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Home My WebLink About916851 000809 SPECIAL WARRANTY DEED THE CITY OF KEMMERER, A Wyoming Municipality, of 200 Highway 233, Kemmerer, in Lincoln County, Wyoming 83101, Grantor, for and in consideration often dollars ($10.00) and other valuable consideration in hand paid, receipt whereof is hereby acknowledged, CONVEY AND WARRANT to HIGH DESERT, LLC, a Wyoming Limited Liability Company, of 1337 Canyon Road, P.O. Box 23, Kemmerer, in Lincoln County, Wyoming 83101, the following described real estate, situate in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State, to-wit: See Attached Legal Description and Retained Utility and Pedestrian Path Easements EXCEPTING, EXCLUDING and RESERVING any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, coal bed methane and all other hydrocarbons. SUBJECT, HOWEVER, to all reservations, restrictions, exceptions, easements and rights-of-way of record or in sight or use including but not limited to any rights-of-way for ditches or canals constructed by authority of the United States; any and all rights-of- ways or easements to layout, construct, inspect, operate, repair, modify, replace, upgrade and maintain roads for the use of the public; any and all easements for electric power lines for the transmission and distribution of electric power, telephone and gas; and any and all rights-of-way or easements in favor of the South Lincoln Special Cemetery District. í "' FURTHER EXCEPTING AND SPECIFICALLY RESERVING unto the City of Kemmerer and its assigns any and all drainage easements for the construction of a permanent stormwater runoff detention basin recorded at Book 189PR, Page 265; any and all easements for the installation, operation, maintenance, repair, modification, enlargement and replacement of underground water, sewer and waste lines recorded at Book 198PR, Page 609; Book 198PR, Page 161; Book 198PR, Page 620; and Book 198PR, Page 622, any and all easements for the installation, operation, maintenance, repair, modification, enlargement and replacement of streets and roadways in favor of the City of Kemmerer recorded at Book 229PR, Page 418 and Book 229PR, Page 438; any and all rights-of-way and easements for the purpose of installation, operation, maintenance, repair, modification, enlargement and replacement of a sewer gravity main to a sewer pump lift station recorded at Book 231PR, Page 575; Book 231PR, Page 578; and Book 231PR, Page 584 all of which were assigned by instrument to Kemmerer- Diamondville Water and Wastewater Joint Powers Board recorded at Book 345PR, Page 430. {I WITNESS our hands this 22nd day of March 2006. CITY OF KEMMERER, WYOMING \.... ." ~. a", .J{~ 7;: -' By: ANTH Y TOMASSI President Kemmerer City Council RECEIVED 3/2212006 at 4:15 PM RECEIVING # 916851 BOOK: 614 PAGE: 809 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER.WY _. ~-_._,- ~ ---.. "- - --_. - -- - -- ·:m~~,~::~;::,::¡ ;~. :~?~:~:~:~~~:~:.;. 0916851 State of Wyoming ) ) ss. ) County of Lincoln ¡¡~:,;~;~~!~~~t¡~¡I~~~j~~[¡ 00810 The Foregoing Special Warranty Deed was acknowledged before me, a notary public in and for said County and State, on this 22nd day of March, 2006, by Anthony Tomassi, President of the Kemmerer City Council, and Glenda R. Young, Clerk/Treasurer of the City of Kemmerer, a Wyoming Municipality. Witness my hand and official seal. My Commission Expires: ~ It}l~ ~\\\, ,\\ II If '''''',/. ~'\ ¿j\\NE b í'~ ~ ."-'(,0 <TO ~ .;s. "Yo.' ............ d' ~ t "r ....{o T A. 11 ~~"() ~ :: J</.... :: ª " COOOY<f IJICIU E - - § ()\ ø$ ~ .A \pUBL\C,.... ~ §!: ':;:0: ~ °0 . .