HomeMy WebLinkAbout899623 : RECEIVED
RIGHT OF WAY AND RELINQUISHM-~II4¥.b'I~
TItlS
AGREEmm~.,,, is a-nad, and entered into 19-~..-tla~),6ftlCl~y~, 2004, by
and between Ridge Properties L.L.C., a Wyoming limited !iab[lity co~pany,.(','Ridge")
· ~ ' · .. ,'F/.:'-,
and Reinhart Edwards L~.L.C., a Wyoming limited habd~ty ¢'o~pany., (. Re'~art
Edwards"), regarding th]~ matters set forth herein, to-wit:
WHEREAS, Ridg~ filed a Final Plat of the Aspen Ridge Estates subdivision on
April 28, 2004, with the L~ncoln County Clerk, plat no. 237-B, ("Aspen Ridge");
WHEREAS, Ridge filed a Final Pat of the Meadow Ridge Estates subdivision on
April 28, 2004, with the: Lincoln County Clerk, plat no. 237-A, ("Meadow Ridge");
WHEREAS, on February 5, 1988, a certain Easement Agreement ("Easement 1")
was flied in book 259PR, page 455, of the County records of Lincoln County, Wyoming,
which has been acquired by Reinhart Edwards and, which grants Reinhart Edwards the
right to maintain a water well, reservoir and utility line across a portion of Aspen Ridge
and Meadow Ridge;
WItEREAS, under the terms of that certain Certificate of Purchase recorded in
book 419PR, page 385, a second easement ("Easement 2") was granted that is now
owned by Reinhart EdWards, which provides an access easement across a portion of
Aspen Ridge enabling Reinhart Edwards right of way access to the reservoir located on
the land purchased under the said Certificate of Purchase;
WHEREAS, under the master plan of Meadow Ridge as depicted on the Final P,.!iat
thereof, Ridge is constructing Ridge Park and its associated pond, which materially
impacts access to Easement 1 from the Reinhart Edwards property located adjacent to
and south of Meadow R~dge;
WHEREAS, Easement 2 materially impacts the configuration of Lot 3 of AsPen
Ridgei and,
WHEREAS, it is the intent of the Parties hereto to address the stated burdens to
these two easements and to create a satisfactory resolution to Same trader the terms
hereof.
NOW, THEREFORE, the parties desiring to be legally bound' do herebY agree as
follows: ~
Ridge will construct Meadow Ridge as per the Final Plat, including the
erection of a privacy fence along the southern boundary of Meadow
Ridge, which crosses Easement 1 thereby blocking the access of
Reinhart Edwards for routine maintenance of their water well.
Ridge hereby grants to Reinhart Edwards the right to enter Meadow
Ridge on Meadow Ridge Road and to cross Ridge Park in a direct line
to their water well located in Easement 1 for the purpose of conducting
maintenance operations thereon. Reinhart Edwards will make all
reasonable efforts to conduct such operations in such a manner as to
minimize the inconvenience of the Meadow Ridge residents and they
will keep Easement 1 free and clear of maintenance debris and
materials.
Reinhart Edwards hereby relinquishes and grants to Ridge that portion
of Easement 2, which is described on Exhibit "A" hereof. Ridge and
its successors in interest will not place a fence or other objects within
the retained portion of Easement 2, which will in any way impede the
access of Reinhart Edwards to its adjacent reservoir site.
1N WITNESS Wq-IEREOF, the parties hereby execute this instrmnent to be
effective on the date first above written.
Reinhart Edwards L.L.C.
)~y~ Ol-i~renc c(~rt ~l~m~ er/Manager
State of Wyoming
County of Lincoln
On this .5~ I day of May, 2004, before me appeared Jolm P. Briggs,
Member/Manager of Ridge Properties L.L.C., and executed the above and foregoing
instrument as the free act aTjd deed of the company.
Given under my hand and seal the date above written.
SEAL
My Commission Expires
Nota~ Public
750
State of Wyoming )
)
Cotinty of Lincoln )
On this ~46 day of May, 2004, before me appeared Clarence Reinhart,
Member/Manager of Reinhart Edwards L.L.C., and executed the above and foregoing
instrument as the free act and deed of the company, t~
Given trader my hand and seal the date above written.}..
SEAL
Notary Public
My Commission Expires
Professional Land Sun/ayor$
Paul N. Sche~'bel
Wyo. Reg~sh'alion No. 164
Ulah Regislral~on No. 1670
Idaho Regi$1raiion No. 3990
Nevada Re§islrallon No. 6805
Scolt A, Scha~bel
Wyo. Regislralion No, 3889
Idaho Ragisl(alion No. 8026
Ulah Regisl~'alion No. 372111
MARLOWE A. SCHERBEL
Wyo. Rag~slralion No. 5368
Sun~eyor Scherbel, LTD.
Alton. Wyoming
Big Piney, Wyoming
Jackson, Wyoming
Lava Hol Sp,qng$. Idaho
Monlpehe,', laano
DESCRIPTION FOR
RIDGE PROPERTIES, LLC
EASEMENT TO BE RELINQUISHED
BY CLARENCE REINHART
EXHIBIT A
To-wit:--
All of that easement of record in the Office of the Clerk of Lincoln County in Book 419 of
Photostatic Records, on page 385, lying and being situated within Lot 3 of the Aspen Ridge
Subdivision of record in said Office as Plat No. 237-B EXCEPT for that part of said easement
lying and being situated south of the 18' escape route easement and east of the southeast line of
the 10' Trail System Easement both as shown on said Plat within said Lot 3;
All in accordance with the attached exhibit titled: "EXHIBIT TO ACCOMPANY
DESCRIPTION FOR RELINQUISHMENT OF EASEMENT ACROSS PART OF LOT 3 OF
ASPEN RiDGE ESTATES WITHIN THE SW¼ NW¼SE¼ SECTION 20 T37N Rll8W
LINCOLN COUNTY, WYOMING", dated 24 May 2004.
"Modification in any way of the foregoing description terminates liability of the surveyor"
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