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HomeMy WebLinkAbout926798 "1.I'VU J'-J:.;:I AFTER RECORDING, RETURN TO: RECEIVED 2/14/2007 at 12:29 PM RECEIVING # 926798 BOOK: 648 PAGE: 749 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Meadow Outdoor Advertising Attn: Chris Zukin P.O. Box 331 The Dalles, Oregon 97058 GRANT OF EASEMENT This Grant of Easement is made this Il[:!1l-day of Ç~IU i ' 2007, by and between VERONICA MARY LOW, TRUSTEE OF THE VERON CA MARY LOWE FAMILY TRUST DATED FEBRUARY 12, 2006 (described as "THE VERONICA MARY LOWE FAMILY TRUST DATED FEBRUARY 12,2006" in that certain warranty deed dated February 21, 2006, from VERONICA LOWE grantor, to THE VERONICA MARY LOWE FAMILY TRUST DATED FEBRUARY 12, 2006, grantee, recorded on February 21, 2006 in Book 612 of the Deeds at page 622 of official records in the office of the County Clerk, Lincoln County, Wyoming) ("Grantor") and J. R. ZUKIN CORP., dba MEADOW OUTDOOR ADVERTISING, a California corporation ("Grantee"). ('", 'j 1/ Grantor is the owner of certain real property legally described in Exhibit "A", which is attached hereto and incorporated herein by reference, located in Lincoln County, Wyoming, hereinafter referred to as the "Grantor Property". {, For valuable consideration receipt of which is hereby acknowledged, Grantor hereby grants, bargains, sells and conveys to Grantee an exclusive perpetual easement on the above described Grantor Property to construct, install ,maintain, repair, relocate, replace, reconstruct, enlarge, illuminate, re-illuminate and otherwise deal with two off-premise advertising sign structures with necessary and appropriate supporting underfootings, fixtures, power poles, light fixtures, lines, devices, illuminations, connections, and other appropriate materials or structures (collectively the "Signs"), along with other easement rights all as described hereinafter. 1. The easement granted herein is a gross easement. 2. The easement shall include all air space over and above the Grantor Property to a height of 100 feet. 3. The easement granted herein includes additional rights as follows: a. Grantee has a perpetual easement for the unobstructed view ofthe Signs and any off- premise advertising sign structures or billboards owned by Grantee and its assigns and located on the Grantor Property by persons traveling on Highway 89 (the "Roadway") or any successor roadway. Such perpetual easement of unobstructed view includes, without limitation, the right of Grantee to trim or remove vegetation or any other obstructions on the Grantor Property without notice to Grantor, and the duty of Grantor not to place, install, \ '" 100'SO plant, erect or construct any vegetation or any other thing which may, in the exclusive discretion of Grantee, obstruct the view of the Sign, from the Roadway. b. Grantee has the unrestricted right of ingress and egress to, from and over, and the right to remain upon said Grantor Property for the purpose of painting the Sign structures, posting and/or painting of advertising materials, constructing, reconstructing, installing, maintaining, repairing, remodeling, replacing, relocating, and otherwise dealing with the Grantee's sign structures and/or appropriate supporting underfootings, fixtures, power poles, lines, devices, illuminations, connections, and other appropriate materials or structures, from time to time. Said right of ingress and egress shall include, without limitation, the right to operate heavy duty trucks and equipment on the Grantor Property as required for the purposes of this Grant of Easement. c. Grantee has the unrestricted right to transfer, sell, encumber, lease, sublease, assign, or otherwise convey Grantee's rights herein, from time to time during the duration of this easement, for monetary consideration or otherwise. 4. Grantor agrees not to petition, seek, support, or undertake any zone change of the property described which would cause the off-premise sign structures to become non-conforming to city, county, state, or federal regulations, codes, ordinances, or laws concerning off-premise sign structures, nor to allow, permit, use or grant any lease, easement, license or any other right to use all or any portion ofthe Grantor Property for off-premise, outdoor advertising purposes by anyone other than Grantee excepting therefrom the existing sign structure owned and operated by the Star Valley Chamber of Commerce. 5. In the event of default or breach, both Grantor and Grantee shall have the right to pursue all remedies available at law and in equity. In the event legal action is instituted to interpret or enforce the terms ofthis Agreement, including actions pursuant to bankruptcy laws, the prevailing party in such action will be entitled to an award ofattomeys' fees and costs of action, in addition to all other relief that may be granted by the court, at trial and on appeal and review. 6. This instrument contains the entire agreement between the parties relating to the rights granted and the obligations herein assumed. 7. This instrument and the easement granted herein runs with the land currently owned by the Grantor, and shall be binding and inure to the benefit ofthe respective heirs, administrators, personal representatives, successors, shareholders, directors, and assigns ofthe parties hereto. 8. Grantor hereby waives and releases any and all rights under and by virtue of the homestead exemption laws of the State of Wyoming insofar as affected by this conveyance. GRANTOR: VERONICA MARY LOW, TRUSTEE OF THE VERONICA MARY LOWE FAMILY TRUST DATED FEBRUARY 12, 2006 STATE OF WYOMING ) ) ss County of Uk) UJLÙ ) GRANTEE: J R ZUKIN CORP. dba MEADOW OUTDOOR ADVERTISING, a California Corporation By: 1'1í~~ - ~ I vvv ,:-;.¡¿ This instrument was acknowledged before me on this ILÍT:'dayof ~.LMt.i-' 2007, by Veronica Mary Lowe. ~\\\\\\' 1'11111/11111. -# .~e.RINe í'~ ~ ",,"',to. ~ ~.~~.~o~ ~ ~,~OT"'.9 (j) ~ :::: ¡,¡. "P '::0 g (~~..~ wê ... en .~...... __ ~ ~.>-~lI~LIO-,Ø f ~ <$' ...-...... 'î1.~ ~ ~ o¡: Xt.'l.!t~# . ~Æy,ÎÎtttn"-vn expIres: Qt:r~C?- ILl! 201t:) No~~if~~:g . STATE OF OREGON County of Wasco ) ) ss ) U007S2 , a notary public, do certify that on this ~ t/-., day 2007, personally appeared before who, being by m~ fIrst duly swo~, ~ec1ared that he is of=.lheadow Oufv.bov- IJduo-k, nq that he signed res;;Jcn f- , of the corporatión, and that the of me OFFICIAL SEAL JEAN' K. HODGE ". .' NOTARY PUBUC OREN COMMISS - GON MY COMMISSION EXP/~ENsNO. 378846 . APRIL 6, 2008 000753 EXHIBIT A Legal Description of Grantor Property The North Half (Nl/2) ofthe Northwest Quarter (NW 14) of the Northwest Quarter (NW 14) of the Southeast Quarter (SE 14), Section 24, T28N, R120W, 6th P.M., Lincoln County, Wyoming