~ ~ ~ l'~ ............. O~· ~ ~//I. 0 F V~i ~\\~ "'lliIIl/lI \1\\\\'\ ~/N~ÔA - lacy Public 0916851 C00811 Legal Description City of Kemmerer to High Desert LLC (Revised 1-25-06) A parcel ofland being within the corporate limits of the City of Kemmerer, Wyoming and being part of that particular parcel of land conveyed from The Pittsburg and Midway Coal Mining Co. to the City of Kemmerer as recorded by special warranty deed recorded in Book 590 PR on pages 785 to 788 and being part of Block 5 of the Sunset Addition to the City of Kemmerer and being located in Tracts 52, 53 and 58, Sections '14 and 23 of the resurvey ofT. 21 N., R. 116 W., of the 6th P.M., Lincoln County, Wyoming and being more particularly described as follows: Commencing at comer 2 of Tract 55 of the resurvey ofT. 21 N., R. 116 W., 6th P.M., Lincoln County, Wyoming, where is found a standard G.L.O. brass cap_ Thence, N 0°06' 43"E, 1317.78 feet along the east boundary of said Tract 55 to comer 1 of said Tract 55 where is found a standard brass cap; Thence N 41 °45'34"E, 1 018.92 feet to the Point of Beginning of this description. Said point of beginning being the north west comer of that particular parcel ofland recorded in Book 314 on Page 453, on file in the Lincoln County Clerk's Office, herein after known as the Challinor Parcel and being a point on the west boundary ofthe Fossil Butte Addition to the City of Kemmerer and being a point on that particular parcel of land conveyed from The Pittsburg and Midway Coal Mining Co. to the City of Kemmerer as recorded in special warranty deed filed in Book 590 PR Pages 785 to 788 on file in the Lincoln County Clerk's office, herein after referred to as the P. and M. to Kemmerer parcel. The following four (4) courses being along the boundary line of said P. and M. to Kemmerer parcel. Thence S 27°02'03"E, 255.55 feet (S 26°34'E ,255.63 feet record) along the westerly boundary of said Challinor parcel to the southwest comer of said Challinor parcel, where is found an aluminum cap; Thence, N 62°57'30"E, 359.82 feet (N 63°26'E ,360.00 feet record) along the southerly boundaries of said Challinor parcel to the southeast comer of said Challinor parcel, where is found an aluminum cap on a 5/8" rebar; Thence, S 28°17'06"E, 61.11 feet (S 26°34'E record) along the westerly line of Sage Avenue to the northern most comer of Lot 1 of the Sunset Addition to the Town of Kemmerer, Wyoming, where is found an aluminum cap on 5/8" rebar; Y:\4072 Kern - High Desel1 Survey\DESCRIPTIONS\Canyon N East side.doc ~,i:;:::;;:':"~ 1(.....,.I.I:.'''...:"j '·d::::'.:c.:.L3 tiliiiliilit¡~~ 091.6851 COOS12 Thence S 62°59' 12"W, along the north boundary line of Block 4 of the Sunset Addition. 300.03 feet (S 63°26'W ,300.00 feet record) to the northwest comer of said Block 4, where is found an aluminum cap on a 5/8" rebar; Thence S 10058'24"W, 683.91 feet to a point where is found an aluminum cap on a 5/8" rebar; Thence S 16°11 'lO"E, 346.55 feet to a point on the northerly boundary of Lot 1 of Block 1 of the Lincoln Heights Subdivision to the Town of Kemmerer where is found an aluminum cap on a 5/8" rebar. Said point being a point on the boundary line of said P. and M. to Kemmerer parcel. Thence S 62°56'41 "W, 254.18 feet along the boundary of said Lincoln Heights Subdivision to the northwest comer of Lot 4, Block 1, of said Lincoln Heights Subdivision, where is found an aluminum cap on a 5/8" rebar; Thence continuing S 62°56'41"W, 30.00 feet to a point where is found an aluminum cap on a 5/8" rebar; Thence S 27°01 '37"E, 119.93 feet to a point where is found an aluminum cap on a 5/8" rebar; Thence S 71 °25'31 "E, 95.90 feet to a point where is found an aluminum