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Home My WebLink About919871 RECEIVED 6/30/2006 at 4:55 PM ,l1 RECEIVING # 919871 S BOOK: 625 PAGE: 337 COO a a 7 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER WY ...., - ,., - - -- - ---.---- -·-ZA.5ßMENT AGREEMENT u ~ >.--: ..0 /:11) "0 .5 v E 1: 0 o >. ~~..s bfJ'õ g THIS EASEMENT AGREEMENT is entered into by and between INDIAN CREEK, .5 ~ >. ~eiß .~ J3 ~ LLC, a Wyoming Limited Liability Company, 9800 Sorrel Avenue, Potomac, Maryland 20854, ~"V U E ¡::: cr g ~ ~ GRANTOR, and WJW HOLDINGS, LLLP, a North Dakota Limited Liability Limited "V .- ",f-< .- v ~ g Partnership, P.O. Box 7062, Fargo, North Dakota 58106, GRANTEE. .~ :¿ WHEREAS, Grantor and Grantee own adjoining real estate located near Alpine, County (. of Lincoln, State of Wyoming, described, respectively, as follows: Property owned by Grantor: See attached EXHIBIT A; and Property owned by Grantee: See attached EXHIBIT B; and WHEREAS, Grantor desires to create a nonexclusive right of way easement for ingress u. and egress for the non-exclusive benefit of the property owned by Grantee across a portion of the property owned by Grantor. A NOW, THEREFORE, Grantor and Grantee, for themselves, and their heirs, successors, and assigns, agree as follows: A. EASEMENT. A nonexclusive right of way easement for ingress and egress on Halfmoon Drive with the property owned by Grantor, described in EXHIBIT A and as shown on the plat that was filed September 22, 1994 as Plat No. 105-A in the Office of the County Clerk, Lincoln County, Wyoming, to, and in favor of, the herein described property owned by Grantee, described in EXHXBIT B, is hereby created over the above-described Halfmoon Drive. EASEMENT AGREEMENT INDIAN CREEK, LLC / W JW HOLDINGS, LLLP PAGE 1 OF 4 09198t71 C00338 Halfmoon Drive shall remain available for, and Grantor hereby reserves the right to, ingress, egress, and underground utilities across Halfmoon Drive. B. CONSIDERATION. Grantors hereby acknowledge receipt of TEN DOLLARS ($10.00) and other valuable consideration, in hand paid, for the right of way easement granted herein. C. EASEMENT NOT TO BE OBSTRUCTED. Except for temporary obstructions required for the purposes of maintaining and improving Halfmoon Drive, Halfmoon Drive shall not be obstructed in any manner that would impede free ingress and egress. D. IMPROVEMENTS AND MAINTENANCE. Grantor and Grantee hereby agree that as a part of the consideration for this right of way easement, Grantee shall be responsible for paving and for maintaining Halfmoon Drive from the point where it intersects Halfmoon Court north to the end of Halfmoon Drive. Grantor and Grantee agree that Grantee shall be responsible for a proportionate share of the costs of maintaining in reasonably good condition all other portions of Halfmoon Drive, including that portion of Halfmoon Drive that is described in the legal description attached as EXHIBIT C; as a paved roadway, and for the costs of removal of snow from the roadway so that it remains passable for vehicular traffic. Proportionate share shall mean one-tenth (1I10th) of the costs unless Grantee subdivides; then proportionate share shall be two-twelfths (2/11 ths) if one lot is created, three-twelfths (3/12ths) if two lots are created, etc. E. EASEMENT TO RUN WITH THE LAND. The right of way easement created herein shall run with the lands identified herein, and shall be binding on and shall inure to the EASEMENT AGREEMENT INDIAN CREEK, LLC / W JW HOLDINGS, LLLP PAGE20F4 .