HomeMy WebLinkAbout922286
:;~8ælillt!'~;
00020:1
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
SAL T RIVER RANCH
This Declaration of Covenants, Conditions and Restrictions regulatirig and
controlling the use and development of certain real property known commonly
as Salt River Ranch is made to be effective upon recording hereof with the
Lincoln County Wyoming Clerk's Office, by The Narrows Development Corp., a
Wyoming limited liability company, owner of that certain real property more
particularly described on Exhibit" A" attached hereto (the "Property").
I
I WHEREAS, these Covenants, Conditions and Restrictions are intended to
preserve and to maintain the natural character and value of the Property for the
Owners and to provide a governance structure and a flexible system of standards
and procedures for the overall development, administration, maintenance and
preservation of the Property and the Residential Parcels;
NOW, THEREFORE, the undersigned declares that the Property shall be
owned, held, sold, conveyed, encumbered, leased, used, occupied and developed
subject to the following reservations, easements, restrictions, covenants and
conditions which are for the purpose of protecting the value and desirability of
and which shall run with the Property and be binding upon all parties having
any right, title or interest in and to the Property, or any part thereof, their heirs,
successors, and assigns.
1. Definitions. The following terms shall carry the following
definitions for purposes of this Declaration.
a. "Association" shall mean arid refer to that certain non-profit
Wyoming corporation described below in Section 3.
b. "Board" shall refer to the Board of Directors of the
Association, as governed by this Declaration and the Bylaws of the
Association.
c. "Building Envelope" shall mean an area within a Residential
Parcel where all structures and above ground improvements shall be
located, as approved by the Site Committee in their sole discretion.
RECEIVED 9/8/2006 at 12:31 PM
RECEIVING # 922286
BOOK: 633 PAGE: 201
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
",.._.,-,"".,.,.........
000202
d. "Common Roads" means the roadways within the Property
which provide access to the Residential Parcels as shown on the Map.
Private driveways shall not be considered Common Roads.
e. "Common Services" shall mean roadway maintenance/snow
removal services, common utility line maintenance, security services and
other common services provided by the Association for the benefit of the
Owners.
f. "Declarant" shall mean and refer to The Narrows
Development Corp., a Wyoming corporation, and its successors and
assigns.
g. "Declaration" shall mean and refer to this Declaration of
Covenants, Conditions and Restrictions for Salt River Ranch.
h. "Design Guidelines" shall mean and refer to the Design
Guidelines that have been adopted by the Site Committee as of August 4,
2006, as such document is amended or modified. The Design Guidelines
may be amended or modified from time to time by the Association.
1. "Map" shall mean and refer to that certain Map of Survey -
Salt River Ranch prepared by Surveyor Scherbel, Ltd. and recorded on _
in the records of the Lincoln County Clerk, Lincoln
County, Wyoming.
j. "Owner" shall mean and refer to the record Owner(s),
whether one or more persons or entities, of fee simple title to any Parcel.
k. "Parcel" shall mean the Residential Parcels.
1. "Property" or "The Ranch" shall mean and refer to that
certain real property more particularly described on Exhibit" A" which is
attached hereto and made a part hereof.
m. "Residential Parcel" shall mean and refer to any of the
eighteen (18) residential Parcels of land more particularly described on the
Map, as modified by the Declarant.
Declaration of Covenants, Conditions and Restrictions for
Salt River Ranch
-2-
m;!~m~Œ@if!
:~:~1ijm~f~:
. -. .....-....."
..... ....-........
000203
n. "Site Committee" shall mean and refer to the site committee
as described in Section 7 herein.
I
I
I !
I I 2. Design and Construction Standards. The following standards and
i-Jstrictions are applicable to the construction, remodeling, alteration and exterior
finishing of any and all structures, improvements and development on each
Parcel.
a. The Design Guidelines shall regulate the construction,
remodeling, alteration and exterior refinishing of any and all structures
and improvements on the Property as well as the alteration and
development of the land surface of the Property.
b. No structures shall be permitted on any Residential Parcel
outside of the Building Envelope unless otherwise approved by the Board.
Building Envelopes for each Residential Parcel shall be established by the
Site Committee upon application by the Owner to the Site Committee.
c. All utility lines shall be installed underground.
d. All roads, driveways, excavations, ponds or other surface
disturbances shall require approval by the Site Committee.
