following described property, to wit: That property described in the Legal description titled, "DESCRIPTION FOR AIRPORT DRIVE ACCESS EASEMENT", attached hereto. Together with and including all improvements thereon and all appurtenances and hereditaments thereunto belonging. Subject to all covenants, conditions, restrictions, easements, reservations, and rights-of- way of sight and/or record. WITNESS my hand this ,_L1' day of June, 2014. WJW HOLDIN(S LLLP, a North i akota limit liabili COUNTY OF LINCOLN My Commission expires: 01- 079587 12/5/2014 11:49 AM LINCOLN COUNTY FEES: $15.00 PAGE 1OF 2 BOOK: 844 PAGE: 352 DEED, QCD JEANNE WAGNER, LINCOLN COUNTY CLERK 11111111 1111111III111111111111111111111111MI111111 1111I1E111111111111111 1 1111 QUITCLAIM DEED SS. BY: �V)LL I IE GENERA PARTNER ed partnership ACKNOWLEDGED before me on this, the +1 day of June; 2014, by William J. Wiernann, General Partner of WJW Moldings, LLLP, a North Dakota limited liability limited partnership, on behalf of the limited liability limited partnership. WITNESS my hand and official seal. M KEVIP! VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming °imp My Commission Expires; July 16, 2015 Rofm461.6 Land Sonora p,WLR.8CHERBEL llyu RephYatIon No. 161 Ural Reghlre4on No. 167a Idaho Rog'suapon Na. 3990 Mo oda 66.0 1 660.6805 EcoTrA, SCHERBEL W,p. Rap0Ya5on No. 2U Rophlra6on Mob, Radh0LVeo 1 No. 0018 FWIXOM n 5CNE66EL Wp Rela,oVon 660.5306 KARL ILSCHEROEL N,w Rogaka0m Na 11062 Wok, Rephka0on No. 13463 CFEOS 410.1223 Suouyor&ho nI. LTO. Mon, Wyoming 019 Racy. Wya0109 Ja41111,WV tan 11o1Spdago. idoho IdaMpo666 Who 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 s 3cr�F 11510 10 June 2014 f '�'aMlt� g IYvst "Modification In any way of the foregoing description terminates liability of the �ti��' y>7T' 77. Pilo No.: 64162 WHEN RISCORDED RII DRN TO: Name: Address: WARRANTY DEED (Individual Form) KURT WIMBffi00 CONSTRUCTION, INC., a Wyoming Corporation, GRANTOR(S) of Lincoln County, State of Wyoming CONVBY(S) AND WARRANT(S) to WADI' Proportics, LLC, a Wyoming Corporation, GRANTFII(S), whose address is PO Box 3652 Alpine, WY 83128, for the sum of Ten Dollars and other good and valuable consideration, the following doscribedreal estate, situate in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the Homestead Pxempdon TAWS of the State, to -wit: Percol 1; Lot 46, Alpine Village SubdivisionNo. 1, Plat 2 Amended, according to the offletalplat recorded in Lincoln County Cleric's Office, Lincoln County, Wyoming. Parcel 2: Beginning at the Southeast corner of Lot 2, also known as the Center West 1116 corner (as shown on Alpine Village Subdivision No. 1 Plat 2 Amended instrument 11559191) of Section 19, Township 31 North, Range 118 West, Sixthl'rineipal Meridian, Wyoming; end sunning thencoN89 °37'01 "W, 555.87. feet along the 1116 lino to a found K inch iron rod with a 1 inch Aluminum cap m°rkcdl 2; t10nceN4 °38'39 "W, 101.62 feet to a found 1" pipe oo markings; thence N89 °55'47 "W, 109./6 fcetto the Right-of-Way of State lino road; thane° Nl °17'07'B, 386.97 feet to a found U.S.P.S. monument; thence N53 °31'531B, 270,13 foci to a abund U.S.P.S. monument; thence N7 °56'05 "W, 368.85 feet to a point on line between found U.S,F.S. monuments; thence 59'4 6 'B, 498.79 feet to the West line of said Alpine Vi7Iage Subdivision No. 