--~- ...", ~.~ I.. C00339 0919871 benefit of the parties to this Easement Agreement, and their respective heirs, successors or assIgns. IN WITNESS WHEREOF, Grantor and Grantee have caused this Easement Agreement to be executed on this ¿~ day of June, 2006. INDIAN CREEK, LLC, a Wyoming Limited Liability Company OLDINGS, LLLP, akota Limited Liability L mited Partnership BY: STATE OF'WÝoM¡Nr;. ) ) SS. COUNTY OF tI/1/COLtl ) On this 28 t/1. day of June, 2006, before me personally appeared Linda A. Miller, to me personally known, who, being by me duly sworn did say that she is the President of Wyoming View, Inc., Managing Member of Indian Creek, LLC, a Wyoming Limited Liability Company; that she signed the foregoing instrument on behalf of said Company by authority of its Board of Members; and that she acknowledged said instrument to be the free act and deed of said Company. Witness my hand and official seal. EASEMENT AGREEMENT INDIAN CREEK, LLC / WJW HOLDINGS, LLLP PAGE 3 OF 4 0919871. M. KEVIN VOYLES - NOTARY PUBLIC County of .' State ,of Uncoln Wyoming My Commission Expires July 16, 2007 My Commission expires: ð7/¡,J;7 I I STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) C00340 On this 7/f day of June, 2006, before me personally appeared William J. Wiemann, to me personally known, who, being by me duly sworn did say that he is the General Partner of WJW Holdings, LLLP, a North Dakota Limited Liability Limited Partnership; that he signed the foregoing instrument on behalf of said Partnership by authority provided to him in the Partnership Agreement; and that he acknowledged said instrument to be the free act and deed of said Partnership. Witness my hand and official seal. M. KEVIN VOYLES - NOTARY PUBLIC County of State of Uncoln Wyoming MyCommlsslon Expires July 16, 2007 My Commission expires: 07!/~/07 , EASEMENT AGREEMENT INDIAN CREEK, LLC /WJW HOLDINGS, LLLP PAGE 4 OF 4 ~----,~--_.- ¿;~ ~~r ~~:~ E>\] ..:';:! 0919871 '. ¡: 'BOOK, 5 G_Qr~¡;AGB.w..32 ~5 r:EGF: IVLG Ui.!('.Ci!.í.1 C",IFHYCLEr,u.; \VARRANTY DEED . , ' '. 111-'" (] "II II' ¡:; '. 90nb03 ': . .:' !." . ,'v IF /. ~\!r-,Il~ \"!i\GNER :::.··)··'~";;;.I~:'-" !I:Y0~~H"G KNOW ALL PERS'ÛNS BY THESE PIillSENTS;';"'ih;àt 'ÙNDÄ A. MILLER, a ma~ied woman, as her sol'e 'and separatepropeliy, Grantor, of 9800 Son'el Avenue, Potomac, MaryJand 20854-4743, for and in ~onsideration of TEN DOLLARS ($] 0.00) and other valtiable cOf\sideration, in hand paid, receipt of which is hereby ncknowledged, CONVEYS AND WARRANTS to INinAN CREEK, LLC, a Wyoming Limited Liability Company, Grantee, c/o Linda A. Miller, 9800,Sorren Avenue, PotomacM~ryland 20854-4743, and its successors and assigns, the following'described real estate situated in Alpine, County of Lincoln, State of Wyoming, more parficularly descrihed 'as foIl~ws: Lot Nos~'l, 2, 3, 4, '5,6, 7, 8; & 9 of Indian Creek Sub(j¡vision. according to that plat filed September )2, 1994 as Plat No, 105-A in the Office of the County Clerk, Lincoln Coun~, Wyohmg.; , ' Subject to reservations and restrictions contained in the United States Patent and , to easem~nts and right.