3. Creation of Owners Association. The Declarant has organized Salt
River Ranch Owners Association, a Wyoming non-profit corporation, to
administer and to manage the Common Services and to enforce the Declaration
for the benefit of the Owners. Each Owner of a Parcel shall be a member of the
Association which shall be managed by the Board. The meetings of the Associ-
ation, the authority of the Board and such other governance matters shall be
determined by the Association's constituent documents including its Articles of
Incorporation, its Bylaws and its policies and procedures adopted from time to
time.
4. Maintenance Assessments.
a. Creation of the Lien and Personal Obligation 'for
Assessments. Each Owner of a Parcel, by acceptance of a deed therefore,
whether or not it shall be so expressed in such deed, is deemed to have
consented to be subject to this Declaration and agrees to pay the
Association:
Declaration of Covenants, Conditions and Restrictions for
Salt River Ranch
- 3 -
000204
1. Regular assessments or charges, if any; and
11. Special assessments for capital improvements, such
assessments to be established and collected as hereinafter provided.
The regular and special assessments, together with interest costs and
reasonable attorney's fees, shall be a lien prior to any other liens or
encumbrances (e.g., mortgages) against the Parcels and shall be a
continuing lien upon the Parcel against which each such assessment is
made. Each such assessment, together with interest, costs and reasonable
attorney's fees shall also be the personal obligation of the entity or person
who was the Owner of such Parcel at the time when the assessment
became due and payable. In the event that an assessment remains unpaid
after filing a lien, the Association will have the right to foreclose on the
lien. Notwithstanding the foregoing, those Parcels or portions of the
Property while owned by the Declarant shall not be subject to such
assessments.
b. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to promote the health, safety and
welfare of the residents of the Property, to include (without limitation),
when and if necessary, the road maintenance for the Common Roads and
utility line maintenance, fence maintenance along common roadways,
management contracts and other expenses incurred on behalf of the
Owners by the Association.
c. Annual Budget. The Board shall prepare an annual budget
for Common Services and administration of the Association and shall fix
the amount of the assessments based upon its budget.
d. Special Assessment for Capital Improvements. In addition
to the regular assessments authorized above, the Association may levy, in
any assessment year, a special assessment applicable to that year only for
the purpose of defraying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the
Property or the Common Roads or utilities, including fixtures and
personal property related thereto, provided that any such assessment shall
have the consent of a majority of the Owners who are voting in person or
by proxy at a meeting duly called for this purpose.
Declaration of Covenants, Conditions and Restrictions for
Salt River Ranch
- 4 -
jJlliili~m~mÉill;.~
¡ ::}~¡~~i~~!¡~I¡~¡~i:
000205
e. Notice and Quorum for Any Action Authorized Under
Paragraph D. Written notice of any meeting called for the purpose of
taking any action authorized under paragraph D shall be sent to all
Owners not less than thirty (30) days nor more than ninety (90) dâys in
advance of the meeting. At the first such meeting called, the presence of
Owners or of proxies entitled to cast a majority of all the votes of the
Owners shall constitute a quorum. Each Residential Parcel shall be
entitled to one (1) vote. In the event that the Owners of a Residential
Parcel cannot agree how to vote said Residential Parcel's one (1) vote, said
vote shall not be counted. If the required quorum is not present, another
meeting may be called subject to the same notice requirement, and the
required quorum at the subsequent meeting shall be one-half (1/2) of the
required quorum at the preceding meeting. No such subsequent meeting
shall be held more than sixty (60) days following the preceding meeting.
f. Uniform Rate of Assessment. Except as otherwise expressly
provided herein, all assessments must be fixed at a uniform rate for all
Residential Parcels and may be collected on an annual or other regular
interval determined by the Board. Assessments may not increase on an
annual basis in an amount that exceeds five percent (5%) of the assessment
that Owners paid in the previous calendar year. Notwithstanding the
foregoing, in the event of circumstances beyond the control of the
Association (including, but not limited to, an exceptionally high snowfall
year that causes unanticipated snow plowing costs) that cause an increase
in costs to the Association above such 5% threshold, the Association
reserves the right to increase such assessments to the extent of such
increased costs.
g. Date of Commencement of Annual Assessment: Due Dates.