cap on a 5/8" rebar; Thence N 22°49' 19"E, 4.58 feet to a point on the westerly boundary of said Lot 4, Block 1, where is found an aluminum cap on a 5/8" rebar. Said point being a point on the east boundary line of said P, and M. to Kemmerer parcel. The following three (3) courses being along said P. and M. to Kemmerer parcel. Thence S 67°05'01 "E, 61.28 feet to the northwest comer of Lot 1, Block 2 of said Lincoln Heights Subdivision, where is found an aluminum cap on a 5/8" rebar; Thence S 27°06'31 "E, 127.07 feet (S 27°58'E, 127.25 feet record) along the westerly boundary of said Lincoln Heights Subdivision to a point on the northern boundary of Lot 5 of Block 2, of said Lincoln Heights Subdivision where is found an aluminum cap on a 5/8" rebar; Thence S 63°01 '34"W, i96.09 feet (S 63°02'W, 196.25 feet record) along the boundary of said Lincoln Heights Subdivision, to the northwest comer of Lot 7, Block 2, of the said Lincoln Heights Subdivision, where is found an aluminum cap on 5/8" rebar; Thence S 10° 16' 14"W, 452.45 feet to the northeast comer of a particular parcel ofland recorded and described in Book 29 on Page 84, herein after known as the Tank Fann Parcel, where is found an aluminum cap on a 5/8" rebar. Y:\40n Kern - High Desert Survey\DESCRIPTJONS\Canyon N East side.doc ~ II"· . . :. :~: 091.6851. '. C00813 The following six (6) courses being along said P. and M. to Kemmerer parcel. Thence N 89°43' 51 "W, 255.52 feet (S 90000'00"W, 255.42 feet record) along the north boundary of said Tank Fann Parcel to the northwest comer of said parcel, where is found an aluminum cap on 5/8" rebar; Thence S 0023'30"E, 301.95 feet (S OOOO'OO"W, 301.78 feet record) along the west boundary of said Tank Fann Parcel to the northern boundary of the Lincoln Heights 3rd Subdivision to the Town of Kemmerer, Wyoming. Said point being monumented with an aluminum cap on a 5/8" rebar; Thence N 89°59'31 "W, 269.17 feet (N 90000'00"W, 269.16 feet record) along the boundary of said Lincoln Heights 3rd Subdivision to the north west comer of 5th West A venue, where is found an aluminum cap on a 5/8" rebar; Thence S 0°02' 11 "E, 140.06 feet (S OOOO'OO"E, 140.00 feet record) along the boundary of said Lincoln Heights 3 rd Subdivision and the west boundary of 5th West Avenue to the northeast comer of a particular parcel of land described and recorded in Book 171 on Page 533 on file at the Lincoln County Courthouse, herein after known as the PP&L Transfonner Parcel, where is found an aluminum cap on a 5/8" rebar; Thence N 89°56'59"W, 362.37 feet (N 90000'00"W, 362.14 feet record) along the north boundary of said PP&L Transfonner Parcel to the northwest comer of said parcel where is found an aluminum cap on a 5/8" rebar. Said point also being a point on the east boundary line of Lot 2, Block 7 of the Lincoln Heights 4th Subdivision. Thence N 15°45'29"W (N 15°39'51"W record), 6.68 feet to a point on a curve to the left on the southeast boundary of a particular easement described and recorded in Book 198, on Page 620 on file at the Lincoln County Courthouse herein after known as the Canyon . Road Easement, where is found an aluminum cap on a 5/8" rebar; The following five (5) courses being along the easterly boundary of said Canyon Road Easement. Thence 855.55 feet along said curve to the left. Said curve to the left having a central angle of77°15'25", a radius of 634.50 feet, a chord length of792.20' which bears N 35°34'39"E to a point, where is found an aluminum cap on a 5/8" rebar; Thence N 3°03 '20"W, 829.20 feet to the point of curvature of a curve to the right, where is found an aluminum cap with a 5/8" rebar; Thence 43.64 feet along said curve to the right. Said curve having a central angle of 2°35'24", a radius of965.43', and a chord length of43.64' which bears N 1046'55"W, to a point where is found an aluminum cap on a 5/8" rebar; Y:\4072 Kern - High Desert Survey\DESCRIPTIONS\Canyon N East side.doc ~""""""""'@ .:.;, . t,~" "\:' :.