HomeMy WebLinkAbout906220AGREEMENT TO GRANT ACCESS EASEMENT
THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN SALT RIVER
INVESTMENTS, LLC, PARTIES OF THE FIRST PART (PFP), AND JOHN M. CILUAGA
& LABERTA P. CILUAGA, HUSBAND & WIFE, PARTY OF THE SECOND PART,
(PSP), AND
WHEREAS, THE PSP WISHES TO OBTAIN A PERPETUAL NON-EXCLUSIVE
EASEMENT FOR INGRESS, EGRESS AND UNDERGROUND UTILITIES ON AND
OVER LANDS OWNED BY THE PFP, PERMITTING UNRESTRICTED ACCESS FROM
THE SOUTHWEST CORNER OF LANDS OWNED BY THE PSP TO THE NORTHWEST
CORNER OF LANDS OWNED BY THE PSP, ALL SAID LANDS BEING IN THE S ½ OF
SECTION 34, T35N.R. 119W., 6m PM., LINCOLN COUNTY, WYOMING, AND
WHEREAS, THE DESIRED ACCESS EASEMENT WOULD CONSIST OF A 60 FOOT-
WIDE CORRIDOR EXTENDING WEST FROM THE LINE CREATED BY STARTING
AT THE BLM TYPE MONUMENT FOUND MARKING MARLOWE A. SCHERBEL PLS
5368 2000 LOCATION FOR THE NORTHEAST CORNER OF THE NWl/4 OF SECTION
3 T34N R119W THENCE NORTH 1,323.37 FEET TO THE BLM TYPE MONUMENT
FOUND MARKING LLOYD B. BAKER PE/LS 698 2002 LABELLED T35N R119W,
CS1/16 S34, THAYNE, WYOMING.
WHEREAS, SAID EASEMENT CONVEYANCE IS TO BE MADE BY THE PFP IN
CONSIDERATION OF AND FOR THE FOLLOWING ACTIOONS TO BE FIRST
UNDERTAKEN AND COMPLETED BY THE PSP, NAMELY:
1)
EXECUTION AND DELIVERY OF THE PERPETUAL ACCESS AND
UNDERGROUND UTILITY EASEMENT GRANTED BY THE PSP TO THE PFP
AND ATTACHED HERETO AS EXHIBIT "A".
IN RETURN THE PFP AGREES TO EXECUTE AND DELIVER THIS PERPETUAL
ACCESS AND UNDERGROUND UTILITY EASEMENT, TO RUN WITH THE LAND
AND TO BE BINDING UPON THEIR HEIRS, ASSIGNEES, AND GRANTEES.
EASEMENT TO RUN WITH LAND
THIS GRANT OF EASEMENT SHALL RUN WITH THE LAND AND SHALL BE
BINDING ON AND SHALL INURE TO THE BENEFIT OF THE PARTIES TO THIS
AGREEMENT, THEIR RESPECTWE HEIRS, SUCCESSORS, OR ASSIGNS.
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RECEIVED 2/1/2005 at 2:38 PM
RECEIVING # 906220
BOOK: 578 PAGE: 214
JEANNE WAGNER
LINCOLN COUNTY CLERI: i ':"7'-i :~IERER, WY
NOTICES
ANY NOTICE PROVIDED FOR OR CONCERNING THIS AGREEMENT SHALL BE IN
WRITING AND BE DEEMED SUFFICIENTLY GIVEN WHEN SENT BY CERTIFIED
OR REGISTERED MAIL IF SENT TO THE RESPECTIVE ADDRESS OF EACH PARTY
AS SET FORTH AT THE BEGINNING OF THIS AGREEMENT.
GOVERNING LAW
IT IS AGREED THAT THIS AGREEMENT SHALL BE GOVERNED BY, CONSTRUED,
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
WYOMING.
ENTIRE AGREEMENT
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.