The assessments provided for herein shall commence as to all Residential
Parcels on the 1st day of January, 2008. The Board shall fix the amount of
the annual assessment against each Residential Parcel at least thirty (30)
days in advance of each annual assessment period (January 1 - December
31). Written notice of the annual assessment shall be sent to every Owner
subject thereto. The due dates shall be established by the Association.
The Association shall, upon demand for a reasonable charge, furnish a
certificate signed by a member of the Board setting forth whether the
assessments on a specified Residential Parcel have been paid.
Declaration of Covenants, Conditions and Restrictions for
Salt River Ranch
-5-
000206
h. Effect of Nonpayment of Assessments: Remedies of the
Association. Any assessment not paid within thirty (30) days after the due
date therefore shall bear interest from the due date at the rate of fifteen
percent (15%) per annum. The Association may bring an action at law
against the Owner personally obligated to pay the same, or foreclose the
lien against the Residential Parcel. No Owner may waive or otherwise
escape liability for the assessments provided for herein.
1. Declarant Responsibility. Prior to January 1, 2008, the
Declarant shall be responsible for providing and paying for the Common
Services.
5. Acquisition/Division of Property.
a. Further Division of Property. The Property shall not be
divided into more than twenty one (21) Parcels including the Residential
Parcels, unless additional property is annexed into the Salt River Ranch
subdivision. None of the Parcels shall be less than six (6) acres, provided
however, a Parcel, may be further subdivided solely for the purpose of
accommodating and granting a conservation easement on that entire
Residential Parcel to a qualified charitable conservation donee
organization as such is defined in the Internal Revenue Code relating to
conservation easements, as the same may be amended from time to time.
No further subdivision of any Parcel is otherwise permitted. The division
of a Residential Parcel which may involve the deeding of a portion of that
Residential Parcel to the qualified donee shall be in the minimum acreage
necessary to effectuate the validity of the conservation easement. The
portion of the Residential Parcel deeded to the qualified donee is defined
herein as being the "Donee ParceL" The Owner of the Donee Parcel shall
not be accorded any rights to or use any amenities of the Property as such
have been established in these Covenants. Nor shall any development be
allowed on the Donee Parcel and the Owner of the Donee Parcel shall not
be considered a Parcel Owner for purposes of membership in or having
any participatory rights (including, but not limited to voting rights) in the
Association. The Owner of the Donee Parcel shall not be liable to pay any
assessments of any kind levied by the Association. That obligation shall
remain with the Owner of the Residential Parcel from which the Donee
Parcel was created. Any lien rights of the Association shall not apply to
the Donee Parcel. The Donee Parcel shall be subject to all restrictions on
use contained in these Covenants. Any deed to the Donee Parcel shall be
Declaration of Covenants, Conditions and Restrictions for
Salt River Ranch
- 6 -
:I:;;!~;1m~~~WiW~~
~ ~~~¡¡;i~;~;1¡~~iJ!¡;
000207
made specifically subject to any easements or rights or use accorded to the
Association or any individual Parcel Owner established in the Declaration.
b. Right to Include Additional Properties. Declarant reserves
the right to subject any additional subdivision filings for real pr6perty
within or contiguous to the Property to the terms, conditions, and
restrictions of this Declaration, thereby making the owners of such
property members of the Association as herein provided. Inclusion of
additional properties may be accomplished, 'in the sole discretion of
Declarant, or Declarant's successors or assigns, by recording a Declaration
of Covenant describing the property upon which this Declaration is to be
imposed and adopting this Declaration by specific reference to the date,
instrument number, date of recording and recording information for this
Declaration as reflected in the records of the Lincoln County Clerk,
Lincoln County, Wyoming. Upon such recordation, the additional
properties shall be subject to this Declaration as if the same were set forth
in full in such Declaration.
6. General Restrictions. The following general restrictions shall
apply to the Property:
a. Each Parcel may be used for residential purposes only.