~ '¡' ~ :; ~:~:~'::~::::. ;,~:<';,;t ....,.;"t.t¡.,..:.:11 ~~;iiliill~~) .··,),~;;'tjlf{ '.........'.., .,~,"".¡.,..~.lr?·~'it4~. .... ····;',~';;~¡rI~··, ;... 0916SS1 C00814 Thence N 0033'20"W, 354.12 feet to a point where is found an aluminum cap on a 5/8" rebar. Said point bears N 89°26'30"E , 121.64 feet ttom said Comer No.1 of said Tract 55. Thence N 0°33' 17"W, 620.26 feet to the point of curvature ofa curve to the right, where is found an aluminum cap on a 5/8" rebar; Thence 39.39 feet along the arc of said curve to the right. Said curve having a central angle of 90° 11 '38", a radius of25.02 feet and a chord length of35.45 feet which bears N 44°25'34"E, where is found an aluminum cap on a 5/8" rebar. Thence N 89°12'57"E, 146.55 feet to the point of curvature of a curve to the left, where is found an aluminum cap on a 5/8" rebar; Thence 412.68 feet along the arc of said curve to the left to the point of beginning. Said curve to the left having as central angle of32°30'36", a radius of727.31 feet, and a chord length of 407.17 feet, which bears N 74007' 58"E, The parcel described here in contains 32.76 acres more or less. Y:\4072 Kem - High Desert Survey\DESCRIPTIONS\Canyon N East side.doc 091.6851 (. I., 00815 Legal Description Kemmerer Retained Utility Easement North end ofSth West Avenue (Revised 1/26/06) A 40 foot wide utility easement located within the corporate limits of the City of Kemmerer, Wyoming and in Tract 52, Section 14 of the resurvey ofT. 21 N., R. 116 W., of the 6th P.M., Lincoln County, City of Kemmerer, Wyoming. Said easement being 40.0 feet in width and being bounded on the south by the north boundary line of 5th W est Avenue as identified on the Lincoln Heights 3rd Subdivision Plat to the City of Kemmerer and bounded on its north by the south boundary of that particular water line easement of the City of Kemmerer as recorded in book 198PR on page 616 both on file in the Lincoln County Clerk's Office and being more particularly described as follows; Commencing at the northwest comer of 5th West Avenue as identified on the Lincoln Heights Third Subdivision to the City of Kemmerer; Thence S 89° 59'31" E along the northerly boundary line of said 5th West Avenue and the northerly boundary line of said Lincoln Heights Third Subdivision, 10.0 feet to the Point of Beginning of this description; Thence N 0° 02' 11 "E along a line parallel with the west boundary line of said 5th West Avenue, 28 feet more or less to the south boundary line of that particular water line easement as recorded in book 198PR on page 616 on file in the Lincoln County Clerk's Office (herein after referred to as Kemmerer Water Line Easement); Thence easterly along said south boundary of said Kemmerer Water Line Easement, N 89° 06'E more or less 40.0 feet; Thence S 0 02' 11 "W, 29 feet more or less to the northerly boundary line as said Lincoln Heights Third Subdivision; Thence N 89° 59'31 "W, 40.0 feet along said northerly boundary line of said Lincoln Heights Third Subdivision to the point of beginning. Said easement contains 1144 square feet more or less. Y:\4072 Kern - High Deseli Survey\DESCRlPTIONS\5th WEST UTILITY EASE.doc ruIT";"":'illillJ !;';~;;¡N¡';·";·:·';'"' \:·¡~~~JJ~~:·::P. ;:Ølij::::*~:*~~~: ~~~;~0 " . . 091685~ ·.