1 Plat 2 Amonded instnanrab11559191 said point bohlg on lino between fbUad NWl /16 and CW1/16 of said Section 19 as sham on avid Subdivision Plat; thence S0 °00'01'2,1017.93 feet along said found subdivision line to the paint of beginning. Alpine, WY 83128 Subject to reservations and restrictions contained In the United Slates Patent end to casements and rights -o €way of record or in use. Together with all improvements and appurtenances thereon. Filo limb b as 64102 Iacluuon Load 3Slto Domponyof Wyoming WanetyDool -Uoa Pogo oft 9711917 10/20/2014 7.:23 PM Insets 000Nri Fla 33F+.00 PAGE 101 2 00010 941 PAGE: 044 PIED, WD JEANNE WAGNER, LINCOLN COUNTY QS°C 1 STATE OF WYOMING SS County of LINCOLN Commission expires: I a -a (P -a6 la Residing in: Li,nca It, CAu hi/ STATE OF WYOMING SS County of LINCOLN e Commission expires: t a c. -a oil. Residing in: Lincoln Caut4y Nllo Number: 64162 Hickman Load Tido Company of Wyoming Waanoty Coed (Individual) P+wn ..f 9 CORPORATE ACKNOWLEDGMENT On the 7th day of October A.D. 2014 personally appeared before me Kurt Wimberg who, being by me duly sworn, did say that he is the Director respectively of Kurt Wimberg Construction, Inc., a Wyoming Corporation and that the said instrument was signed in behalf of said co o ation to me that said corporation executed the same. INDIVIDUAL ACKNO 414 u. Notary Public EIJ4ilaS14117f. Uri c State of Lincoln WyoijIgg MY COMMISSION'EXPIIi :'kl.'124.416 1 1 :I On the 7th day of October A.D. 2014 personally appeared before n#e I ;I I I i Kurt Wimberg the signer(s) of the within instrument, who duly acknowledged to me that he&she%they executed the ;I VICKIE MUNSON NOTARY PUBLIC County of State of Lincoln Wyoming ;1'• MY COMMISSION EW'IRE6, 26 D0.124 j; i I 1 I {``II 1 I gillll i Ii1 Notary Public ll EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, hereafter the "Agreement effective this 24th day of June, 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 KURT WIMBERG CONSTRUCTION, INC., a Wyoming Corporation, 2375 Apache Road, Jackson, Wyoming 83001, hereafter "Wimberg Construction the ALPINE AIRPARTC ASSOCIATION, INC., a Wyoming Nonprofit Corporation, c/o P.Q. Box 820, Thayne, Wyoming 83127, hereafter the Airpark Association and ALPINE AIRPARK, LLC, a Wyoming Limited Liability Company, P.O. Box 3309, Alpine, Wyoming 83128, hereafter the "Alpine Airpark", all 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 and "DESCRIPTION FOR THE WIMBERG LIVING TRUST, DATED 21 MARCH 2002 TAXIWAY EASEMENT" hereafter, jointly, 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, Wimberg Construction is the owner of properties adjacent to the WJW Property to the west pursuant to Corrective Quitclaim Deeds that were recorded June 24, 2014 in Book 834 at Page 602 as Receiving No. 977147, and on June 24, 2014 in Book 834 at Page 603 as Receiving No. 977148, copies of which are attached hereto, hereafter "Wimberg Construction Properties and WHEREAS, Alpine Airpark, LLC is the owner of the runway pursuant to the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on September 30, 2013 in Book 821 at Page 419 as Receiving No. 973483, a copy of which is attached hereto, hereafter the "Alpine Airpark Property and WHEREAS, pursuant to the "Alpine Airpark Association Declaration of Covenants, Condition, Restrictions, Reservations, Easements, Liens