Provided however, that nothing in this paragraph shall be deemed to
prevent any artist, artisan, craftsman or other professional from pursuing
his artistic or other similar calling upon the Residential Parcel, is self-
employed, has no employees working on such Residential Parcel, and
does not advertise any product or work for sale to the public upon such
Residential Parcel. The rental of any main house or guest house on any
Parcel shall be for a period of no less than sixty (60) days. Rental terms of
less than sixty (60) days are not allowed.
b. Only the following buildings and structures may be built on
each Residential Parcel: a primary dwelling unit, a detached garage with
a minimum of 2 stalls, two guest houses, a detached barn, and other
buildings and improvements ancillary to the foregoing. Principal
dwelling units must be a minimum of 2500 square feet on the above-
ground main floor. Guest houses may not exceed 2000 square feet on the
above-ground main floor. No structure shall exceed 35 feet in height on
any Parcel.
Declaration of Covenants, Conditions and Restrictions for
Salt River Ranch
- 7 -
m":':-:';'''':':':''';''''
,Iii,.. ....'.. ....,..';,.,> ~
1'1~:r;j!~'{:-2)
000208
c. No noxious or offensive activity shall be carried on any
Residential Parcel, nor shall anything be done or placed thereon which
may be or become a nuisance, or cause unreasonable embarrassment,
disturbance or annoyance to other Owners in the enjoyment of their
Residential Parcel. For example, excessively noisy equipment or bårking
dogs constitute an unreasonable nuisance which may be regulated by the
Association. No vehicles may be parked on any Parcel which cannot
operate or are not registered with Lincoln County or similar licensing
authority. Too many vehicles parked on a Parcel may be considered a
noxious or offensive activity in the discretion of the Board.
d. No Residential Parcel shall be used to harbor more than five
(5) household pets. One (1) horse or cow is allowed per acre on each
Residential Parcel. All animals shall be fenced in or otherwise restrained
on the Owner's Parcel. All waste associated with any household pets,
horses or cattle shall be disposed of properly and on a regular basis.
e. Except as otherwise expressly allowed herein, no house
trailer, mobile home, tent, teepee, yurts or similar structure shall be kept,
placed or maintained upon any Residential Parcel at any time; provided
however, that the provisions of this paragraph shall not apply to
childrens' tents, teepees or play structures, or to temporary construction
shelters maintained during, and used exclusively in connection with, the
construction with any work or improvements permitted hereby.
Temporary construction shelters shall not be permitted beyond eighteen
(18) months. No persons shall reside in or live in such temporary
construction shelters or facilities unless specially approved by the
Declarant, and no person shall reside in any trailer, tent, teepee, yurts or
similar structures except for guests of the Owner of a permanent residence
for periods of two (2) weeks or less.
f. No mining, drilling, excavation or other mineral extraction
or drilling activity shall be permitted on any Parcel, including the removal
of gravel and sand; provided that excavation for construction of buildings,
septic tanks, leach fields, utility lines, roadways, and water wells,
landscape purposes or wildlife/fish habitat may be permitted upon the
approval of the Site Committee.
g. Except with the approval of the Association, there shall be no
artificial feeding of wildlife on the Property.
Declaration of Covenants, Conditions and Restrictions for
Salt River Ranch
- 8 -
8;r:;:::::::::::::::w
¡;~::~::::::::t.tk!:~~'
.;~·:;f~i~;mr:1mi
000209
h. Vehicular traffic on the Property shall not exceed fifteen (15)
miles per hour or such other restriction as determined by the Association.
There shall be no recreational motorcycle or all terrain vehicle activity on
any Parcel except to the extent such use is intended for or associated with
ranching or farming activities.
1. No shooting of firearms of any kind IS allowed on the
Property. No hunting is allowed on the Property.
j. Except as expressly permitted hereunder, the Property and
the Parcels shall not be used for commercial or industrial purposes.
k. No fires or burning of trash/refuse are allowed outside of
improvements unless approved by the Board.
1. All construction activities on Residential Parcels shall be
completed within fifteen (15) months of Site Committee approval of
building plans.
m. No fixed wing aircraft landing or departure will be
permitted from the Property. Reasonable helicopter traffic is allowed
during daylight hours.
n. There are water features within the Property that could be
hazardous, particularly for unsupervised children. Declarant and the
Association are not responsible for ensuring the safety of these water
features. Owners therefore waive any claims they may have against the
Declarant and the Association with respect to injury or death that may
relate to or be caused by any water feature within the Property upon the
acceptance of a warranty deed for any Residential Parcel.
