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000642
EASEMENT
Billy Ray Price, Jr. of 113 0 3 rd West Avenue, Kemmerer, Wyoming 83101, Grantor, for and
in consideration of one ($1) dollar and other good and valuable consideration, in hand paid, receipt
of which is hereby acknowledged, grants and conveys to the Kemmerer Rotary Club a non-profit
organization which is part of Rotary District 5440, ofP,O. Box 1202, Kemmerer, Wyoming 83101,
Grantee, its successors and assigns, the following described perpetual right-of-way easement subject
to an extinguishment clause as provided herein below for the following purpose and under the
following conditions:
1.
Purpose of Easement. The right to draw, paint, erect, repair, repaint, touch-up, maintain,
improve, slightly modifY, and remove an outdoor mural or sign as conceptually provided on
the plan or drawing as attached hereto and marked as Exhibit "1" and made a part hereof, in
accordance with all applicable statutes and ordinances, on, about, and over the following
described real property:
a. The bricks, doors and any other portion of the structure that fOnTIS or makes up the
south wall of the building located at 705 Pine Street, Kemmerer, Wyoming more
specifically, the south wall is that wall which begins on the comer of Pine Avenue
and Sapphire Street and continues westerly along said Sapphire Street to the alley
behind the building all of which is located on Lot 18 of Block 7 ofthe Original Town
of Kemmerer as surveyed, platted and recorded in the Office ofthe County Clerk and
Ex-Officio Register of Deeds in and for Lincoln County, Wyoming, This easement
is for the purpose of providing a perpetual right-of-way easement from the ground
to the roof and from the eastern most point of said southern facing wall to the western
most point of said southern facing wall for the Kemmerer Rotary Club's Centennial
Project and for the Kemmerer Rotary Club and its agents to have a private access for
ingress and egress to the property described above and for the right to remove any
Ace Hardware sign or other signs on said wall in that location before drawing and
painting said mural and then thereafter to draw, construct and maintain said mural
without that mural being blocked, covered, altered or modified in any way by any
signage, future attachments or advertising on said wall.
b. This agreement provides for conveyance of a private easement only and that the
easement will not grant any rights of access into the Grantors' property.
2. Conditions of Easement. The conditions of this easement are:
a. The access provided by this easement is a private right-of-way for the use of Grantee
only and is not for the use ofthe general public.
b. The Grantee shall be responsible for removal of signs that are currently on the portion
of the building which this easement burdens and preparation of the area of the
easement.
c. Any construction by Grantee must be approved by Grantor prior to beginning
construction.
RECEIVED 9/13/2006 at 2:02 PM
RECEIVING # 922425
-1- BOOK: 633 PAGE: 642
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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000643
3. Description of Easement. The entire south facing wall of the building constructed on Lot
18 of Block 7 ofthe Original Town of Kemmerer as surveyed, platted and recorded in the
Office of the County Clerk and Ex-Officio Register of Deeds in and for Lincoln County,
Wyoming extending from the ground to the roof line and from the comer of the building
closest to Pine Avenue and Sapphire Street westerly along Sapphire Street to the alley behind
the building which is also known as and located at 705 Pine Street, Kemmerer, Wyoming.
4. Consideration. The consideration set forth above constitutes full and final payment for the
easement and right of way granted.
5, Extinguishment Clause. Grantee is expending approximately twenty thousand dollars
($20,000.00) for the painting of the mural and is not willing to invest said funds without a
legal assurance that said mural will remain in place or the Grantee will receive adequate
compensation for the investment in the community. Grantor is concerned that he may have
a purchaser who wishes to purchase the building but that a purchaser may not be willing to
purchase the building if there is a mural on the wall. It is agreed by the parties that the
Grantor may extinguish this easement as follows:
a. Ifwithin 365 days of the date the mural is completed Grantor wishes to extinguish
this easement, Grantor shall pay to Grantee the sum of twenty thousand dollars
($20,000.00) for a full extinguishment of this easement.
b. 1f365 days have passed from the date the mural is completed but within the 730th day
of the date the mural is completed Grantor wishes to extinguish this easement,
Grantor shall pay to Grantee the sum of sixteen thousand dollars ($16,000.00) for a
full extinguishment of this easement.
c. If730 days have passed from the date the mural is completed but within 1095th day
of the date the mural is completed Grantor wishes to extinguish this easement,
Grantor shall pay to Grantee the sum of twelve thousand dollars ($12,000.00) for a
full extinguishment of this easement.
d. If 1 095 days have passed from the date the mural is completed but within the 1460th
day of the date the mural is completed Grantor wishes to extinguish this easement,
Grantor shall pay to Grantee the sum of eight thousand dollars ($8,000.00) for a full
extinguishment of this easement.
e. If 1460 days have passed from the date the mural is completed but before the 1825th
day of the date the mural is completed Grantor wishes to extinguish this easement,
Grantor shall pay to Grantee the sum of four thousand dollars ($4,000.00) for a full
extinguishment of this easement.
f. If anytime after 1825 days have passed from the date the mural is completed Grantor
wishes to extinguish this easement, Grantor shall provide written notice to Grantee
and record the necessary documents in the public record to extinguish said easement.
6. Binding Effect. The tenns and conditions of this easement shall be binding upon and inure
to the benefit of the heirs, successors in interest and assigns of the parties named in this
instrument.
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WITNESS our hands as of this _ day of June, 2006.
000644
STATE OF WYOMING )
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COUNTY OF LINCOLN )
The foregoing easement was acknowledged before me by BILL Y RAY PRICE, JR. this L day
of June, 2006.
Witness my hand and official seal.
SHAUNA RIDGEWAY - NOTARY PUBLIC
COUNTY OF &\ STATE OF
LINCOLN . WYOMING
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My co'rmniS1)' '.
STATE OF WYOMING )
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COUNTY OF LINCOLN )
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NOTARY PUBLIC
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DAVE McCONKIE, President, Kemmerer Rotary
Club, Grantee.
The foregoing easem.eJ1t was acknowledged before me by DAVE McCONKlE, President, Kemmerer
Rotary Club this'~ day of June, 2006.
Witness my hand and official seal.
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My commission expires: \ 0 - () \ - D lo
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