MODIFICATION OF AGREEMENT
ANY MODIFICATION OF THIS AGREEMENT OR ADDITIONAL OBLIGATION
ASSUMED BY EITHER PARTY 1N CONNECTION WITH THIS AGREEMENT SHALL
BE BINDING ONLY IF EVIDENCED IN WRITING SIGNED BY EACH PARTY OR AN
AUTHORIZED REPRESENTATIVE OF EACH PARTY.
IN WITNESS WHEREOF, EACH PARTY TO THIS AGREEMENT HAS CAUSED IT TO
BE EXECUTED ON THE DATE INDICATED BELOW.
SIGNED AND SEALED THIS g~q//~DAY OF-xJ~gA.t~,, 200~
PARTIES OF THE FIRST PART:
HN M. CILUAGA
Notary Public - Arizona
MOHAVE COUNTY
My Commission Expires
LABERTA P. CILUAGA d57'~
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SIGNED AND SEALED THIS ~"~ %AY OF
,200;~"
PARTIES OF THE 'SECOND PART:
SALT RIVER INVESTMENTS, LLC
BY'
COLTON BEHR, MANAGING MEMBER
Kay M. Dellen~
Notary Public for the State of Montana
Residing at Gallatin Gateway, Montana
My Commission Expires: ~-c~ D D
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AGREEMENT TO GRANT ACCESS EASEMENT
THIS AGREEMENT IS ENTERED INTO BY AND BETWE~ JOHN M. CILUAGA 8[
LABERTA P. CILUAGA, HUSBAND 8: WIFE, PARTIES OF THE FIRST PART (PFP),
AND SALT RIVER INVESTMENTS, LLC, PARTY OF THE SECOND PART, (PSP),
WHEREAS, THE PSP WISHES TO OBTAIN A PERPETUAL NON-EXCLUSIVE
EASEMENT FOR INGRESS, EGRESS AND UNDERGROUND UTILITIES ON AND
OVER LANDS OWNED BY THE PFP, PERM1TI'ING UNRESTRICTED ACCESS FROM
HIGHWAY NO. 89 TO LANDS OWNED BY THE PSP LYING WEST OF AND
ADJACEN:r TO THE LANDS OF THE PFP, ALL SAID LANDS BEING IN TIlE S ~ OF
SECTION 34, T.35N~lLllgW., 6TM PlvL, LINCOLN COUNTY, WYOMING, AND
WHEREAS, THE DESIRED ACCESS EASEMENT WOULD CONSIST OF A 33 FOOT-
WIDE CORRIDOR EXTENDING FROM THE WESTERLY RIGHT-OF-WAY LINE OF
THE AFORESAID HIGHWAY, ACROSS AND ALONG THE SOUTHERN 33 FEET OF
THE SE ¼ OF SAID SECTION 34 TO THE INTERSECTION OF THE NORTH-SOUTH
CENTERLINE OF SAID SECTION 34, AND
WHEREAS, SAID EASEMENT CONVEYANCE IS TO BE MADE BY THE PFP IN
CONSIDERATION OF AND FOR THE FOLLOWING ACTIONS TO BE FIRST
UNDERTAKEN AND COMPLETED BY THE PSP, NAMELY:
1) CONSTRUCTION OF INITIAL ROADWAY AND APPROACH FROM
AFORESAID HIGHWAY ALONG SAID EASEMENT. COMPLETED AND PAID
FOR BY THE PSP IN 2003.
2) ORDER AND PAY FOR ($1,500.00) TI-IE SURVEY OF LANDS PURCHASED BY
THE PFP AS WELL AS LEGAL WORK NECESSARY TO COMPLETE THE
pURCHASE OF LANDS BY THE PFP. COMPLETED AND PAID FOR BY THE
PSP IN 2002.
