HomeMy WebLinkAbout903978 RECEIVED
LINCOLN COUNTY CLERK
01, OCT 2 1 ~ l l: 0 '~
JEANNE WAGNER
This agreement, made the ,~¢~/day of October, 2uu4, by and between
RIGOBERTO CHAPARRO and LISA KAYE CHAPARRO, husband and wife of 3094
West 12875 South, Riverton, UT 84065, County of Salt Lake, State of Utah; PAUL
N. SCHERBEL LIVING TRUST, Dated November 11th, 1992 of 645 Piney Drive,
County of Sublette, State of Wyoming; MARLOWE A. SCHERBEL of 91 Pine Lane,
Afton, Wyoming 83110, County of Lincoln, State, of Wyoming; STAR VALLEY
DENTAL, PC, A Wyoming Corporation of 725 North Washington, Afton, Wyoming
83110, County of Lincoln, State of Wyoming; and RANDY and HEATHER
THOMPSON of 505 Twin Cliffs Road, Afton, Wyoming, County of Lincoln, State of
Wyoming.
RECITALS
A. The undersigned parties to this agreement are the owners of/or have an
interest in adjoining lands located in Lincoln County, State of Wyoming, consisting of
four parcels; and
B. RIGOBERTO CHAPARRO and LISA KAYE CHAPARRO are the owners of
the property commonly indicated as "Parcel A" in the plat titled "Rigo Chaparro and
Lisa Chaparro Plat of Boundary Adjustment of Parcel A and Parcel B in the
S½N¼N½SW¼NW¼ Section 19 T32N R118W within the North Afton Water and
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Sewer District Annexation to the Town of Afton, Lincoln County, Wyoming,"
hereafter referred to as Rigo and Lisa Chaparro's land;
C. RANDY and HEATHER THOMPSON have an installment contract, also
known as Contract for Deed in the Rigo Chaparro and Lisa Chaparro land, as
described herein, referred to as Randy and Heather Thompson's interests; and
D. The PAUL N. SCHERBEL LIVING TRUST, Dated November 11th, 1992, as
the owners of the property commonly indicated as "Parcel B" in the plat titled "Rigo
Chaparro and Lisa Chaparro Plat of Boundary Adjustment of Parcel A and Parcel B
in the S¼N½N½SW¼NW¼ Section 19 T32N R118W within the North Afton Water
and Sewer District Annexation to the Town of Afton, Lincoln County, Wyoming,"
hereafter referred to as The Paul N. Scherbel Living Trust, Dated November 11th,
1992 land; and
E. MARLOWE A. SCHERBEL is the owner of property described in Book 560,
Page 102, of the official records of the Lincoln County Clerk, for and in the County of
Lincoln, State of Wyoming, also described on the plat titled "Rigo Chaparro and Lisa
Chaparro Plat of Boundary Adjustment of Parcel A and Parcel B in the
S½N½N½SW¼NW¼ Section 19 T32N R118W within the North Afton Water and
Sewer District Annexation to the Town of Afton, Lincoln County, Wyoming,"
hereafter referred to as Marlowe A. Scherbel's land.
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F. STAR VALLEY DENTAL, PC, A Wyoming Corporation, is the owner of
property described in Book 465, Page 137 of the official records of the Lincoln
County Clerk, for and in the County of Lincoln, State of Wyoming, also described on
the plat titled "Rigo Chaparro and Lisa Chaparro Plat of Boundary Adjustment of
Parcel A and Parcel B in the S½N½N½SW¼NW¼ Section 19 T32N R118W within
the North Afton Water and Sewer District Annexation to the Town of Alton, Lincoln
County, Wyoming."
G. The undersigned parties to this agreement desire to access their respective
properties along that easement and roadway shown on the plat titled: "Rigo
Chaparro and Lisa Chaparro Plat of Boundary Adjustment of Parcel A and Parcel B
in the S¼N¼N¼SW¼NW¼ Section 19 T32N R118W within the North Afton Water
and Sewer District Annexation to the Town of Afton, Lincoln County, Wyoming," and
identified as:
The South twenty-five (25) feet of the N½N¼N½SW¼NW¼
Of said Section 19;
AND
The North thirty-five (35) feet of the S½N¼N¼SW¼NW¼
Of said Section 19.
H. The undersigned parties intend that the roadway easement will be available
to the undersigned parties, their heirs and assigns and is to run with the land.
