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HomeMy WebLinkAbout967870RECEIVED 11/9/2012 at 9:52 AM RECEIVING 967870 BOOK: 797 PAGE: 777 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SIGNAGE EASEMENT AGREEMENT RECITALS. 00777 THIS SIGNAGE EASEMENT AGREEMENT (this "Agreement is made and entered into this 214Dt day of October 2012, by and between Alpine Junction, LLC, a Wyoming limited liability company (hereafter referred to as "Grantor and the Alpine Meadows Improvement and Service District, a Wyoming improvement and service district (hereafter referred to as the "Grantee WHEREAS, Grantor owns that certain real property in Lincoln County, Wyoming which is more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "Grantor Property WHEREAS, Grantor desires to grant to Grantee, an easement for installation, maintenance and repair of an entrance sign for the Alpine Meadows Subdivision, on the Grantor Property, according to the terms and conditions set forth herein; and WHEREAS, the Grantor and Grantee agree that the Grantor Property shall be the property burdened by the easement rights granted herein. AGREEMENTS NOW, THEREFORE, for and in consideration of the premises and the mutual promises of the parties and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the Grantor, the Grantor and Grantee do hereby agree as follows: 1. Grant of Non Exclusive Signage Easement. Grantor hereby grants to Grantee, its successors, assigns, employees, agents, contractors, licensees, and other invitees a non- exclusive signage easement in, under, over and across that portion of the Grantor Property specifically described on Exhibit B attached hereto (the "Signage Easement for ingress and egress and installation and maintenance of an entrance sign, landscaping, and an associated irrigation system to maintain landscaping. 2. Installation, Improvement and Maintenance. Grantor further grants to Grantee and its successors, assigns, employees, agents and contractors the additional right to enter onto the Grantor Property as necessary from time to time for purposes of repairing, replacing, and maintaining the sign, irrigation system and landscaping. After the installation of the sign, irrigation system and landscaping and also after any later operation done or caused to be done by Grantee which affects the Grantor Property or any part thereof, Grantee shall promptly restore the surface grade affected thereby to the same condition it was prior to such operations. Signage Easement Agreement Alpine Junction, LLC Alpine Meadows T'nprovement and Service District Page 1 of 6 tu77 3. Reservation of Grantor. The Grantor reserves unto itself, its guests, invitees, legal representatives, successors and assigns, the right to use the surface and subsurface of the Utility Easement, provided such use does not unreasonably impair, interfere with or obstruct the use of the Utility Easement by Grantee. The Grantor further reserves unto itself, its successors and assigns, the right to grant additional easements in, under, over and across the Utility Easement and the Grantor Property for any purpose as Grantor deems necessary in Grantor's sole discretion provided such additional easements do not unreasonably impair, interfere with or obstruct the use of the Utility Easement by Grantee. 4. Restriction and Maintenance Costs. The costs of the installation, maintenance, repair and replacement of the sign, irrigation system and landscaping shall be at the sole obligation and expense of Grantee. 5. Survival; Construction. This Agreement shall survive the execution of the delivery and recordation of the Signage Easement which is described herein, and shall remain and continue in full force and effect. Any recitals in this Agreement are represented by the parties to be accurate and constitute a part of the substantive Agreement. This Agreement shall be construed in accordance with the laws of the State of Wyoming. Venue is in Lincoln County, Wyoming. 6. Enforcement. If any party is required to take action to enforce the terms and conditions of this Agreement, the defaulting party agrees to pay all costs incurred by the non defaulting party, including attorney's fees whether suit is brought or not. 7. Declaration. The Signage Easement shall be "in gross and shall inure to the benefit of the Grantee, and Grantee's successors, legal representatives and assigns, forever. The Grantor Property shall be the property burdened by the Signage Easement and the rights granted herein. Grantor hereby declares that the Grantor Property shall be owned, sold, conveyed, encumbered, leased, used, occupied and developed subject to the Signage Easement and the terms and conditions set forth herein, which shall run with the Grantor Property and shall be binding on all parties having or acquiring legal title or an equitable interest in the Grantor Property, or any part thereof. This Agreement shall be binding on the parties hereto, their successors and assigns. 8. No Assumption of Liability. Grantor, by granting the Signage Easement, does not assume any responsibilities or liabilities with respect thereto, nor shall Grantor at any time incur any liability for failure to comply with any law, ordinance, regulation or order with respect to the sign contemplated herein. Grantee shall indemnify, save and hold Grantor, its successors and assigns, harmless from any loss, claim or liability arising out of, or attributable to, Grantee's use, maintenance (or lack thereof) and occupation of the Signage Easement. 