7. Site Committee, There shall be a Site Committee which shall
consist of three (3) members. The initial Site Committee shall be composed of
Craig H. Eddins, Robert McMonigle and a third person appointed by the
Declarant. After six (6) Parcels are sold by Declarant, one (1) member of the
original Site Committee shall resign and a new Site Committee member shall be
appointed. Following the sale of twelve (12) Parcels, a second initial member of
the Site Committee shall resign and a new member shall be appointed. After the
1st day of January, 2008, the members of the Site Committee shall be elected by
Declaration of Covenants, Conditions and Restrictions for
Salt River Ranch
- 9 -
.............
,...,.....--.-. - ~,~..,_.
00021.0
the Owners. The Site Committee may be composed of the same individuals who
constitute the Board, but one does not have to be an Owner to be appointed or
elected to the Site Committee.
It shall be the duty of the Site Committee to consider and act :upon
proposals, plans and specifications submitted to it from time to time, to regulate
building plans in accordance with the initial Design Guidelines adopted by the
Site Committee on August 4, 2006 (as subsequently amended) that will serve as a
guide for construction within Salt River Ranch and to perform such other duties
from time to time delegated to it by the Association.
The Site Committee shall meet from time to time (in person, by
telecommunications or other convenient method) as necessary to properly
perform its duties hereunder. The vote or written consent of any two (2)
members shall constitute an act by the Site Committee.
,
I No building, structure, sign, fence, remodeling or improvement of any
kind shall be erected, placed, constructed or permitted on any Residential Parcel
until the plans, specifications and exterior material have been approved in
writing and, if necessary, initial building approval has been issued by the Site
Committee. The Site Committee shall exercise its discretion to issue initial
building approval in accordance with the Design Guidelines.
Prior to commencing any construction or improvements on any
Residential Parcel, an Owner shall submit plans and specifications to the Site
Committee for its review. Prior to placing any other building, structure or
improvement on a Residential Parcel that does necessarily require plans and
specifications (including, but not limited to, a prefabricated shed), an Owner
shall request approval from the Site Committee.
The water table within the Property has been tested and approved by
appropriate regulatory agencies. The Site Committee will cooperate with
Owners on the placement of a well on each Residential Parcel. Declarant is not
responsible for ongoing monitoring of the quality of the water table within the
Property and any Owner upon acceptance of a warranty deed for a Residential
Parcel waives any claim they may have against the Declarant or the Association
with respect to the quality of water within the Property.
Declaration of Covenants, Conditions and Restrictions for
Salt River Ranch
- 10 -
mml~!~~mil;;,:
;¡illff:;¡~m1I?
Of\O?P'J1.
--' U >!V.L
In addition to Site Committee approval, all septic systems on Residential
Parcels must be designed and approved by an engineer licensed in the State of
Wyoming.
8. Grants and Reservations of Easements. The Declarant liereby
grants and reserves for its benefit and all Owners (including the Association) the
following perpetual easements on and for the Property:
a. An easement for ingress and egress on, over and across the
Common Roads (as depicted on the Map) which is to be private for the
use and benefit of and appurtenant to the Property, the Owners, their
guests, invitees and licensees and other individuals or entities as may
from time to time be granted permission to use the Common Roads by the
Owners. No Owners shall use the Common Roads in any way that will
impair the rights of others to use it and shall not obstruct passage thereon
in any way.
b. An easement on, over, across, through and under the
Common Roads (which easement may include reasonable rights of access
for persons and equipment necessary to accomplish such purposes) for
utility services (installation, construction and maintenance) including,
without limitation, electric, telephone, cable television and any other
utility service for the benefit of the Owners.
c. An easement on, over and across those portions of the
Property designated as riding and recreation trails as depicted on the
Map. Specifically, without limitation, a thirty (30) foot wide easement
between Lots 5 and 10 for recreational access for the benefit of all Owners
to adjacent property owned by the Wyoming Game and Fish Department,
or its successors, and for canal maintenance for the benefit of Eastside
Canal Company, or its successors. The right and easement to use the trails
and easements shall be subject to rules prom~lgated by the Association
which may be changed from time to time.
d. An easement on, over and across those portions of the
Property for fence maintenance (which easement may include reasonable
rights of access for persons and equipment necessary to accomplish such
purposes). It is anticipated that the Association will be responsible for the
maintenance of the fence along the Common Roads within the Property.