·00816 Lee:al Description Kemmerer Retained Pedestrian Path Easement (Revised 1/25/06) A 30 foot wide access easement for a pedestrian walkway and bike path located within the corporate limits of the City of Kemmerer, Wyoming and in Tracts 52, 53 and 58, Sections 14 and 23 ofthe resurvey ofT. 21 N., R. 116 W., ofthe 6th P.M., Lincoln County, City of Kemmerer, Wyoming. The boundary lines of said easement being 15.0 feet offset and parallel to the following described centerline and extending to or truncating at the boundary lines of that particular parcel ofland conveyed from The Pittsburg and Midway Coal Mining Co. to the City of Kemmerer as recorded in book 590PR on page 785 and the east boundary line of the Canyon Road Easement as described and recorded in book 198 PR page 620 both on file in the Lincoln County Clerk's Office. Commencing at comer 2 of Tract 55 of the resurvey ofT. 21 N., R. 116 W., ofthe 6th P.M., Lincoln County, Wyoming, where is found a standard G.L.O. brass cap; Thence N 0°06' 43"E, 1317.78 feet along the east boundary of said Tract 55 to comer 1 of said Tract 55 where is found a standard G.L.O. brass cap; Thence, N 41 °45'34"E, 1018.92 feet to the Point of Beginning ofthis description; Said point of beginning being at the intersection ofthe southerly boundary of the Carbon Street easement and a particular parcel of land described and recorded in Book 34 on Page 453, both on file at the Lincoln County Court House, where is found an aluminum cap on a 5/8" rebar; Thence S 63°59'08"W, 227.42 feet to a point; Thence S 84°12'25"W, 245.23 feet to the point of curvature of a curve to the left; Thence 130.16 feet along the arc of said curve to the left. Said curve to the left having a central angle of 72°05' 10", a radius of 103.46' and a chord length of 121.75 feet which bears S 46°53'37"W; Thence S OooOO'OO"W, 443.05 feet to a point; Thence S 13°48'27"E, 116.43 feet to a point; Thence S 1°47'04"W, 155.54 feet to the point of curvature of a curve to the right; Thence 133.72 feet along the arc of said curve to the right. Said curve to the right having a central angle of 17°46'29", a radius of 431.05 feet, and a chord of 133.19 feet which bears S 9°55'3 7"W. Said point being the point of curvature of a curve to the left; Y:\4072 Kern - High Desert Survey\DESCRIPTIONS\Pedestrian Path.doc 0916851. C00817 Thence 225.63 feet along the arc of said curve to the left. Said curve to the left having a central angle of37°43'39", a radius of342.66 feet and a chord length of221.58 feet, which bears S 2°52'55"E; Thence S 18°41 '26"E, 92.02 feet to a point; Thence S 4°50' 15"E, 503.07 feet along said centerline to a point; Thence S 9°16'50"W, 203.94 feet to a point; Thence S 1°02'32"W, 143.16 feet to a point; Thence S 31 °50'33"W, 274.80 feet to a point on a nontangental curve to the right; Thence 327.50 feet along the arc of said curve to the right, to the point oftenninus. Said curve to the right having a central angle of23°13'07", a radius of808.15 feet and a chord length of325.26 feet, which bears S 57°41 '08'W. Said point oftenninus is a point on the southern boundary of Canyon Road as defined in Lincoln Heights 4th Subdivision to the City of Kemmerer, Wyoming, where is found an aluminum cap on a 5/8" rebar. The angle point on the east boundary line of Lot 2, Block 7 of the Lincoln Heights 4th Subdivision to the City of Kemmerer bears S 15° 45'29"E, 55.48 feet fi-om said point of tenninus. The centerline described here in being 3221.7 feet in length more or less. Y:\4072 Kern - High Desert Survey\DESCRIPTIONS\Pedestrian ~~¡,b, ,4R8.. ~" ,I,' "j 'l'lfl~ ~...jI,'I'.'.'.'.'I' -I," '... ,..- "I'~;'¡' !/_I ~.,II"'I'II,.,I""I' ;:';:::::::i!~ ~:~:j;:-::~ ~~~~~~::!:.;.:.:.'