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HomeMy WebLinkAbout970033RECEIVED 3/19/2013 at 3:39 PM RECEIVING 970033 BOOK: 807 PAGE: 181 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY SIGN EASEMENT AGREEMENT NOW, THEREFORE, BB and CTR hereby agree as follows: SIGN EASEMENT AGREEMENT BB RIVERSIDE, LLC CTR ENTERPRISES, LLC PAGE 1 OF 5 001.81 THIS SIGN EASEMENT AGREEMENT, hereafter the "Agreement effective this 1St day of September, 2012, is by and between BB RIVERSIDE, LLC, a Wyoming limited liability company, P.O. Box 800, Thayne, Wyoming 83127, hereafter "BB and CTR ENTERPRISES, LLC, a Wyoming limited liability company, P.O. Box 4343, Bedford, Wyoming 83112, hereafter "CTR WHEREAS, BB owns real property in Thayne, Wyoming pursuant to a Corrective Quitclaim Deed that was recorded in the Lincoln County, Wyoming land records on July 2, 2012 in Book 788 at Pages 725 and 726 as Receiving No. 965366, a copy of which is attached hereto, hereafter, the "BB Property and WHEREAS, CTR owns real property in Thayne, Wyoming pursuant to a Quitclaim Deed that was recorded in the Lincoln County, Wyoming land records on July 27, 2012 in Book 790 at Pages 252 and 253 as Receiving No. 965776, a copy of which is attached hereto, said property hereafter the "CTR Property and WHEREAS, BB and CTR have agreed that it will be mutually beneficial to erect, maintain, and operate a sign that identifies the professional services offered within the buildings erected on their properties, all pursuant to the terms and conditions of this Agreement. 1. SIGN EASEMENT ESTABLISHED. BB and CTR, for themselves and their successors and assigns, hereby grant and convey to each other a perpetual non exclusive easement for the erection, maintenance, and operation of a sign that identifies the professional services offered within the buildings erected on their properties in the area within the CTR Property that is identified as the "Sign Easement" on the "FINAL PLAT NORTH BEND ADDITION TO THE TOWN OF THAYNE IN THE NE1/4NW1 /4 SECTION 23 T34N R119W, LINCOLN COUNTY, WYOMING recorded in the land records of Lincoln County, W omin on the gam' day of fL 2013 as Receiving No. �7 U�de the "Plat along with the Ten (10) foot Electrical Easement across the CTR Property that is shown on the Plat, to provide electricity to the sign. 2. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the mutual promises and agreements contained herein, and other valuable consideration, in hand paid, the receipt of which is hereby acknowledged, BB and CTR state and declare that consideration has been provided to each of them for this Agreement. 4)018 3. SIGN EASEMENT COVENANTS. BB and CTR, for themselves and their successors and assigns, hereby agree: a. That they will equally split all sign related construction costs, costs of erecting, maintaining, repairing and operating a sign within the Sign Easement. BB will be responsible for 2 /5 of the total cost and reserves the perpetual right to display signage in the first and fourth locations from the top on the north side of the sign, and in the third and fifth locations from the top on the south side of the sign. CTR will be responsible for 3 /5 of the total cost (1 /5 for Lot 1 and 2 /5 for Lot 2). CTR Lot 1 reserves the perpetual right to display signage in the second location from the top on the north and south side of the sign. CTR Lot 2 reserves the perpetual right to display signage in the third and fifth locations from the top on the north side of the sign, and in the first and fourth locations from the top on the south side of the sign. b. That they will equally split the costs of installing and maintaining an electrical line within the electrical easement to provide electricity to the sign. c. That the design of the sign structure will be mutually agreed upon between BB and CTR. The sign will be erected with 10 (ten) individual 24 "x 84" sign locations, consisting of 5 (five) sign locations on each side of the sign, a north and a south face. The total cost of the individual signage will be borne by each owner