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I. The undersigned parties intend that the common roadway easement is to both
burden and benefit the parcels and land' as shown on the plat titled "Rigo Chaparro
and Lisa Chaparro Plat of Boundary Adjustment of Parcel A and Parcel B in the
S¼N½N½SW¼NW¼ Section 19 T32N R118W within the North Afton Water and
Sewer District Annexation to the Town of Afton, Lincoln County, Wyoming."
J. The parties desire that, at such time any improvement to the roadway
easement is made, the cost is to be shared proportionately between Star Valley
Dental PC, The Paul N. Scherbel Living Trust, Dated November 11th, 1992, and
Marlowe A. Scherbel or their successors in interest. The payment of the shared
cost is to be born by the party instigating the improvements and shall be reimbursed
at a later date by the hereinstated other parties as they divide, develop or use their
property and to use the roadway as agreed upon by the parties. The costs of these
roadway improvements include, but are not limited to, the relocation of the existing
fence when needed to make improvements on the common roadway.
K. The parties intend that the cost of moving the approach from US Hwy 89 to
the property owned by Rigo Chaparro and Lisa Chaparro, to the common roadway
easement, is to be born separately by Rigo Chaparro and the Paul N. Scherbel
Living Trust, Dated November 11th, 1992 and Marlowe A. Scherbel or their
successors in interest.
L. The parties intend that once the common roadway easement is improved,
each of the parties shall maintain the roadway easement and the ways of access to
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it on the property belonging to each, and each of the parties shall contribute to the
maintenance of the roadway easement Proportionately for their share.
M. The parties intend that the roadway easement as shown on the plat titled,
"Rigo Chaparro and Lisa Chaparro Plat of Boundary Adjustment of Parcel A and
Parcel B in the S½N½N½SW¼NW¼ Section 19 T32N R118W within the North
Afton Water and Sewer District Annexation to the Town of Afton, Lincoln County,
Wyoming," shall include the right of egress, ingress and utilities, both above and
below ground.
N. The parties intend that sewer, water, telephone and other utilities related to
their individual property, shall be utilized and may be placed in any reasonable
manner upon the common easement, not interfering with the reasonable use of the
other property owners to this agreement.
SECTION ONE
COMMON EASEMENT
1. The undersigned parties, their heirs, successors, and assigns, hereby grant
and convey a non-exclusive perpetual easement for ingress, egress and above
ground and underground utilities in favor of their real property described herein, the
easement hereby benefitting and burdening the property described herein, and the
perpetual easement being more particularly described as follows:
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That sixty (60) foot access and utility easement, being shown
on the plat titled, "Rigo Chaparro and Lisa Chaparro Plat of
Boundary Adjustment of Parcel A and Parcel B in the
S¼N½N~SW¼NW¼ Section 19 T32N R118W within
the North Afton Water and Sewer District Annexation to
the Town of Alton, Lincoln County, Wyoming," identified
as:
The South twenty-five (25) feet of the N½N¼N¼SW¼NW¼
Of said Section 19;
AND
The North thirty-five (35) feet of the S½N½N½SW¼NW¼
Of said Section 19.
said description being made part of this document by
reference and incorporation as if set fully herein.
2. The irrevocable rights and interests granted and conveyed in this common
easement agreement shall allow each owner, its successors and assigns and the
tenants occupying of any appurtenant properties, to use the herein described
common easement. Each undersigned 'owner, on behalf of itself, its successors and
assigns, covenants to the other parties through this agreement, their successors
and assigns, and the tenants of any appurtenant property, that they shall have an
eaSement and right-of-way access for ingress and egress across the herein
described easement.
3. The parties understand and agree that the easement created by this
document may be used to install utilities, including water, sewer, power, telephone
and other utilities, both above and below the ground, to access their herein
described land of the parties, their heirs, successors and assigns.
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4. The herein described easement is created for the purposes for vehicular and
construction access and ingress and egress to and from US Hwy 89. The herein
created common easement is to be mutually enjoyed by each party, their heirs,
successors and assigns and tenants of the parties.
SECTION TWO
MAINTENANCE OF COMMON EASEMENT
1. At such time as any improvement to the common easement is initially made,
the cost is to be shared proportionately between Star Valley Dental PC, The Paul N.
Scherbel Living Trust, Dated November 11th, 1992, and Marlowe A. Scherbel or their
successors in interest. The initial payment of the shared cost is to be born by the
party instigating the improvements and to be reimbursed at a later date by
agreement of the parties as they divide, develop and use the property and the
roadway.
