GREENWAY EASEMENT AGREEMENT This greenway access easement is entered into by and between the Laramie County School District Number One ( Grantor ), a corporate body organized under the laws of the State of Wyoming, 2810 House Avenue, Cheyenne, WY 82001, and the City of Cheyenne, a municipal corporation organized under the laws of the State of Wyoming, 2101 O Neil Avenue, Cheyenne, Wyoming 82001 ( Grantee ). The Grantor and Grantee are, at times, individually referred to as Party and collectively as Parties. 1. Purpose. The purpose of this greenway easement agreement ( Agreement ) is to document an agreement whereby Grantor conveys and Grantee accepts an easement for the purposes of constructing and maintaining a Greenway segment to be known as the Avenues Connector. 2. Grant. For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells, and conveys unto Grantee, its legal representatives, successors, and assigns, if any, an easement to install, operate, and maintain a Greenway segment and appurtenances thereto (collectively referred to herein as, the Facilities ), such easement described as follows, and depicted at the attached Exhibit A, incorporated herein as if fully set forth: A sixteen foot (16 ) wide easement lying eight (8) feet on each side of the following described centerline. The boundaries of said strip are shortened or lengthened to begin and end on the property lines. Said centerline described as follows: School District No. 1 Athletic Field, a replat of Airport Addition, to the City of Cheyenne lying in a portion of Section 30, Township 14 North Range 66 West. Beginning at a point from which the City of Cheyenne Control Point Cemetery bears N86 54 25 E a distance of 367.86 feet and from which the northwest corner of School District No. 1 Athletic Field Parcel bears N00 10 30 E a distance of 13.37 feet; thence N89 24 06 E a distance of 260.69 feet; thence 9.49 feet along a curve to the right having a radius of 100.00 feet and a central angle of 57 17 45 with a chord that bears S87 52 46 E a distance of 9.49 feet; Page 1 of 6
thence 94.90 feet along the arc of a curve to the left having a radius of 500.00 feet and a central angle of 11 27 33 with a chord that bears N89 24 06 E a distance of 94.76 feet; thence 9.49 feet along a curve to the right having a radius of 100.00 feet and a central angle of 57 17 45 with a chord that bears N86 40 59 E a distance of 9.49 feet; thence N89 24 06 E a distance of 152.81 feet; thence 12.37 feet along a curve to the left having a radius of 50.00 feet and a central angle of 57 17 22 E with a chord that bears N82 18 16 E a distance of 12.36 feet; thence N75 12 25 E a distance of 17.67 feet and there terminating from which point the City of Cheyenne Control Point Cemetery bears N87 30 07 W a distance of 189.38 feet and the northeast corner of said School District No. 1 Parcel bears S89 49 30 E a distance of 133.53 feet. 3. Use. The Grantee is granted the right to install, operate, and maintain a Greenway segment and appurtenances thereto, such use to include all necessary activities to accomplish the granted use, including, but not limited to, building, constructing, and maintaining dirt, asphalt, and/or a concrete pedestrian trail, bicycle trail, and/or other facilities typically associated with the use of pedestrian and bicycle trails, as is contemplated for the Avenues Connector. But Grantee shall not construct or place any other type of building within the easement area described herein. Grantor may otherwise use the easement area as long as such use does not interfere with Grantee s use or the public s use upon completion of the Avenues Connector. 4. Term. This Agreement shall commence upon the later date signed and executed by the duly authorized representatives of the Parties and shall remain in full force and effect until the easement is either abandoned or terminated in accordance with Wyoming law. 5. Responsibilities of the Grantee. The Grantee agrees to: a. Consult with Grantor on all matters pertaining to the project; b. Provide: i. All final design plans relating to the project to the Grantor; ii. Re-grading of the existing school parking lot with recycled asphalt to improve drainage; Page 2 of 6
iii. iv. Construction of two (2) concrete paved accessible parking spaces (one (1) van space) with associated striping, logos, and signage immediately outside the northeast corner of the Miller Elementary School; Adding sixteen (16) parking blocks for teacher parking; v. Re-locating an existing, sliding security gate eighty-three feet (83 ) +/- to the east; vi. vii. viii. ix. Adding a low-retaining wall along the north property line (approximately three-hundred feet (300 ) in length); Adding a new concrete pad for the re-routed irrigation water line and controller; Adding new fences and gates for fire hydrant access; Re-locating an existing shed; x. Adding chain link fence along the easement; xi. Providing trail wayfinding and safety signing at the trail intersection along Evans Avenue c. Protect all existing buildings, pavements, utilities, fences, and landscape areas adjacent to construction operations, and in case of damage by the contractor, to replace in kind at no cost to Grantor; d. Ensure vehicle access to the parking lot and building for teacher access, except for the limited time the parking lot is being graded; e. Provide Grantor a complete construction and traffic control plan ten (10) days prior to the beginning of any construction operations; f. Be responsible for all operations and maintenance within the security fences along the Greenway segment, including: mowing, snow removal, pavement and sign repair, and trash collection; and g. Invite Grantor to weekly construction meetings and copy them on all construction reports. Page 3 of 6