and Charges" that was recorded in the land records of Lincoln County, Wyoming on. January 31, 2007 in Book 647 beginning at Page 632 as Receiving No, 926439, and the "Joinder and Ratification" that was recorded in the land records of Lincoln County, Wyoming on February 15, 2007 in Book 648 at Page 828 as Receiving No. 926827, the Airpark Association has the right to "convey easements and grant concessions" on the taxiway that is a part of the Alpine Airpark and adjacent to the WJW Property to the east within Lakeview Villas Condominiums, as established by the "Lakeview Villas Condominiums Declaration of Condominium Ownership and Declaration of Restrictions; Covenants and Conditions" that was recorded in the land records of Lincoln County, Wyoming on February 23, 2007 in Book 649 at Page 501 as Receiving No. 926987, as amended; and EASEMENT AGREEMENT WAY HOLDINGS WY, LLLP !KIIRTWIMDERG CONSTRUCTION, INC. ALPINF: AI[IPARK ASSOCI A ION OIN 7 /ALPINE AIRFARE', LLC WHEREAS, WJW and Wimberg Construction have agreed that it will be mutually beneficial to grant easements that will allow aircraft and vehicular ingress and egress to and from the WJW Property and the Wimberg Construction Properties, and connecting to the taxiway that is a part of the Airpark Association, which connects to the Alpine Airpark Property pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, WJW and Wimberg Construction, the Airpark Association, and the Alpine Airpark, hereby agree as follows: I, EASEMENT ESTABLISIIED. WTW, for itself and its successors and assigns, hereby grants and conveys perpetual non exclusive easements on the WJW Property as follows: a. VEHICULAR INGRESS, EGRESS, AND UNDERGROUND UTI 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 Wimberg Construction Properties. b. TAXIWAY EASEMENT FOR AIRCRAFT INGRESS AND EGRESS. An. easement for aircraft ingress and egress in the area described in the legal description attached hereto titled, "DESCRIPTION FOR THE WIMBERG LIVING TRUST, DATED 21 MARCH 2002 TAXIWAY EASEMENT" for aircraft access for the benefit of the Witnberg Construction Properties and all of the Members of the Airpark Association, 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. Within thirty (30) days of Lincoln County, Wyoming's filial plat approval for development of the Wimberg Construction Properties, Wimberg Construction shall pay additional consideration to the Airpark Association in the amount of Four Hundred Fifty Thousand Dollars ($450,000,00) for the "hook up" fee to the Airpark Association's runway, and to WJW in the amount of One Hundred Thousand D011at:s ($100,000.00), 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 EASEMENT AGRE MENT WJW HOLDINGS WY, LLLP KURT WIMVIBRRG CONSTRUCTION, INC. ALPINE AIRFARE. ASSOCIATION, INC, /ALPINE AIRPARIC, LLC PAGE 2 OF 7 easements shall be done hi 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. e. Wimberg Construction agrees to cause to be constructed asphalt or other hard surfaced material taxiways to oonnect the easements, Said taxiways shall be a minimum of thirty feet (30') in width on the Wimberg Construction Properties and shall match the width of the existing taxiway on the east side of Airport Drive. The taxiways shall be constructed so that they do not impeded vehicular access on Airport Drive. The design and location