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ROAD WA Y MAINTENANCEt!&c i i ,NC I Ri<
THIS ROAD WAY MAINTENANCE A~REEMEN~..madB_this..Z~7~r.day of April,
2004, by and between Mary Louise Carlson, a single woman, and Ly~ Talarico, a single woman
as joint tenants with rights of survivorship, of 1528 34th Street, Missoula, Montana 59801
(hereafter, "Carlso~Talarico") and Kathleen K. Charles, a single woman, of P.O. Box 2025,
Jackson, Wyoming 83001 (~: ereafler, "Charles").
WHEREAS, Carlson/Talarico are the owners of property in Etna Wyoming, 'said
property more particularly described in the W~irranty Deed that was recorded in the Lincoln
County, Wyoming land records in Book 526 PR at Page 381 as lnstrmnent No. 891434 on July 8,
2003 (hereafter, the "Carlson/Talarico Property"); and
WIfEREAS, Charles is the owner of property in Etna, Wyoming, said property more
particularly described in thc Corrective Warranty Deed that was recorded in fl~e Lincoln County,
Wyoming land records in Book 526 PR at Page 380 as Instrument No. 891433 on July 8, 2003
(hereafter, the "Charles Property"); and
WHEREAS, the Property and the Charles Property are all subject to and/or benefit from
an easement for ingress, egress, and utilities, said easement being more particularly described in
an Agreement Vacating Existing Right-of-Way Easement and Establishing New Right-of-Way
Easement, recorded in the Lincoln County, Wyoming land records in Book ~'5't( PR at Pages
Z,(~- 2/~as Instrument No. ~'?¢/'~' ~ on A~_'//, 2004 (hereafter, the "Easement"); and
ROAD WAY MAINTENANCE AGREEMENT
CA R LSON/TALARICO / CHARLES
PAGE 10 ~
...... F?
WHEREAS, the parties wish to cooperate in the care and maintenance of the private
road way that is constructed within the Easement, hence, this road way maintenance agreement
(hereafter, "the RMA") has been developed
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00), receipt of
which is acknowledged, and other valuable consideration, including the promises made herein,
Carlson/Talarico and Charles hereby mutually agree as follows:
1. ANNUAL CONSULTATION. To consult ammally, on or around April 15 of
each year; to discuss ~he condition of the road; to formulate plans, if any, to care for, maintain,
and improve the road way; to plan for annual snow plowing; to review expenditures fi'om the
previous year's activities; and to select a custodian to coordinate activities and handle finances
relating to the RMA.
2. THE RMA CUSTODIAN; The property owners subject to this RMA will elect
a RMA Custodian to collect monies for and disburse monies from the RMA. The Custodian will
be a property owner subject to this RMA. Each property owner shall have one (1) vote for each
lot owned. Upon election of the Custodian, the funds collected will be disbursed to the custodian
for deposit into the bank account established for this RMA.
3. SHARING OF EXPENSES. The property owners subject to this RMA agree
that it is in the best interest that said private road way shall be maintained in good and passable
condition as a gravel drive way and that they will share in the cost of maintaining said private
road way to Lincoln County Class "C" requirements and share such expenses are agreed-upon
for the RMA. The sharing of expenses shall generally be proportionate to the ownership of
]tOAD WAY MAINTENANCE AGREEMENT
CARLSON/TALARICO / CHARLES
PAGE 2 OF 7
property (ownership meaning property interest, not acreage), but no sharing of expenses shall be
required until such time as there is construction on a property. This RMA is intended to be
binding on all parties who own property or residences along said private road way their heirs and
assigns, as well as any t'utur~ owner who is given rights to said private road way.
4. ANNUAL FEE. A fee of $200.00 (per lot served by the road way) for each year will be
collected fi'om the undersigned once a calendar year (prorated when construction is begun during
a calendar year) to provide for private maintenance. In the event additional money is needed to
maintain or improve the private road way, a majority vote of all the owners who use the road
way must agree in writing of any additional assessment over the $200.00 annual fee. In the
event it is necessary to take legal action to enforce any term of this RMA, the prevailing party
shall be entitled to collect reasonable attorney's fees for enforcement of this RMA. In the event
any of the parcels served by the private road way is subdivided, and the new tract also utilizes
the private road way for access, each new owner will be obligated to pay the $200.00 annual
maintenance fee and will be bound by all other terms and conditions of this RMA.
5. PAYMENT OF EXPENSES. To contribute funds, as agreed upon, to a bank
account established for the payment of easement expenses. Said account shall be under the
management and control of the custodian, selected as provided herein, and said custodian shall
be responsible for maintainihg an accounting of all income into said account and all expenditures
therefi'om. Any property owner participating in this RMA shall be entitled to an accounting of
the account, semi-annually, or upon request.
6. LIMITATION ON OBLIGATIONS ASSUMED. To hold any party hereto
harmless for the costs of any RMA expenses tha~ have not beeu approved as provided herein by
ROAD WAY MAINTENANCE AGREEMENT
CARLSON/TALARICO / CHARLES
PAGE 3.OF 7
494
such party. This limitation shall not be deemed to prevent any party from assuming any RMA
costs at his or her sole expense but it shall preclude such person from requiring reimbursement
therefor from other property owners.
7. ROAD WAYWAY NOT TO BE OBSTRUCTED. This RMA is subject to the
limitation in the recorded Easement, which states that except for temporary obstructions required
for the purposes of maintaining and improving the Easement, and installing and maintaining
underground utilities therein, the Easement shall not be obstructed in any manner that would
impede free ingress and egress to and from the parties' properties.
IN WITNESS WHEREOF, each party to this RMA has caused it to be executed and
effective on the date first written above.
[Separate signature pages follow.]
ROAD WAY MAINTENANCE AGREEMENT
CARLSON/TALARICO / CIIARLES
PAGE 4 OF 7
't95
MA~R~L~O UIS E CARLSON
STATE OF PENNSYLVANIA )
) SS.
COUNTY OF CENTRE )
ACKNOWLEDGE.D before me by Mary Louise Carlson this ~, ~ day of April, 2004.
WITNESS my hand and official seal.
My Commission expires:
ROAD WAY MAINTENANCE AGREEMENT
CARLSON/TA !~ .... ,-'
~f) / CHARLES
LVlqffq TAL~,iCO
STATE OF MONTANA )
) ss.
COUNTY OF MISSOULA )!
ACIGNOWLEDGED before me by Lynn Talarico this ,:v~ 7'/~day of April, 2004.
WITNESS my hand and official seal.
'"~I'AI~ PUBLIC ' "- O/~
My Commission expires:
LINDA F. RILEY
NOTARY PUBLIC [or lhe Stale of Montana
Residing al Missoula, Monlana
My Commission Expires Seotember 28, 2007,
ROAD WAY MA1NTEN,4NCE AGREEMENT
CARLSON/TA !ii O / CHARLES
KATHLEEN K. CHARLES
STATE OF WYOMING )
) ss.
COUNTY OF TETON )
ACKNOWLEDGED before me by Kathleen K. Charles this
WITNESS my hand and official seal.
My Commission expires:
NOTARY PUBLIC
~q
day of April, 2004.
ROAD WAY MAINTENANCE AGREEMENT
CARLSON/TALARICO / CHARLES
PA GE 7 OF 7