6. Responsibilities of Grantor. Grantor does not have any responsibilities relating to the project, including any financial or project management responsibilities, except that Grantor agrees to: a. Consult with the Grantee on all matters pertaining to the project and provide a single point of contact; b. Review and approve in writing all final plans prepared by the Grantee within a reasonable time, such time not to exceed fourteen (14) days, after which final plans shall be deemed approved by Grantor, absent written request by Grantor for additional review time; and c. Provide a schedule when the parking lot will be available for construction operations. These dates may include, but not be limited to, conference days, vacation weeks, weekends or after school hours during the contractor s projected timeline. 7. General Provisions. a. Applicable Law and Venue. The construction, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of Wyoming. The courts of the State of Wyoming shall have jurisdiction over an action arising out of this easement agreement and over the Parties, and the venue shall be the First Judicial District, Laramie County, Wyoming. b. Severability. If any portion of this Agreement is judicially determined to be illegal or unenforceable, the remainder of the Agreement shall continue in full force and effect, to the extent permissible under Wyoming law. c. Governmental /Sovereign Immunity. The Parties do not waive their governmental or sovereign immunities by entering into this easement agreement, including, but not limited to, those immunities provided by Wyo. Stat. Ann. 1-39-101. et seq., and fully retain all immunities and defenses provided by law with respect to any action based on or occurring as a result of this easement agreement. d. Indemnification. Each Party to this Agreement hereby acknowledges and agrees that is shall be responsible for its own acts arising out of this Agreement. No party agrees to defend or indemnify another Party. e. Notices. Any notice or correspondence required to be given by the terms of this Agreement shall be delivered by hand, or certified mail, postage Page 4 of 6
prepaid, to the address of the respective Party below. Full contact information, including current emails and phone numbers for the responsible parties are as follows: GRANTOR: Board of Trustees Laramie County School District Number One 2810 House Avenue Cheyenne, WY 82001 (307) 771-2124 GRANTEE: Mayor Marian Orr 2101 O Neil Avenue, Room 310 Cheyenne, WY 82001 (307) 637-6300 mayor@cheyennecity.org f. Successors and Assigns. All the terms, conditions, and provisions herein shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. g. Assignment. No Party shall assign this Agreement without prior written consent of the Parties. h. Entirety of Agreement. This Agreement represents the fully-integrated Agreement between the Parties on the subject matter and supersedes all prior negotiations, representations, and disagreements, whether written or oral. IN WITNESS WHEREOF, the Parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set below, and certify that they have read, understood, and agreed to the terms and conditions as set forth herein. The effective date of this Agreement is the date of the signature last affixed to this Agreement. [SIGNATURE PAGES FOLLOW] Page 5 of 6
LARAMIE COUNTY SCHOOL DISTRICT NUMBER ONE (GRANTOR) By: Lynn Storey-Huylar, Chair, Board of Trustees Date: STATE OF WYOMING ) ) ss. COUNTY OF LARAMIE ) On this day of in the year 2018, before me, the undersigned notary public, personally appeared Lynn Storey-Huylar, Chair, Board of Trustees, Laramie County School District Number One, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. The foregoing instrument was acknowledged before me this day of, 2018. Notary Public My commission expires: Date Page 6 of 6
CITY OF CHEYENNE, WYOMING (GRANTEE) By: Mayor, Marian J. Orr Date: STATE OF WYOMING ) ) ss. COUNTY OF LARAMIE ) On this day of in the year 2018, before me, the undersigned notary public, personally appeared Marian J. Orr, Mayor of the City of Cheyenne, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and official seal. The foregoing instrument was acknowledged before me this day of, 2018. Notary Public My commission expires: Date Page 7 of 6
EXHIBIT A Attached to the Greenway Easement Agreement between Laramie County School District Number One and the City of Cheyenne, Wyoming
MAXWELL AVENUE (60' R.O.W.) POINT OF TERMINATION PROPERTY LINE C-4 PROPERTY LINE TREE LINE S89 49'30"E 133.53 (TIE) N75 12'25"E 17.67 LEGEND PROPERTY LINE EASEMENT LIMIT N87 30'07"W 189.38 (TIE) PROPERTY LINE N89 24'06"E 152.81 EASEMENT CENTERLINE CITY OF CHEYENNE CONTROL POINT C-3 CITY OF CHEYENNE CONTROL POINT "CEMETERY" C-2 N86 54'25"E 367.86 (TIE) REPLAT OF AIRPORT ADDITION TO THE CITY OF CHEYENNE AUGUST, 1935 SCHOOL DISTRICT No. 1 ATHLETIC FIELD C-1 EASEMENT CENTERLINE N89 24'06"E 260.69 16.00' N W E S N00 10'30"E 13.37 (TIE) 8.00' 0' 100' 200' SCALE: 1" = 100' S00 10'30"W 918.00 PROPERTY LINE 3/19/2018 10:41:48 AM POINT OF BEGINNING E. THIRD AVENUE (60' R.O.W.) EVANS AVENUE (70' R.O.W.) PERSHING HEIGHTS ADDITION E. SECOND AVENUE (60' R.O.W.) DATE / TIME PRINTED: 2 OF 2 SHEET NUMBER DATE: FEBRUARY 2018 SCALE: 1" = 100' DRAWN/CHECKED BY: RDC/GNG DRAWING PATH DRAWING TITLE EXHIBIT B ACCESS EASEMENT LARAMIE COUNTY, WYOMING PROJECT NUMBER: P:\120-1764-00 Avenues Greenway Connector\project_survey\sheet_files\1764v-Exhibit B.dgn 120-1764-00 CLIENT INFORMATION CITY OF CHEYENNE CITY CLERK'S OFFICE SCHOOL DISTRICT No. 1 2101 O'NEIL AVE, ROOM 101 CHEYENNE, WY 82001 Western RESEARCH & DEVELOPMENT, LTD. 5908 YELLOWSTONE ROAD,SUITE B CHEYENNE, WY, 82009 (307) 632-5656