of the taxiways, and any subsequent modifications thereto shall be subject to the review and approval of the Airpark Association, which shall not be unjustly or unreasonably withheld. f. Wimberg Construction agrees to cause to be widened the taxiway between the Wimberg Construction Properties and the Alpine Airpark runway by ten feet (10'). The Airpark Association shall pay Fifteen Thousand Dollars ($15,000.00) to Wimberg Construction for the costs Wimberg Construction incurs in completing the widening of the, taxiway, and such payment shall be made with thirty (30) days of receipt of written notice that the widening is completed. The taxiway shall be widened at the same time as Wimberg Construction constructs the taxiways on the Wimberg Construction Properties. Thereafter, Wimberg Construction agrees to all assume responsibility for the maintenance, repair, and snow plowing for all of that taxiway, as widened, and for all costs thereof. g. Wimberg Construction agrees to cause to be installed, maintained, repaired, and replaced an electronically operated access gate that meets current Federal Aviation Administration standards on the taxiway where it intersects Ahport Drive on the east side of Airport Drive, in order to prevent vehicular access onto the Airpark Association's taxiways oast of Airport Drive. Wimberg Construction also agrees to cause to be installed, maintained, repaired, and replaced electrical utilities to operate the gate. The gate shall be operational as soon as reasonably possible after Wimberg extends the taxiway pavement east of Airport Drive to connect with the pavement of Airport Drive as provided herein. EASEMENT AGREEMENT WJW HOLDINGS WV, LLLP /KURT WIMBERG CONSTRUCTION, INC. ALPINE AIRPARK ASSOCIATION, INC. /ALPINE AIRPARIC, LLC PAGE 3 OTT h. Wimberg Construction agrees that contemporaneously with this Easement Agreement, it will execute the a Joinder to the Alpine Airpark 's Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges to encumber and subject the Wimberg Trust Properties to the terms and conditions of said Declaration. of Covenants. Said Joinder shall provide, however, that Wimberg Construction shall not be liable for any fees to the Airpark Association for the WJW Property. i. Wimberg Construction agrees that it will not restrict the travel of aircraft over and across the taxiways located upon Wirnberg Construction Properties by third persons, 4, EASEMENTS 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 Agreeinent 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, g. 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 stuns due hereunder, the party prevailing in such litigation shall be entitled to a reasonable stun 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 Parties have caused this Agreement to be signed. EASEMENT AGREEMENT MENT WJW HOLDINGS WY, LLLP KURT WIMI3ERG CONSTRII ZION, INC. ALPmN1' AIRPARK ASSOCIATION, INC. ALPINE AIRPARIC, LLC PAGE 4 OV 7 WJW: WJW H a North Dako BY: STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 17 day of June, 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 •'i( r' State of Lincoln Wyoming My Commission Expiros `July t ti My Conunission expires: WIMBERG CONSTRUCTION: KURT WIMBERG CONSTRUCTION, INC., a Wyoming Corporation BY: STATE OF WYOMING COUNTY OF "MU/ INGS WY, LLLP, imited Liability