3) INSTALLATION OF 24 FEET OF 36 INCH SQUASI-W.D CULVERT PIPE WHERE
THE ACCESS ROADWAY WOULD CROSS THE HEBER-JAY DITCH. WORK
TO BE PERFORMED NO LATER THAN MAY 31, 2005 AND PAID FOR BY THE
PSP. FAILURE TO PERFORM THIS CONSIDERATION WOULD RESLFLT IN A
BREACH OF THIS AGREEMENT BY THE PSP.
4) AGREED ASSUMPTION BY THE PSP OF THREE-QUARTERS OF THE
ANNUAL COST OF MAINTAINING SAID ROADWAY, WITH INCLUSION OF
SAID SHARED MAINT~CE REQUIREMENT IN ANY SUBSEQUENT
CONVEYANCE OF THE LANDS OF THE PSP, WITH SAID COST-SHARING TO
BEGIN UPON THE EXECUTION AND DELIVERY OF THE REQUESTED
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ACCESS EASEMENT. SAID COST SHARING TO INCLUDE WINTER SNOW
TO BE ACCESSED BY THIS EASEMENT ABOVE THREIZ t'AKC, v.L,~ w
RESULT IN EQUAL COST SHARING BY NEW PARCEL OWNERS.
5) EXECUTION AND DELIVERY OF THE PERPETUAL ACCESS AND
UNDERGROUND UTILITY EASEMENT GRANTED BY THE PSP TO THE PFP
AND ATTACHED HERETO AS EXHIBIT ~A".
IN RETURN THE PFP AGREES TO EXECUTE AND DELIVER THIS PERPETUAL
ACCESS AND UNDERGROUND UTILITY EASEMENT, TO RUN WITH THE LAND
AND TO BE BINDING UPON THEIR HEIRS, ASSIGNEES, AND GRANTEES.
EASEMENT TO RUN ~ LAND
THIS GRANT OF EASEMENT SHALL RUN WITH THE LAND AND SHALL BE
BINDING ON AND SHALL INURE TO THE BENEFIT OF THE PARTIES TO THIS
AGREEMENT, THEIR RESPECTIVE HEIRS, SUCCESSORS, OR ASSIGNS.
NOTICES
ANY NOTICE PROVIDED FOR OR CONCERNING THIS AGREEMENT SHALL BE IN
WRITING AND BE DEEMED SUFFICIENTLY GIVEN WHEN SENT BY CERTIFIED
OR REGISTERED MAIL IF SENT TO THE RESPECTIVE ADDRESS OF EACH PARTY
AS SET FORTH AT THE BEGINNING OF THIS AGREEMENT.
GOVERNING LAW
IT IS AGREED THAT THIS AGREEMENT SHALL BE GOVERNED BY, CONSTRUED,
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
WYOMING.
ENTIRE AGREEMENT
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
AGREE~.
MODIFICATION OF AGREEMENT
ANY MODIFICATION OF THIS AGREEMENT OR ADDITIONAL OBLIGATION
ASSUMED BY EITHER PARTY IN CONNECTION WITH THIS AGREEMENT SHALL
Page 2 of 3
BE BINDING ONLY IF EVIDENCED IN WRITING SIGNED BY EACH PARTY OR AN
AUTHORIZED REPRESENTATIVE OF EACH pARTY.
IN WITNESS WHEREOF, EACH PARTY TO THIS AGREEMENT HAS CAUSED IT TO
BE EXECUTED Obi THE DATE INDICATED BELOW.
'
[:'~.~.-~4~ Notary Public- Arizona ~
· ..~1] MOHAVE COUNTY t' ~E~A P. CILU~GA
~....>: ?,3~t ~Y Commission Expire~[
SIGNED AND SEALED THIS ~ ~ :/~DAY OF cJ"~vtcrxF/
PARTIES OF THE SECOND PART:
BY:
,20
SALT RIVER INVES~TS, LLC
COLTON BEH1L, MANAGING MEMBER
llotary Public f,r th~ State of r,!cntana
Residing at Galls~n ~at~v~y, Ec. nlana
~y Commission ~p~rcs: tr)~ -~D I ~ ~¢) ~
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