2. The costs associated with moving the access approach from US Hwy 89 now
located on the land owned by Rigo and Lisa Chaparro to the common easement,
shall be equally divided between Rigo and Lisa Chaparro as a land owner and The
Paul N. Scherbel Living Trust, Dated November '1 ltr;, 1992, as a land owner and
Marlowe A. Scherbel, as a land owner, or their heirs, successors and assigns.
3. After the initial construction and improvements of the common easement,
each owner shall pay a proportionate share of the costs and expenses of repair,
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maintenance and snow removal over the common easement based upon his lineal
feet of frontage along the common easement.
SECTION THREE
MISCELLANEOUS
1. The mutual promises and agreements of the undersigned parties shall serve
as sufficient consideration and payment under this agreement.
2. The parties, their heirs, successors and/or assigns, shall not use the
easement or obstruct the herein described easement in any way that will impair the
rights of the other parties, their heirs and assigns, in the enjoyment and use of the
easement.
3. The common grant of easement shall run with the land and shall be binding
on and shall inure to the benefit of the parties of this agreement, their respective
heirs, successors, and/or assigns.
4. Each of the undersigned parties agrees to indemnify and hold the others
harmless from and against any and all liability for personal injury or property
damage, when such injury or damage is a result from, or arises out of, or is
attributable to any use, maintenance or repair undertaken by one party.
5. The parties expressly understand and agree, as a consequence of entering
into this agreement for themselves, their successors and assigns, and on behalf of
all tenants, guests of tenants, agents, employees, and business and/or residential
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invitees, that no party to this agreement shall have any liability to any other party or
any other person or party for any damage or injury in connection with the shared
facilities located on any land other than the one owned by the respective party as a
consequence of entering into this agreement or any of the actions taken in
performance of this agreement. Each party will hold the other owners harmless from
any and all liabilities or costs incurred in connection with the easements and the
facilities subject to this agreement, such as utility pipes or lines.
6. In absence of a written agreement between the parties, usage of the shared
facilities and of the easements, rights, and licenses that are established under this
agreement shall, be in accordance with such reasonable usage as is normal and
customary for residential and/or commercial projects of the type now owned or to be
constructed and operated by the parties.
7. Any dispute, controversy or claim arising out of or in connection with or
relating to this agreement or any breach or alleged breach of this agreement shall,
on the request of one of the parties, be submitted to and settled by arbitration as
follows: Each affected party shall select a person not related to, or affiliated with the
selecting party and the selection shall be made within 30 days after the request for
arbitration. The arbitrators so selected shall choose one additional independent
arbitrator and then render a decision within 30 days after the selection. The costs of
the arbitrators and the arbitrators' fees, if any, shall be shared equally by the parties
to the arbitration; provided, however, that the arbitrators in their sole discretion may
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allocate costs and fees to one of the parties to the arbitration if they believe that one
of the parties unreasonably caused a diSpute, controversy or claim to be submitted
to arbitration. Each party shall be responsible for experts and attorneys engaged by
the party on its behalf. A decision of a simple majority of the arbitrators shall be
determinative. Any decision rendered by arbitrators shall be final and conclusive on
the parties and a judgment on the decision may be entered in Lincoln County Court
for and in behalf of the State of Wyoming.
8. With respect to the property owned by it, each party agrees to indemnify and
hold the others harmless from all claims of every kind, of every person, including
without limitation, employees of the indemnifying party, contractors, tenants of the
indemnifying party, and subtenants or concessionaires of any tenants, and
employees, guests and business invitees of any tenants, subtenants or
concessionaires, which claims arise from or out of the construction, use, occupancy,
or possession of the property owned by the indemnifying party.
9. It is agreed that this agreement shall be governed by, construed and enforced
in accordance with the laws of the State of Wyoming.
10. This agreement shall constitute 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 upon either party except to the extent incorporated in
this agreement.
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11. Any modification of this agreement or additional obligation assumed by any
party in connection with this agreement,'shall be binding only if evidenced in writing,
signed by each party, or by an authorized representative of each party.
12. The failure of any party to this agreement to insist upon the performance of
any of the terms and conditions of this agreement or the waiver or of any breach of
any of the terms and conditions of this agreement, shall not be construed as
thereafter waiving any such terms and conditions, but the same shall continue and
remain in full force and effect, as if no forbearance or waiver had occurred.
13. The undersigned parties, being grantors, hereby waive and release any and
all rights to the described easement under and by virtue of the homestead
exemption laws of the State of Wyoming.