Partne. WILLIAM J. IEMANN, GENERAL PARTNER KURT WIMBERG, PRESIDENT OTAR PUBLI SS. ACKNOWLEDGED before me on this, the 2 day of 2014, by KURT WIMBERG, PRESIDENT of KURT WIMBERG CONSTRICTION, INC., a Wyoming Corporation, EASEMENTAGREEMENT 1V.IW HOLDINGS WY, LLLP TCURT WIMBERG CONSTRUCTION, INC, ALPINE AIRPARIC ASSOCIATION �INC, ALPINE AIRI ARIL, LLC PAGE 5 pursuant to authority provided to him by said Corporation's Board of Directors. P Ars1:8 1,a d official•sea},•..,, M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 10, 2015 AIRPARK ASSOCIATION: ALPINE AIRPARK ASSOCIATION, INC., a Wyoming Nonprofit Corporation STATE OF WO M COUNTY OF Li f! Co 1.1%.j M KEVIN VOYLES NOTARY PUBLIC My Commission expires: o'4 16 3 13Y: WITNESS my hand and official seal. County of lR�r v Stpt t o 1 g OTAR Lincoln 1 i y My Commission Expires: July 16, 2015 C fission expires: 0 1 la! a 5' OTAR PUB C STANLEY K. DARDIS, PRESIDENT SS. ACKNOWLEDGED before me on this, the 0 1 day of June, 2014, by STANLEY K. DARDIS, as President of the Alpine Airpark Association, Inc., a Wyoming Nonprofit Corporation, pursuant to authority provided to him by said Nonprofit Corporation's Board of Directors. EASEMENT AGREEMENT WJW HOLDINGS WY, LLLP 1 KURT }WIMB1 RG CONSTRUCTION, TNC.1 ALPINE AIRPARK ASSOCII GO 6 I y.1 ALPINE AIRPARK, LLC ALPINE ATRPARIC: ALPINE .(PARIS, LLC, a Wyoming 1i ed Liability company 13Y: WILLA"i WIEN ANN, MANAGER STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 11 day of June, 2014, by WILLIAM J. WXLMANN, as Manager of Alpine Alrpark, LLC, a Wyoming Limited Liability Company, pursuant to authority provided to him by said Limited Liability Company's Members. WITNESS my hand and official seal. M KEVIN VOYLEB NOTARY PUBIC County of r iff Stete of Lincoln I Wyoming My Commisolon Expires: July 16, 2015 My Commission expires: D J it )1 EASEMENT AGREEMENT WJW HOLDINGS WY, KURT ALPINE AIRPARICASSOCIAT ON, INC. INC, ALINE ATRPARK, LLC PAGE 7 OP 7 rioratsboo Romp.. muut.4c18318Ei w ick R1CtV40n Hr. In VLb Rephb4lm No. IVA HoboRfoam Ho.J910 Hand) Rrp1Yo5o4 Ha 64O5 6CQU& LC1IFaoL 1Hv. RMDRHIOn Ha. 3L69 Dygpy'abrin H0. On III lOolo RHRbilm 14U.F816 wattlye V 6c11CR6Ei Mo.RM4VHbn Ho.W68 HMLH. RCHEIlREL yrnR,QiboYP1 Ho. IMO litho Rot/gaol Ha 1340 CFEDB No, 1713 8bna1aMelba, LI& Moo Nairn RIO KW. Vgaino Jakao, WARN! Lao IW Rolm. Mao WonVoleal6ela DESCRIPTION FOR AIRPORT DRIVE ACCESS EASEMENT To -wit: All of Airport Drive as depicted on Alpine Village Subdivision No. I 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 saki Plat; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and including taxiway access, over, under, and across the above described ACCE 10 Juno 2014 1 9YOMIta 0 g frail "ModlIlealion In any way of the foregoing description terminates liability of the M and StIvo •e,F PAW a.SGRFAREL 14yo.R0g44eaptOa CGa 11NA RyB4e6on Ha IRa thho M411,067. Re.3KA Ileetla R1641n 6 Ear sNW&ECKEIW 1Y,o.RO9'Wat ntb.AS9 Uth liqualma1w372 Who µV1(.054E A.SCEIEIteEt 15)0. Rcgle alko Ro.634 KARL F.SCHERREL 4J,1L Rey/helun!1e. VI1a Wit°IIeg64ata,Na Blau CFED9 Ne. 121a strnt+ scrotal 09. Mo. N4a+ing filOYAVYmini Lau !mI Fiega.144* Naeyew.Wdy DESCRIPTION i+OR THE WIMBERG LIVING TRUST, DATED 21 MARCH 2002 TAXIWAY EASEMENT To -wit; A strip of land over, under and across thnt part of Lot 94 ol'Alpine Village Subdivision No. 1 Plat 