individually d. That any signage placed on the sign structure shall be solely for the purpose of identifying the professional services offered within the buildings erected on the BB Property and the CTR Property, and the design and content thereof shall be subject to mutual approval of BB and CTR, which approval shall not be unreasonably withheld. e. That the sign structure and any signage placed thereon shall comply with all applicable Wyoming, Lincoln County, and Town of Thayne requirements for signs. f. In the event that repair and /or replacement of the sign structure and /or any sign or signs is required due to willful act or negligence of a property owner and /or their patron(s), all related expenses for repair and /or replacement will be borne by that property owner. All repairs, replacement and reconstruction must be done in a manner to reflect the character, shape, surface, material and appearance of the original sign. g. That CTR, as the owner of Lot 1 on the Plat or it's successors and /or assigns, shall be responsible for providing electricity to illuminate the signage, and shall make monthly payment of the costs of electricity to illuminate signage on the sign structure. Every quarter, CTR shall provide to BB an invoice for 2 /5 of the costs of electricity for illuminating the sign, as estimated by Lower Valley Energy or its successors or assigns, and BB shall within ten (10) days after receipt of that invoice pay the amount owed to CTR for the costs of electricity. Provided, that if CTR, as the owner of Lot 1, fails to provide electricity to illuminate the signage, then either BB or CTR, as the owner of Lot 2 on the Plat or it's successors or assigns, may opt to provide electricity SIGN EASEMENT AGREEMENT BB RIVERSIDE, LLC CTR ENTERPRISES, LLC PAGE 2 OF 5 for such purpose, utilizing the Ten (10) foot Electrical Easement depicted on the "FINAL PLAT NORTH BEND ADDITION TO THE TOWN OF THAYNE IN THE NE1 /4NW1 /4SECTION 23 T34N R119W, LINCOLN COUNTY, WYOMING whereupon said owner shall provide an invoice or invoices to the other owner(s) for that owner's portion of the costs of electricity for illuminating the sign, as estimated by Lower Valley Energy or its successors or assigns, and the other owner(s) shall within ten (10) days after receipt of that invoice pay the amount owed to said owner for the costs of electricity. h. That both parties shall insure the sign structure and their signage placed thereon, and each shall name the other as an additional insured. i. That if the parties fail to agree on any matters regarding this Agreement and the sign structure or signage, the parties shall first attempt to resolve the issue in good faith by vote of all of the owners of the properties. Any dissatisfied party may then request submission of the issue to mediation, and the parties shall promptly thereafter jointly appoint an acceptable mediator and share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall be binding. In the event either party believes that the mediation remedy is inadequate or will not be responsive to a situation requiring immediate action or intervention, such party shall be entitled to pursue any ancillary or equitable remedy that might otherwise be available. In any litigation, the Court may assess costs and any reasonable attorney fees as may have been incurred by the parties based upon the merits of the case in favor of the prevailing party. 4. SIGN EASEMENT TO RUN WITH THE LANDS. The Sign Easement created herein shall run with the lands identified herein, and shall be binding on and shall inure to the benefit of BB and CTR and their respective successors and assigns. 5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between BB and CTR, and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding except to the extent incorporated in this Agreement. 6. MODIFICATION OF AGREEMENT. Any modification of this Agreement shall be binding only if evidenced by agreement in writing signed by the BB and CTR or their successors and assigns. 