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Home My WebLink About906489 RECEIVED 2/15/2005 at 10:50 AM RECEIVING # 906489 BOOK: 579 PAGE: 2 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY · .,~4EMENT AGREEMENT THIS AGREEMENT IS MADE EFFECTIVE AS OF FEBRUARY/.0_5005 BY AND BETWEEN SALT RIVER INVESTMENTS, LLC, (GRANTOR), AND JOHN M. CILUAGA & LABERTA P. CILUAGA, HUSBAND & WIFE, (GRANTEE), AND WHEREAS, THE GRANTEE IS GRANTED A PERPETUAL NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UNDERGROUND UTILITIES ON AND OVER LANDS OWNED BY THE GRANTOR, PERMITTING UNRESTRICTED ACCESS FROM THE SOUTHWEST CORNER OF LANDS OWNED BY THE GRANTEE TO THE NORTHWEST CORNER OF LANDS OWNED BY THE GRANTEE, ALL SAID LANDS BEING IN THE S ½ OF SECTION 34, T35N.R. 119W., 6m PM., LINCOLN COUNTY, WYOMING, AND WHEREAS, THE ACCESS EASEMENT CONSISTS 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 MADE BY THE GRANTOR IN CONSIDERATION OF AND FOR THE FOLLOWING ACTIONS TO BE FIRST UNDERTAKEN AND COMPLETED BY THE GRANTEE, NAMELY: 1) EXECUTION AND DELIVERY OF THE PERPETUAL ACCESS AND UNDERGROUND UTILITY EASEMENT GRANTED BY THE GRANTEE TO THE GRANTOR AND ATTACHED HERETO AS EXHIBIT "A". IN RETURN THE GRANTOR DELIVERS 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 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 Page 1 of 2 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 IN 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. OLTON BEHR, MANAGING MEM-"BER OF SALT RIVER INVESTMENTS, LLC STATE OF MONTANA ) )ss COUNTY OF GALLATIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY COLTON BEHR, MANAGING MEMBER OF SALT RIVER INVESTMENTS, LLC THIS DAY OF FEBRUARY, 2005. WITNESS MY HAND AND OFFICIAL SEAL ,)oh mc L ssl MY COMMISSIOI'~E~P~.,~. ! ~ N°tary Public f°r the State of ~lontaaa % .X\ .."_ .# Residing at Bo..z.e~an, Montana _ -"'~ Page 2 of 2 EASEMENT AGREEMENT THIS AGREEMENT MADE EFFECTIVE AS OF FEBRUARY , 2005 BY AND BETWEEN JOHN M. CILUAGA & LABERTA P. CILUAGA, HUSBAND & WIFE, (GRANTOR), AND SALT RIVER INVESTMENTS, LLC, (GRANTEE), AND WHEREAS, THE GRANTEE IS GRANTED A PERPETUAL NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UNDERGROUND UTILITIES ON AND OVER LANDS OWNED BY THE GRANTOR, PERMrI'TING UNRESTRICTED ACCESS FROM HIGHWAY NO. 89 TO LANDS OWNED BY THE GRANTEE LYING WEST OF AND ADJACENT TO THE LANDS OF THE GRANTOR, ALL SAID LANDS BEING 1N THE S ½ OF SECTION 34, T.35N.R. 119W., 6va PM., LINCOLN COUNTY, WYOMING, WHEREAS, THE ACCESS EASEMENT CONSISTS 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 MADE BY THE GRANTOR IN CONSIDERATION OF AND FOR THE FOLLOWING ACTIONS TO BE UNDERTAKEN AND COMPLETED BY THE GRANTEE, NAMELY: 1) 2) 3) CONSTRUCTION OF INITIAL ROADWAY AND APPROACH FROM AFORESAID HIGHWAY ALONG SAID EASEMENT. COMPLETED AND PAID FOR BY THE GRANTEE IN 2003. ORDER AND PAY FOR ($1,500.00) THE SURVEY OF LANDS PURCHASED BY THE GRANTOR AS WELL AS LEGAL WORK NECESSARY TO COMPLETE THE PURCHASE OF LANDS BY THE GRANTOR. COMPLETED AND PAID FOR BY THE GRANTEE IN 2002. ASSUMPTION BY THE GRANTEE OF THREE-QUARTERS OF THE ANNUAL COST OF MAINTAINING SAID ROADWAY, WITH INCLUSION OF SAID SHARED MAINTENANCE REQ~ IN ANY SUBSEQUENT CONVEYANCE OF THE LANDS OF THE GRANTEE, WITH SAID COST- SHARING TO BEGIN UPON THE EXECUTION AND DELIVERY OF THE REQUESTED ACCESS EASEMENT. SAID COST SHARING TO INCLUDE WINTER SNOW REMOVAL AS AND IF REQUIRED. ADDITIONAL SPLITS OF THE GRANTEE LAND TO BE ACCESSED BY THIS EASEMENT ABOVE THREE PARCELS WOULD RESULT IN EQUAL COST SHARING BY NEW PARCEL OWNERS. Page 1 of 3 0(';~ 4) EXECUTION AND DELIVERY OF THE PERPETUAL ACCESS AND UNDERGROUND UTILITY EASEMENT GRANTED BY THE GRANTEE TO THE GRANTOR AND ATTACHED HERETO AS EXHIBIT "A". IN RETURN THE GRANTOR DELIVERS 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 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 MAII. 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 IN CONNECTION WITH THIS AGREEMENT SHALL BE BINDING ONLY IF EVIDENCED IN WRITING SIGNED BY EACH PARTY OR AN AUTHORIZED REPRESENTATIVE OF EACH PARTY. Page 2 of 3 IN WITNESS WHEREOF, EACH PARTY TO THIS AGREEMENT HAS CAUSED IT TO BE EXECUTED ON THE DATE INDICATED BELOW. JOHN M. CILUAGA LABERTA P. CILUAGA STATE OF ARIZONA ) )ss COUNTY OF ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE MY BY JOHN M. CILUAGA & LABERTA P. CILUAGA THIS ~ DAY OF FEBRUARY, 2005. 2005. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC Page 3 of 3