2 Amended 11 Filing, of record in said Office with Accession No, 927004, being part of that tract of record in said Office in Book 627 of Photostatic Records on page 195, described as follows: BEGINNING at the southernmost point of snid Let 94; thence N36 50' -28 "W, 49.07 feel, along the southwest line ofsnid Lot 94, to a point; thence N42 23'- 5 "li, 61,07 feet, to the intersection of the easterly right -of -way line of the extension of Airport Drive, as depicted on said 1 1 Filial;, with the northerly right -of- way line of that Genre' Cotnmon Element Taxiway Tying and being situate along the southeast line of said Lot 94 and depicted on Lake View Villas Condominiums Amended of record in said Office with Accession No. 928947; thence 836 50' -28 "13, 60.00 feet, along said easterly right -of -way line, to the intersection with the southeast line of said Lot 94; thence S41°- 24 "W, 61.30 feet, to a point on the west line of Airport Drive, as depicted on Alpine Village. Subdivision No. 1 Plat 2 Amended, of record in said Offroe with Accession No. 559191; thence N36 50' -28 "W, 12.01 feet, along said west line, to the POINT OF BEGINNING; the BASE BEARING for this survey is the north line of vacated Lot 44 of said Alpine Village Subdivision No. 1 Nat Amended, beingN67 06' -35 "E; RESERVING unto the Grantors, their heirs, successors and assigns n perpetual right or ingress and egress and utilities, including taxiway access, over, under, and across the above described TAXIWAY EASEMENT; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 or 11810 with appropriate details; all in accordance with the attached exhibit titled "EXHIBIT TO ACCOMPANY DESCRIPTION FOR WIMBERG LIVING TRUST, DATED 21 MARCH 2002 TAXIWAY EASEMENT WITHIN LOT 94 ALPINE VILLAGE SUBDIVISION NO. 1 PLAT2 AMENDED I ITU FILING SECTION 19 T37N RI I8W LINCOLN COUNTY, WYOMING", dated 21 A 112014, ns revised. 2.1 April2014 "Modification In any way of the foregoing doscriptton terminates liability of the sit ?E1��Bp"b "I OWE' 'r7 YD 4 05/111N 61: Ir CALGV1,4710 eY.' S e' CAlECGPOOR7 A N GYAIIPY//FP f7CE I affall $c2? viss'YO1 5C.�uL• LTD. y6 p/�Ey avA /�y A AVOW air B 9J L 19• Jim= 70.2.76-J.747 SOX 5SZ N aV IPLX✓ 7 28l GCE POND LAT0 Lake View Villas Condominiums Amended Accession No. 92894 GCE v b HANGAR 7 s \I 4' ps ,gy `4g c4 7 19 5 i he l fflnhery Llr7A9 mis! doled 9 Uc ch a0.? Taxiway Easement LOT 46 ALPN£ MACE S7./8D /14S70N N0. PLAT2 Af,PND£O ACGeSSJON 402 53919I 5E Lot 46 LEGEND g Q or withal a 5/8" x eo tomincumrBUMV --KAP Inscribed withal a to /2 "RLS 520 found this survay, Indicolro o B /Bs x 24" 61.0 roio(orcing rod with LID. aluminum O W PIS 5308 orY118 4-WPM found or of record. 7 alumi cop Ineorlbod YOR LDD. AFTON WYOMIt1G P1S 11010 oat this survoy. )g( Indlootoa a calculated position, no monument round or set. Indicates a right- of-way Ilno. Indicates a centorlino Indlcateu o deed Lino of record, andiaatoa an roasting tonal) line. Luindarryy a defi 4 0 0 VI O eni o e Condomintumo Amandod, f Lot 45 Dldclon Alpine Villainy subdlvded No. 1 Plot AcCOUelon t o A) 2G33 t OELTA 250'55 01 RADIUS 60.00 CHORD REARING SBY50 041 al R0 .7 EXHIBIT To ACCOMPANY DESCRIPTION WIMBERO LIVING TRUST, EASEMENT MARCH 2002 TAXIWAY WITHIN LOT 94 ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 2 AMEND ON 111TH FILING 13714 R118W LINCOLN COUNTY, WYOMING Q 2014 by OOr »yor Sehlrbel t7G. NI rights (nerved. Copyright SCALE: 1" 60' WITNESS m M KEVIN VOYLES NOTARY PUBt.UQ County of Wyoml g ,r My Commission Expires: July 16, 2016 )6 S, hand and official seal. My Commission expires; 0?'t16 jls 977147 6/24/2014 10:94 AM LINCOLN COUNTY FEES: $12.00 PAGE 1. OF I BOOK: 634 PAGE:. 