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HomeMy WebLinkAbout979830DITCH ACCESS DECLARATION AND EASEMENT AGREEMENT III 1. Grant and Declaration of Easement. For valuable consideration, TBB INVESTMENTS, LTD., a Utah limited partnership "Grantor does hereby (a) give, grant, bargain, and convey to C FIVE INVESTMENT, LC, a Utah limited liability company "C Five and its successors and assigns, (b) reserve unto itself and its successors and assigns, as the owner of a portion of the Benefitted Property, as hereafter defined, a non exclusive permanent easement and right -of -way for access to that portion of the Francis Larson Ditch (the "Ditch that is located on the property described on the attached Exhibit A "Grantor's Property including the access point of the Ditch to the South Fork River; together with the right to improve, repair and maintain continuously upon, over, and across Grantor's Property, the Ditch; together with the right at all times to enter upon said premises for the purpose of inspecting said Ditch, making repairs, renewals, alterations and extensions thereon and for all purposes incidental thereto, solely across, through and over the Grantor's Property (the "Easement The Easement granted herein is for the benefit of C Five, Grantor and any future owner (collectively, "Grantee of the property described on the attached Exhibit B, which is incorporated herein by this reference (the "Benefitted Property"). 2. Non Exclusive Easement. Grantor reserves the express right to use and enjoy the Grantor's Property for any purpose that does not unreasonably interfere with the Easement, including the right to grant additional easements for utilities or otherwise on and within the Grantor's Property; provided that Grantor shall (or shall cause the grantee of such additional easements to) restore any damage to the Ditch caused by Grantor's use of the Grantor's Property to the condition the same were in immediately prior to such damage. 979830 12/22/2014 4:13 PM LINCOLN COUNTY FEES: $27.00 PAGE 1 OF 6 1 BOOK: 845 PAGE: 220 EASEMENT JEANNE WAGNER LINCOLN COUNTY CLERK 1111111111111111111111 IIIIIIII IIitIIIII IIIII 11111 IIIII 111111111111111111 3. Authority. Grantor hereby represents and warrants that it is the owner of the Grantor's Property and that this Easement Agreement and the individual executing this Easement Agreement on behalf of Grantor have been duly authorized and that by the execution hereof, Grantor is bound by all of the terms and conditions hereof. Grantee hereby represents and warrants that it is the owner of the Benefitted Property and that this Easement Agreement and the individual executing this Easement Agreement on behalf of Grantee have been duly authorized and that by the execution hereof, Grantee is bound by all of the terms and conditions hereof. 4. Use of Ditch. Grantee acknowledges that Grantor has the right to use the Ditch with respect to the Grantor's Property, and that Grantor shall use the Ditch jointly with Grantee in accordance with existing law and custom. 5. Assignment. Grantee shall have the right to assign this Easement Agreement and its rights hereunder to any party that is the owner of the Benefitted Property, or any portion thereof. 6. Binding Effect. It is agreed that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions and shall be binding on the parties hereto and their respective representatives, heirs, successors and assigns. 7. Counterparts. This Easement Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. This Easement Agreement is executed and granted unto Grantee to have to hold said easement and right -of -way unto Grantee, and unto its successors and assigns forever. Remainder of Page Intentionally Left Blank Signatures on Following Page 2 GRANTOR: TBB INVESTMENTS, LTD., a Utah limited partnership By: GRANTEE: By: C FIVE INVESTMENT, LC, a Utah limited liability company STATE OF k ss. COUNTY OF Q G.0 v S The foregoing instrument was acknowledged before me by "dv..�`o ck,2.0 as the 6e m TBB Investments, Ltd., a Utah limited partnership. STATE OF NaL ss. COUNTY OF D WITNESS my hand and official seal. My commission expires: 1 40 WITNESS my hand and official seal. My commission expires:e tt 4 SHERRIE TRYTHALL Notary Public State of Utah My Commission Expires on: July 26, 2015 Comm. Number: 611957 The foregoing instrument was acknowledged before me by( R 1(J as the nOPOSer of C Five Investment, LC, a Utah limited liabil company. SHERRIE TRYTHALL Notary Public State of Utah My Commission Expires on: July 26, 2015 Comm. Number: 611957 EXHIBIT A Description of Grantor's Property The following property located in Lincoln County, State of Wyoming: Resurvey Township 27 North, Range 118 West of the 6 P.M., Lincoln County, Wyoming Tracts 61, 62 and 63. EXHIBIT B Description of Benefitted Property The following property located in Lincoln County, State of Wyoming: Resurvey Township 27 North, Range 118 West of the 6 P.M., Lincoln County, Wyoming Tracts 66, 72, 73, 74 and 75.