9. Notice. Any notice to be given or to be served upon any party hereto must be in writing, and may be given by facsimile, or certified or registered mail and shall be deemed to have been given and received upon confirmed transmission by facsimile, or the day such notice is deposited with FedEx or another generally recognized overnight courier, addressed to the appropriate party hereto, or when a certified or registered letter containing such notice, properly Signage Easement Agreement Alpine Junction, LLC Alpine Meadows Improvement and Service District Page 2 ofd` addressed, with postage prepaid, is deposited in the United States Mail. Such notices shall be given to the parties hereto at the following address: If to Grantor: Alpine Junction, LLC Mailing P.O. Box 610, Jackson, Wyoming 83001 Physical: 330 North Glenwood, Jackson, Wyoming 83001 If to Grantee: Alpine Meadows Improvement and Service District Mailing: P.O. Box 610, Jackson, Wyoming 83001 Physical: 330 N. Glenwood, Jackson, Wyoming 83001 10. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 11. Entire Agreement; Modification. This Agreement embodies and constitutes the entire understanding between the parties with respect to the transactions contemplated herein and all prior or contemporaneous agreements understandings, representations, statements are merged into this Agreement. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against whom the enforcement of such waiver, modification, amendment, discharge, or termination is sought, and then only to the extent set forth in such instrument. 12. Counterparts. This Agreement may be executed in any number of counterparts and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one Agreement. 13. Warranties. Grantor makes no representations or warranties, express or implied, in connection with this grant and the Signage Easement, whether of title, fitness of use, condition, purpose, or of any other nature. Notwithstanding the foregoing, Grantor represents and warrants that Grantor has the authority to grant the Signage Easement contained herein. Signage Easement Agreement Alpine Junction, LLC Alpine Meadows Improvement and Service District Page 3 of 6 00779 DATED as of the date first set forth above. GRANTOR: GRANTEE: STATE OF WYOMING COUNTY OF TETON On this22 day of October 2012, before me personally appeared Michael T. Halpin, personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed within this instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on this instrument, the entities upon behalf of which the person acted executed this instrument. WAIAWRYohand and official seal. STATE OF WYOMING COUNTY OF TETON LISA M, PJ l: J m nqp� n:'o"i'f°.R puBuc t M PGtdd Cou', y' Of i otary Public s'IS� y commission expires:1'12. /a( 11.1y Comm zoj On this U' V day of &ctotrer, 2012 before me personally appeared Laura Ladd, personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed within this instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on this instrument, the entities upon behalf of which the person acted executed this instrument. WITNESS my hand and official seal. LISA M. PADDLEFORD NOTARY PUBLIC County of trn 8t to of Teton 'l. W omin9 So M commission ptl�inhr 1 �A?1.y ommission E r" ^J^"�a'la mRd�Y`a s_,,,, Alpine Junction, LLC, a Wyoming limited liability company By: Michael T. Halpin, Vice President of Meridian Group, Inc. as Manager of Alpine Junction, LLC By: Name: i a T. Halpin Title: Vt(,G P i davvfoF (V1Eviaootvt (sWf o Maw' of AIpivl& kth&fi �G Alpine Meadows Improvement and Service District a Wyoming improvement and service district By: Name: aura add Title: Treasurer )ss )ss (i15$ M Pitouvfovei Notary Public My commission expires: 0+ I2. 20( 6 Signage Easement Agreement Alpine Junction, LLC Alpine Meadows Improvement and Service District Page 4 of 078 EXIIIBIT A [Legal Description of Grantor Property] Signage Easement Agreement Alpine Junction, LLC Alpine Meadows Improvement and Service District Page 5 of 6 oo Lot 186 of Alpine Meadows Subdivision, a subdivision of record in the Office of the Clerk of Lincoln County, Wyoming as Plat No. 206 -A, which has a receiving date of August 23, 2005 and receiving number of 911176, said subdivision being part of the SE1 /4 SE1 /4 Section 19, SW1 /4 SW1 /4, SE1/4 SW1 /4 Section 20, N1/2 NW1 /4 Section 29, NE1 /4 NE1 /4 Section 30, T37N, R118W of the 6th P.M., Lincoln County, Wyoming EXHIBIT B [Legal Description of Easement] A 15 feet wide easement across Lot 186 of Alpine Meadows Subdivision, a subdivision of record in the Office of the Clerk of Lincoln County, Wyoming as Plat No. 206 -A, which has a receiving date of August 23, 2005 and receiving number of 911176, said subdivision being part of the SE1 /4 SE1 /4 Section 19, SW1 /4 SW1 /4, SE1 /4 SW1 /4 Section 20, N1 /2 NW1 /4 Section 29, NE1 /4 NE1 /4 Section 30, T37N, R118W of the 6th P.M., Lincoln County, Wyoming, said easement being more particularly described as follows; BEGINNING at the northeast corner of said Lot 186, where is found a 5/8 -inch rebar with a 2 -inch diameter cap inscribed "PLS 6447 said corner being THE TRUE POINT OF BEGINNING; THENCE along the east line of said Lot 186, coincident with the west right -of -way line of U.S. Highway 89, S08 °05'28 "E, 15.15 feet to a point; THENCE leaving said east line of said Lot 186, N89 °57'51 "W, 20.20 feet to a point; THENCE N08 °05'28 "W, 15.15 feet to a point on the north line of said Lot 186; THENCE along the north line of said Lot 186, S89 °57'51 "E, 20.20 feet to THE TRUE POINT OF BEGINNING. Said easement ENCOMPASSES an area of 303.00 square feet, more or less. Signage Easement Agreement Alpine Junction, LLC Alpine Meadows Improvement and Service District Page 6 or 6 '11' u i C 7, TOGETHER WITH and SUBJECT TO any other easements, rights -of -way, covenants, conditions, restrictions, agreements, reservations, or encumbrances of sight and/or record.