602 PEED, CORRECTIVE QUITCLAIM 7hANNE WAGNER, LINCOLN COUNTY CLERK 11111111111111111111111111111111 CORRECTIVE QUITCLAIM DEED KNOW ALL PERSONS BY THESE PRESENTS, that KURT ALAN WIMBERG and MARTHA CHRISTINE »ITMUS WIMBERG, TRUSTEES of The Wlmborg Living Trust dated 21 March 2002, 2375 Apache Road, Jackson, Wyoming 83001, GRANTORS, for and in consideration of Ten Dollars ($10,00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby remise, release, and forever quitclaim unto KURT WIMBERG CONSTRUCTION, INC., a Wyoming corporation, 2375 Apache Road, Jackson, p ssession, claim, and demand as they ey�m and its successors and y have or ought to have assigns title, and to all of the followingdesccribed prope to wit: Lot 46 in Alpine Village Subdivision No. 1, Plat 2, Amended, Lincoln County, Wyoming, as desoribed on the official plat thereof. Together with all buildings, improvements, and appurtenances situate thereon or in anywise appertaining thereto. Subject to any easements, reservations, restrictions, or rights-of-way of record, of sight, or in use. This Corrective Quitclaim Deed corrects the Quitclaim Deed that was recorded In the land records of Lincoln County, Wyoming on May 19, 2014 in Book 832 at Page 704 as Receiving No. 976692. WITNESS my hand this 23( day of .7� r`t 2014. WIMBERG, TRUSTEE of The Wimberg Living Trust dated 21 March 2002 (f)1 RTHA CHRISTINE DITMARS WIMBERG, of The Wimberg Living Trust dated 21 March 2002 STATE 01? WYOMING COUNTY OF "Mil ACKNOWLEDGED before mo on this, the 3 j day of wit, 2014 by KURT ALAN WIMBERG and MARTHA, CHRISTINE DITMAIIS WIMBERG, TRUSTEES of The Wimberg Living Trust dated 21 March 2002. EUSTEE 977148 6/24/2014 10:45 AM LINCOLN COUNTY FEES: $15 PAGE 1 OF 2 BOOK; 834 PAGE: 603 DEED, CORRECTIVE Qt/ITCLAIM JEANNE WAGNER, LINCOLN COUNTY CLERK 11111111111111 111111 1111111111111I11111111I11 Nil 1 1I1I!1l>1i11111i111Ir1 CORRECTIVE QUITCLAIM DEED KNOW ALL PERSONS UV THESE PRESENTS, that KURT ALAN WIMBERG and MARTHA CHRISTINE DITMARS WINDBAG, TRUSTEES of The Wimberg Living Trust dated 21 March 2002, 2375 Apache Road, Jackson, Wyoming 8300I, GRANTORS, for and in consideration of Ten Dollars ($10,00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby remise, release, and forever quitclaim unto KURT WINDOW CONSTRUCTION, INC., a Wyoming corporation, 2375 Apache Rod, Jackson, Wyoming 83001, GRANTEE, and its successors and assigns forever, all such right, title, interest property, possession, claim, and demand as they may have or ought to have in and to all of the following described property, to wit; Thut real property described in the legal description attached hereto as Exhibit "A'. Together with all buildings, improvements, and appurtenances situate thereon or in anywise appertaining thereto, Subject to any easements, reservations, restrictions, or rights-of-way of record, of sight, or in use. This Corrective Quitclaim Deed corrects rho Quitclaim Deed that was recorded in the land records ofLincolu County, Wyoming on May 16, 2014 in Book 832 at Page 599 as Receiving No. 976672, WITNESS my hand this 23! day of 31.4 e. 2014, 11111. of The Wim >erg vin TRUSTEE dated 21 March 2002 MARTHA CHRISTINE DITMARS WIMBERG, TRUSTEE of The Wimberg Living Trust dated 21 March 2002 STATE OF WYOMING SS. COUNTY OF '1bri ACKNOWLEDGED before me on this, the day of' nit e. 2014 by KURT ALAN WIMBERG and MARTHA CHRISTINE D1TMARS WIMBERG, TRUSTEES of The Wimberg Living Trust dated 21 March 2002. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of Staio of Lincoln �'y' Wyoming My Commission Expires: July 16 2016 My Commission expires: 1 1 ft •f EXHIBIT 'A" 1460:1 *Alba et the Sonllxatt coca ofLot2, also known as tan Caw West 1 /16 comas (an shown on Alptoo Vfl{ggoSobAri onNp. 7- Plat2Antoodallograauat8559191 }of5cdbmt19 Towralup37Nosih, YAP Wee; (bolt Prtacs'pa1blaldian,Wyo urasnnoln01 nto NeP':1740"47l' 555,s2 Ito along MO /161111a maid Inch tan rgd tat a 11achAla)Idtrunt c a p mutant I.2 wcwozwas i9"W 101 62fin' >i fang 1' pips m iaatic41Asl ti 11391547V 109,1d figs To ihdWgiti- at%wayofe Mitt Una rood; tlieticei1' feu roa natal 11 „53 5. taornotermltencoNST3i' SJ '3219.13 foot to Afbvod;ti:'9,I'• l5, niontitnoni; OA= i+ t7' 56' QJ” W36s es fog toa point ouUnd tram= (WM II.L1. mormy:wig thwoalda9'S9'40)3 496,79 fat to the Wait Ilan of old A1pIud Vasp Subdlvicton r 1p la$ rlmeadcct a+ homcttf5S9f91snW ppO�G6 et tataac,UUdNWI/f6end CW)/16oE a.$oetlon19 ><v sitovlgop vd SIIMAtiaU gla4Ihcaw$0'U0'Ul% along sold rmwd subtiMsion llao to Ust point ofboennIng 00 .E 0 KNOW ALL PERSONS BY TIIrS3 PRESENTS, that WJW HOLDINGS WY, LLC, a Wyoming,iimitcd liability company, P.O Box 3309, Alpine, Wyoming 83128, GRANTOR, for and In consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, In hand paid, receipt of which is hereby nolotowledged, CONVEYS AND WARRANTS to ALPINE AIRPARIC, LLC, a Wyoming limited liability company, P.O. 13ox 3309, /Wino, Wyoming 83128; GRANTER, and its successors and assigns, the, following described property altuato in the County of Lincoln, State of Wyoming, to wit: Lot 92 of Alpine Village Subdivision No. 1 Plat 2 Amended 10th Filing Amended, us shown on PlatNo. 930105 which was recorded in the land records of Lincoln County, Wyoming on Tune 6, 2007. Together with and including all improvements thorcon and all appurtenances and Iteredituments thereunto belonging. Subjootto all reservations, restrictions, exceptions, ovonrmts, conditions, oasemonts, and rights -of -way of record, in sight, ur In use. WITNESS my hand this v?1 day ofseptomber, 2013. RECEIVED 9/30/2013 at 1025 AM RECEIVING 973483 BOOK: 821 PAGE! 419 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY BYt STATE Or WYONMING SS, COUNTY OF LINCOLN ACKNOWLEDGED before me at this, the o�7 day of September, 2013 by WILLIAM J. WIEMANN, GENERAL PARTNER of WJW HOLDINGS, LLLP, a North Dakota Limited Liability Partnership, Manager of WJW HOLDINGS WY, LLC, a Wyoming limited liability company, pursuant to authority provided by said Company's Members. WITNESS my hand and official seal. MARY KIF.HNR• NOTARY PUBLIC Male of t3 ncol 0 1 ;i:! i amintl Lincoln �a fr My 0Qmmlaslon t:aplros 9oplember 27, £013 My Commission expires: `1/7/le WARRANTY DEED WILL nt MK 0419 W CUM GSWY',LLC, a Wyons limited liability comp by WJW LDINGS, LLLP, a North Da 1 Limited Liability Par n ship, Manager LP rNE1