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HomeMy WebLinkAbout921117 RECEIVED 8/9/2006 at 4:10 PM 000614 RECEIVING # 921117 BOOK: 629 PAGE: 614 JEANNE WAGNER WARRANTY DEED LINCOLN COUNTY CLERK KEMM , ERER, WY U -1 ...;¡ >. - .J;) 1:>1) "ö .S ~a .... ° ° >-. ~~S ~J~Õ § ç: -1:) ~ ~ .0°,,-, .... ~ '" U .... -- U) ::J ~µ:¡o <=-cu Š t:: ~ ;:;I ~ ¡(j u2 0.....· ~¡.:: .- IV r<::: U ["""r-: ~ ~ Rollin Gardner and Tami Gardner, husband and wife, of Afton, Lincoln County, Wyoming, grantors, for and in consideration of TEN AND NO/100 DOLLARS ($10.00), and other valuable considerations, in hand paid, receipt whereof is hereby acknowledged, CONVEY and WARRANT to Russell Gardner and Trish Gardner, husband and wife, as tenants by the entireties, grantees, of 223 Papworth Lane, Afton, WY 83110, the following described real estate, situate in Lincoln County and State of Wyoming, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of the State, to-wit ('the Land"): Leqal Description of the Land That part of the Lot 1 (NE%NE%) of Section 1, T31 N R119W, Lincoln County, Wyoming, being all of that tract of record in the Office of the Clerk of Lincoln County in Book 422 of Photostatic Records on page 882 and part of that tract of record in said Office in Book 293 of Photostatic Records on page 442, described as follows: BEGINNING at the northwest corner of said Lot 1; thence SOoo-11'-21"E, 410.80 feet, along the west line of said Lot 1, to the southwest point of said tract of record in Book 422; thence continuing SOoo-11'-21 "E, 205.40 feet, to a point; thence N89°-14'-54"E, 212.08 feet, parallel with the north line of said Lot 1, to a point; thence NOoo-11'-21 "W, 205.40 feet, to the southeast point of said tract in Book 422; thence continuing NOoo-11'-21"W, 410.80 feet, along the east line of said tract, to a J spike at the northeast corner thereof, on the north line of said Lot 1; ICf \, . thence S89°-14'-54"W, 212.08 feet, along the north line of said Lot 1, to the CORNER \ OF BEGINNING; ENCOMPASSING an area of 3.00 acres, more or less; the BASE BEARING for this survey is the north line of the NE% of Section 1, T31 N R119W, being N89°-14'-54"E; SUBJECT to that easement of record in said Office in Book 160 of Photostatic Records on page 112 for Papworth County Road No. 12-145; eaèh "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; 1 " '".-, ·,;;:(~~j~~1¡¡¡tl¡.C 000615 ¡f;í 'fli, ")I, ";í .dr,' ..~. fì "lJ.J~.at.JLJl ! each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL L TO AFTON WY PLS 5368", with appropriate details; each "spike" marked by a 3/8" x 12" steel spike referenced by a 5/8" x 24" ,steel reinforcing rod with 2" aluminum cap inscribed, "SURVEYOR SCHERBEL' L TO AFTON WY PLS 5368", with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "ROLLIN GARDNER AND TAM I GARDNER PLAT OF FAMILY EXEMPT TRACTS AND BOUNDARY ADJUSTMENT WITHIN THE E~NE% E~SE% SECTION 1 T31 N R119W LINCOLN COUNTY, WYOMING", dated 18 July 2006, as revised. SUBJECT TO THE FOLLOWING COVENANTS RUNNING WITH THE LAND Grantors hereby declare that the Land shall be held, sold and conveyed subject to the following perpetual restrictive covenants which shall run with the Land and be binding on all parties having any right, title or interest in the Land or any part thereof, and their heirs, successors, and assigns: 1. The land shall be used exclusively f<?r single-family residential purposes, and no more than one family (including servants and transient guests) shall occupy such residence. 2. The Land and any and all improvements from time to time located thereon shall be maintained in good condition and repair. 3. No activities may be conducted on the Property other than those specifically allowed in Paragraph 1 above. 4. No manufactured house, house trailer, mobile home, tent, teepee, shack or similar facility or structure shall be kept, placed or maintained upon the Land at any time. The terms "manufactured house", "house trailer" or "mobile home" as used herein include, but are not limited to, any building or structure with wheels and/or axles and any vehicle, used at any time, or constructed so as to permit its being used for the transport thereof upon the public streets or highways and constructed in a manner as to permit occupancy thereof as a dwelling or sleeping place for one or more persons, and shall also mean any such building, structure or vehicle, whether or not wheels and/or axles have been removed, after such building, structure or vehicle has been placed either temporarily or permanently upon a foundation. ~illlliiliillm;¡Ù~~ 2 · .;/::::i:¡i¡¡~~¡¡¡¡¡¡¡:!· ,,:'illl¡l 0006:1. ~ OS;':;111~;; 5. If any of these restrictive covenants are ever violated, either in whole or in part, in addition to any other remedy provided by law, any person or persons who is or are injured by such violation, may bring an action in court to enjoin such violation, and if successful, recover all costs and expenses of doiMg so including a reasonable attorney fee. SUBJECT TO THE FOllOWING RIGHT OF FIRST REFUSAL OPTION Grantors, for themselves and their heirs, successors and assigns, hereby reserve a perpetual right of first refusal option with regard to the land. If at any time, Grantee, its successors or assigns, shall receive a bona fide offer from a purchaser to purchase the land, Grantee shall send Grantors written notice of the offer together with a complete copy thereof indicating its intention to accept the offer. Grantors shall have the right within thirty (30) days of receipt of the notice to exercise their option to purchase the property at the price and on the terms set forth in the offer to Grantee by sending to Grantee written notice of exercise of the option. Thereupon, Grantors shall purchase the property according to the price, conditions and terms set forth in the offer to Grantee. ALSO SUBJECT TO all covenants, conditions, easements, exceptions, restrictions, reservations and rights of way of sight or record. THIS IS A FAMilY EXEMPTION CONVEYANCE UNDER W.S. 18-5-303(a)(i). WITNESS our hands as of this 2nd day of August, 2006. ¡{A C~L Rollin Gardner ( ~ fff~ Tami Gardner 3 ._ .0.0.061. ~ n();···)' .j"':11s;;1.:t¡ i';J STATE OF WYOMING ss. COUNTY OF LINCOLN The foregoing Warranty Deed was acknowledged before me by Rollin Gardner and Tami Gardner, husband and wife, this .LJtI> day of August, 2006. Witness my hand and official seal. i , ~~ ~'!!4'-~ NOTARY PUBLIC My commission expires: 9-/6-07 -- ~ GLORIA K BYERS. NOTARY PUBLIC ~ County of 0:.' State of Un coIn - Wyo' ~ My C· ,. mlng · ommfsslon Expires Sept. 15, 2007 4 [;~ill~ili~~~ilirn