~-ùf-wayor'record or in llse, , " Together with all improvement and appurtenances thereon, Hereby releasing and 'vaiving all rights under and by virtue of the homestead exemption laws ofthe'State of Wyoming': " WITNESS my hand this ~ iay of June, 2004. ~fJ I, JOHN F. MILLER III, execute this Wananty Deed solely for the purpose of releasing and waiving any Me' all rights pnder and by virtue of the homestend exemptiòn laws of, COÜ3il EXHIBIT A .. '..........: ¡::, , . .:.... ~: ' ", 0' . , .' ' , ;' , " ¡ r: ~ ~..:. J ~ :.~ " , I', ! ~:... ,'. . I. , ' i, :":1:' ),1 ~ .). .... . , ~.j\~)i;L~:2f:2_: " . ;, ..:.... ..... .. ':, R·~"~~;·:.;·t!,r::,:~;' ;,r';,\~:11f: . .~... oéi987j~~";i}:': ' .... ; .'. ..,',~if . ';;i; , (";:J:.[~iL· :~. . !...:., ~: 1-1.,:\_:~: .',' ..... r ~. .~. :'.' :!.,.... ... -". '.. ',' .; . :': ';: ~...'. ...... ~..~'.: . .. . "'" ..:' ;' (.: t"" ':'~!{;:':~~\f~'~! .......: .'1. '. I. ~··.I . ,...... ,09GOb03 , ··326 ~. . the State of Wyoming. j: .., '.) .1 ~J ".j STATE OF MARYLAND ) ) 58. COUNTY OF MONTGOMERY ) AC~OWLEDGED before me by LINDA A. MILLER this :J. 3 " "day of June, 2004. "'1 ,,' ,¡ ,,' .! , WITNESS my hand and official seal. .. ./, ~". "M, c.o1...~.".1 ? . '~.- . -I.. ""IQ\ '.' ~ u" \ ð "~;: ;::!:J~' ' " ....J.. 0' . ~" 'C\ ,\ -.r;. t::.. ir.,.,ë-f. \ .',./"- .,::, ',,' 0 ¡.. , " .~.;~~~ 1;.'·r. '\ \40' .... My.commission expires: :L/ Of / ð ~ ", . ......1 'J _-:, :~ . .:.!¡ i ,,' STATE OF MARYLÁI'~D' ,) ) 58. ) COUNTY OF MONTGm'l1ERY '. . /; . ~ :::~ ~..-1 ACKNOWLEDGED before me by JOHN F. MILLER III 'this ;:{ 3 "J.day of June, , 2004, ;1 WITNESS my hand and official seaL ~'ÚL"~ ........NOTARY UULlC ' ';1' My Commission expires: ?-/o//O (p LUU:)::J::3 . -. ...-.- - RECEIVED 8/12/2005 at 4:54 PM RECEIVING # 910897 BOOK: 594 PAGE: 353 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMME~IT B WARRANTY DEED C00343 ~ :, ':'J '/ . ! AVERY DANIEL PRATT, JR. grantor of Uncoln County, State of Wyoming. for C<Jll5ideration of Ten and 00/100'5 (.$10.00) and other good aDd valuable comideration in hand, receipt whereof Is hereby acknowledged CONVEy AND WARRANT TO WJW HOLDINGS, LLLl', a North Dakota Il.tnited IJability Umlled partnershJp gnn~s, whose address is c/o P.O. box 7062 Fargo, ND 58106 the following, described real estate, situAte in Lincoln County and State of Wyoming, hereby n::leasing and waiving aU rights under and by virtue of the homestead exemption laws of the state to wit: If t:Lvd If?r Lot ~of Alpine VUlage No.1 Plat 3 Amended Fifth Filing, Lincoln CO\JI1ty, WyomIng as described on the offlcial plat f1led March 2, 2005 as Instrument No. 906825. SUBJECT, however, to aU reJCrvatioll5, restriCtiOIU, protective covenants, exceptioos, easements and rights-of-way of record, in sight, or in use, J0 WITNESS OUI hands this /deL day of August, 2005. a:- /Y~ /A"'> D' ;IÍ, " State of Idaho ) )55. County of /J;)~ ) ~ foregoing Instrument was acknowledged before me by Avery Daniel Pratt, Jr. this /0 day of August, 2005. ' 1""" \1' I,,. ,,\\ ~ G. Ii "'" " 0'0 ........ ~.I...'-' $' ')....... .......y ~ = ....""OTARJ.-\ =. ::; t-!:: - .. .. - Witri"ess my hand and official 5eal. , 't/o ~¡¡i_ -; tP ". ~LI ,"0;: ~ ;;....... .....~):,' ...... -1r.......... ~',,, "/1 l: OF \Q I'"~ ""/"11\\\ My Co.mm.iuion Expires: ~Ø'd ~Ø96 ¿¿8 ¿ø£ OJ 31111 lS3MH1noS ~Ø:¿T ~øø~-aT-~ t· '. 091.9871 ProlesalonallSI}(jSurve'VOrs PaulN. Schemel Wyo. Reglslralion No. 164 UlaNAeglslralion No. 1670 IdaM Aeglslralion No, 3990 Nevada Reglslr.UonNo. 6805 Scot! A. Schemel Wyo. Regislrallon No. 3889 Idaho Registration No. 8026 Ulah Aegislrallon No. 372111 MARLOWE A. SCHERBEl Wyo. RegislraUon No. 5368 SurvSytlr Scherbøl, LTD. ANon, Wyoming Big Plnøy, Wyoming Jackson, Wyoming lava Hal Springs, Idaho Montpelier. Idaho , , --_.~~.-Dw(J,£l-3·4-4------------- EXHIBIT C DESCRIPTION FOR LINDA MILLER EASEMENT ACROSS LOT 63 OF ALPINE VILLAGE SUBDIVISION NO. 1 PLAT 3 AMENDED To-wit: - - That part of Lot 63 of Alpine Village Subdivision No I Plat 3 Amended of record in the Office of the Clerk of Lincoln County, as Plat No.1 08A within the SWV.SWv. of Section 17, T37N R118W, Lincoln County, Wyoming, described as follows: BEGINNING at a point on the west line of said Lot 63, NOOo-07' -04"E, 393.03 feet from the southwest comer of said Lot 63; thence N68°-44' -29"E, 42.46 feet, to a point at the beginning of a circuJar curve to the right; thence southeasterly, 162.81 feet, along the arc of said curve through a central angle of 48°-05'-03" with a radius of 194,00 feet, to a point; thence S63°-10'-27"E, 120.97 feet, to a point at the beginning of a circular curve to the left; thence nOliheasterly, 286.66 feet, along the arc of said curve through a central angle of 85°-32'-43" with a radius of 192.00 feet, to a point; thence N3l 0-16'-50"E, 22.23 feet, to a point on the east line of said Lot 63; thence NOoo-10'-39"W 15.26 feet, along said east line to the northeast point of said Lot 63, being the beginning of a non-tangent circular curve to the right which has its radius point bearing is N55°-21' -18"W; thence coursing the northerly and westerly boundary of said Lot 63 as follows: southwesterly, 301.44 feet, along the arc of said curve through a central angle of 85°_ 30' -03" with a radius of 202.00 feet, to a point; N59°-51' -15"W, 243.81 feet, to a point at the beginning of a circular curve to the left; southwesterly, 124.15 feet, along the arc of said curve through a central angle of 120°- 01' -41" with a radius of 59.27 feet to a point; SOoo-07' -04"W, 70.50 feet, to the POINT OF BEGINNING; ENCOMPASSING an area of 0.71 acres, more or less; the BASE BEARlNG for this survey is the east line of said Lot 63, being NOoo-1O'-39"W; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368", with appropriate details; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; fed to be filed in the Office of the Clerk of Lincoln S OT 63 OF ALPINE VILLAGE SUBDIVISION THE SWV.SWv. SECTION 17 T37N R118W ( ated 29 July 2003, as revised. "ModificcflJofn¡rany way of the foregoing description terminates liablli1y-öt the surveyor"