IN WITNESS WHEREOF, each party to this agreement has caused it to be
executed on the date indicated below.
DATED this ~ day of October, 2004.
I"I~;A KAYE RRO
RIGOBE~HAPARRO
Bowers & Associates Law Offices, PC
106 Hospital Lane
Post Office Box 1550
Afion, Wyoming 83110-1550
BY:
PAUL N. SCHERBEL LIVING TRUST
Dated November 11th, 1992
Paul N. Scherbel, Trustee
Common Easement l I of 14
' 0465
11. Any modification of this agreement or additional obligation assumed by.any
party in connection with this agreement, shall be binding only if evidenced in writing,
signed by each party, or by an authorized representative of each party.
12. The failure of any party to this agreement to insist upon the performance of
any of the terms and conditions of this agreement or the waiver or of any breach of
any of the terms and conditions of this agreement, shall not be construed as
thereafter waiving any such terms and conditions, but the same shall continue and
remain in full force and effect, as if no forbearance or waiver had occurred.
13. The undersigned parties, being grantors', hereby waive and release any and
all rights to the described easement under and by virtue of the homestead
exemption laws Of the State of Wyoming.
IN WITNESS WHEREOF, each party to this agreement has caused it to be
executed on the date indicated below.
DA TED this ~ day of October, 2004.
RIGOBERTO CHAPARRO
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106 Hospital Lane
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Afton, Wyoming 83110-1550
LISA KAYE CHAPARRO
PAUL N. SCHERBEL LIVING TRUST .........
Dated November 11th, 1992
Paul N. Scherbel, Trustee
Common Easement 11 of 14
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STAR VALLEY DENTAL, PC
//,~Wner ~
HEATHER THOMPSON ' /" ~'~
STATE OF WYOMING
COUNTY OF LINCOLN
)
)ss.
)
The foregoing instrument was acknowledged to before me by RIGOBERTO
CHAPARRO and LISA KAYE CHAPARRO on the I day of October, 2004.
WITNESS my hand and official seal.
My commission expires:
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106 Hospital Lane
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Afion, Wyoming 83110-1550
NOTARY
Common Easement 12 of 14
· -,-0487
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
1",_ _ day of October, 2004,.by PAUL
SUBSCRIBED AND SWORN to me this
N. SCHERBEL who appeared before me and were personally known to me, who being
duly sworn and upon oath represented that he was tile TRUSTEE of the PAUL N.
SCHERBEL LIVING TRUST, Dated November 1 l'h. 1992, and that the instrument was
signed on behalf of the Trust by the authority of the Trustee, and that he executed the
instrument on behalf of the PAUL N. SCHERBEL LIVING TRUST, Dated November
11% 1992, to be the free act and deed of the Trust.
'~ ~,'_-:!al seal.
aamie DeCora-N TO &ay PUBLIC - }
County of ~ State of i
' L'nc°'a I1~ WyomtngI
.k,l[Commlssion Explres~l~' ,
NO~:ARY PUBLIL;
STATE OF WYOMING )
)SS.
COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by '-"~¢ko.(~-.
~,~'~'v,,,, , who appeared before me and was personally known to me, and was
by whom duly sworn and upon oath represented that he/she was the Owner of STAR
VALLEY DENTAL, PC, that the instrument was signod on behalf of STAR VALLEY
DENTAL, PC, by the authority of the board of directors or trustees thereof,
acknowledged the instrument to be t October, he free act and deed of STAR VALLEY
DENTAL, PC, this 5% day of October, 2004.
My Commission Expires:
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WITNESS my hand and official seal.
NOTARY PUBLIC
Common Easen' ;?'.~f 14
0~03~?S
0468
STATE OF WYOMING
COUNTY OF LINCOLN
)
)ss.
)
The foregoing instrument was acknowledged to before me by MARLOWE A.
SCHERBEL and CONNIE SCHERBEL on the ~',' ' day of October, 2004.
WITNESS my hand and official seal.
My commission expires:
I\-
NOTARY PUBLIC
STATE OF WYOMING
COUNTY OF LINCOLN
)
)ss.
)
The foregoing instrument was acknowledged to before me by RANDY
THOMPSON and HEATHER THOMPSON on the t~-~ day of October, 2004.
WITNESS my hand and official seal.
My commission expires:
NOTARY PUBC-JC
Bowers & Associates Law Offices, PC
106 Hospital Lane
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Afion, Wyoming 83110-1550
Common Easement 14 of 14