7. WAIVERS. The failure of BB and or CTR to enforce the performance of the terms and conditions set forth herein, or their waiver of a breach of any of the terms and conditions set forth herein, shall not be construed as a continuing waiver of such failure or breach, and the terms and conditions shall remain in full force and effect as if no such forbearance or waiver had occurred. 8. WAIVER OF HOMESTEAD RIGHTS. BB and CTR, for themselves and their successors and assigns, hereby waive any and all rights under and by virtue of the homestead exemption laws of the State of Wyoming to the extent that such rights may interfere with the purposes of the easement. SIGN EASEMENT AGREEMENT BB RIVERSIDE, LLC CTR ENTERPRISES, LLC PAGE 3 OF 5 00183 9. ATTORNEY'S FEES. BB and CTR, for themselves and their successors and assigns, agree that should any litigation be commenced between them concerning this Agreement, or the rights and/or duties of them in relation thereto, including any action to collect sums due hereunder, the party prevailing in such litigation shall be entitled to a reasonable sum for attorney's fees. 10. EFFECTIVE DATE OF EASEMENT. This Agreement shall only become effective upon recordation in the land records of Lincoln County, Wyoming. IN WITNESS WHEREOF, BB and CTR have caused this Agreement to be signed on the dates indicated below. BB: CTR: BB RIVERSIDE, LLC, a Wyoming limited liability company, BY: MANAGER STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the as day of 2013, by LUKE D. BROG, as Manager of BB Riverside, LLC, a Wyoming limited liability company, pursuant to authority provided to him in said Company's Operating Agreement. WITNESS my hand and official seal. My Commission expires: -Z apjb 1 2) iS d l D. BROG, DATE CTR ENTERPRISES, LLC, a Wyoming limited liability company SIGN EASEMENT AGREEMENT BB RIVERSIDE, LLC CTR ENTERPRISES, LLC PAGE 4 OF 5 `,/i,Z 7NOTARY PUBLIC o0a BY: RIC B iii O GES, DA MANAGER STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the a day of 2013, by ERIC BOONE HODGES, as Manager of CTR Enterprises, LLC, a Wyoming limited liability company, pursuant to authority provided to him in said Company's Operating Agreement. WITNESS my hand and official seal. My Commission expires: OTARY PU LIC SIGN EASEMENT AGREEMENT BB RIVERSIDE, LLC CTR ENTERPRISES, LLC PAGE 5 OF 5 X 13 001 7 KNOW ALL PERSONS BY THESE PRESENTS, that ERIC BOONE HODGES and LUKE D. BROG, GRANTORS, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby remise, release, and forever quitclaim unto BB RIVERSIDE, LLC, a Wyoming limited liability company, P.O. Box 800, Thayne, Wyoming 83127, GRANTEE, and its successors and assigns forever, all such right, title, interest property, possession, claim, and demand as Grantors may have or ought to have in and to all of the following described property, to wit: That property described in the legal description titled "Description: North Half of Aullman Parcel One Split attached hereto and incorporated herein by reference. Together with all improvements and appurtenances thereon situated or in anywise appertaining thereunto. Subject to all reservations, restrictions, covenants, exceptions, easements, and rights -of -way of record, in sight, or in use. This Corrective Quitclaim Deed is to clarify that the conveyance of real property in the Quitclaim Deed that was recorded in the land records of Lincoln County, Wyoming on February 10, 2011 in Book 762 at Pages 300 and 301 as Receiving No. 958022 was to BB Riverside, LLC, a Wyoming limited liability company. WITNESS our hands this 26th day of June, 2012. C BOONE H DGES SS. COUNTY OF LINCOLN STATE OF WYOMING WITNESS my hand and official s .1. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: 07//q/$ RECEIVE[ 2 at 2:48 PM RECEIVING 965366 BOOK: 788 PAGE: 725 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY CORRECTIVE QUITCLAIM DEED ACKNOWLEDGED before me on this 26th day of June, 2012, by Eric Boone Hodges and Luke D. Brog. 00725 001.86 Description; North Half of Aullman Parcel One Spilt 000301 A portion of the Aullman Parcel One as referred to In the need recorded with Receiving No. 957342, In Book 759, on Page 411, with the Office of the Clerk of Uncoln County Wyoming, within the NE1 /4NW1/4 of Section 23, 734N, R119W, of the 6'" P.M., Town of Thayne, Lincoln County, Wyoming, the boundary being described a follows; Beginning ate point In the West line of the NW1 /4NE1/4of said Section 23, said point of beginning being 445.50 feet, 5 0•51'1" W from the Uoyd B. Baker PE /LS 695, 1975 location for the Northwest Corner of said NW1 /4NE1 /4, of said Section 23; thence S 0'51'19" W 152.66 feet, continuing along said West line of said NW1 /4NE1/4, of said Section 23, thence N 89 W 201.78 feet, thence N 0'26'36" E 152.66 feet, thence 5 89d9'17" E 202.88 feet, to the true point of beginning, Encompassing 31,300 Sq.Ft. or .705 Acres 706E1HER WITH and SUBJECT T0: that portion of land lying within the Bounds of Main Street (U.S. Highway 89). TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions, Restriction, Reservations, Right-of- way, Improvements, including but not limited to Conditions of sight and or record. 00726 STATE OF WYOMING SS. COUNTY OF LINCOLN WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of O State of Lincoln Wyoming My Commission Expires: July 16, 2015 7 My Commission expires: RECEIVED 7/27/2012 at 11:11 AM RECEIVING 965776 BOOK: 790 PAGE: 252 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY QUITCLAIM DEED KNOW ALL PERSONS BY THESE PRESENTS, that ERIC BOONE HODGES, GRANTOR, for and in consideration of Ten Dollars ($10.00) and other valuable consideration, in hand paid, receipt of which is hereby acknowledged, hereby remises, releases, and forever quitclaims unto CTR ENTERPRISES, LLC, a Wyoming limited liability company, P.O. Box 4343, Bedford, Wyoming 83112, GRANTEE, and its successors and assigns forever, all such right, title, interest property, possession, claim, and demand as Grantors may have or ought to have in and to all of the following described property, to wit: That property described in the legal description titled "Description: South Half of Aullman Parcel One Split", attached hereto and incorporated herein by reference. Together with all improvements and appurtenances thereon situated or in anywise appertaining thereunto. Subject to all reservations, restrictions, covenants, exceptions, easements, and rights -of -way of record, in sight, or in use. WITNESS my hand this 18th day of July, 2012. ACKNOWLEDGED before me on this 18th day of July, 2012, by Eric Boone Hodges. 00252 0 0.1. 88 Description: South Half of Aullman Parcel One Split 002 000303 A portion of the Aullman Parcel One as referred to in the Deed recorded with Receiving No. 957342, in Book 759, on Page 411, with the Office of the Clerk of Lincoln County Wyoming, within the NE1 /4NW1/4 of Section 23, T34N, R119W, of the 6'" P.M., Town ofThayne, Lincoln County, Wyoming, the boundary being described a follows: Beginning at a point in the West line of the NW1/4NE1/4 of said Section 23, said point of beginning being 598.16 feet, 5 0'51'6" W from the Lloyd B. Baker PE /LS 698, 1975 location for the Northwest Corner of said NW1 /4NE1 /4, of said Section 23; thence 5 0'511.9" W, continuing along said West line of said NW1 /4NE1/4, of said Section 23, 152.66 feet to the North east corner of the Aullman property, as referred to in the deed recorded with the Receiving No. 910519, in Book 593, on Page 30, with said Office, said Point being 551.77 feet N0'51'01 "E, along said West line from the Lloyd B. Baker PE /LS 698, 1999 location for the Southwest Corner of Said NW1 /4Ne1 /4, of said Section 23; thence N 89'8'59" W, along the North line of last said Aullman property, 200.68 feet thence N 0'26'36" E 152.66 feet, thence S 89'9'8" E 201.78 feet, to the true point of beginning, Encompassing 31,300 Sq.Ft. or .705 Acres TOGETHER WITH and SUBJECT TO: that portion of land lying within the Bounds of Maln Street (U.S. Highway 89). TOGETHER WITH and SUBJECT TO: ALL Easements, Exceptions, Restrictions, Reservations, Right -of- way, Improvements, including but not limited to Conditions of sight and or record. OU 89