Declaration of Covenants, Conditions and Restrictions for
Salt River Ranch
- 11 -
000;2:12
9. Enforcement. The Board (on behalf of the Association) or any
Owner individually shall have the right to enforce, by any proceeding in law or
in equity, all restrictions, conditions, covenants, easements and reservations now
or hereafter imposed or granted by the provisions of this Declaration. Failure by
the Board or any Owner to enforce any provision herein contained shall:in no
event be deemed a waiver of the right to do so thereafter. In the event that an
enforcement action is brought, the prevailing party shall be entitled to recover its
reasonable attorney's fees and costs incurred in connection with said enforcement
action. Notwithstanding any language to the contrary in Section 4, in the event
the Board brings an enforcement action against any Owner, the Board shall have
the right to include its attorneys fees as a special assessment to all Owners.
10. Duration of Restriction. All of the covenants, conditions and
restrictions set forth herein shall continue and remain in full force and effect at all
times against the Property and the Owners thereof, subject to the right of
amendment or modification provided for below, for a term of twenty (20) years
after which time they shall be automatically extended for successive periods of
twenty (20) years.
11. Amendment. This Declaration may be amended (i) by Declarant
until such time as two-thirds (2/3) of the Residential Parcels are sold by Declarant
and (ii) thereafter by an instrument signed by not less than two-thirds (2/3) of the
Residential Parcel Owners which amendment(s) shall be recorded in the office of
the County Clerk of Lincoln County, Wyoming.
12. Construction and Validity of Restriction. All the covenants,
conditions, restrictions and reservations contained in this Declaration shall be
construed together, but if it should at any time be held that anyone of the con-
ditions, covenants, restrictions or reservations, or any part thereof, is invalid, or
for any reason becomes unenforceable, no other condition, covenant, restriction
or reservation, or any part thereof, shall be thereby effected or impaired.
L1li
DATED this ì
day of fuJlISI , 2006.
THE NARROWS DEVELOPMENT CORP"
a Wyoming corporation,
Declaration of Covenants, Conditions and Restr
Salt River Ranch
-12 -
GmiiJ
:~'Jfilimir:~!
0002:13
STATE OF ^ )0. )o.d~ )
;
) ss
COUNTY OF~)
On this ~ day of fLj U S+ ,2006 Cro(9 -1-1. fdd,'n$ersonally
appeared before me and being personally known by me acknowledged that he
executed the foregoing instrument as President of The Narrows Development
Corp, a Wyoming corporation, pursuant to due authorization and that he
acknowledged the instrument as the free act and deed of the Declarant.
Witness my hand and official seal.
O/vM~/f-!ó:¡¡rnq{j
Notary Public
.My Commission Expires: [}-II-O~
"NOTARY PUBLIC
STATE OF NEVADA
, ' , ~ County of Clark
RHIANNA L. HOFFMAN
'. .' '. ' ' Appl. No. 05·99355·1
My Appt. Expires Feb, 11,2008
Declaration of Covenants, Conditions and Restrictions for
Salt River Ranch
-13 -
Professional Land Surveyors
Paul N, Scherbel
Wyo, Registralion No, 164
Utah Registralion No, 1670
Idaho Registration No, 3990
Nevada Registration No. 6805
Sco" A, Scherbel
Wyo, Registration No, 3889
Idaho Registration No, 8026
Utah Registration No, 372111
MARLOWE A, SCHER BEL
Wyo, Registration No, 5368
Surveyor Scherbel, LTD,
AUon, Wyoming
Big Piney, Wyoming
Jackson, Wyoming
Lava Hot Springs, Idaho
Montpelier, Idaho
EXHIBIT A000214
DESCRIPTION FOR
ELK MEADOWS, LLC
JOHNSON RANCH TRACT
To-wit: - -
That part of Section 35, T34N R119W, Lincoln County, Wyoming, it being the intent to
more correctly described that tract of record in the Office of the Clerk of Lincoln County in
Book 597 of Photostatic Records on page 213, as follows:
BEGINNING at a point on the east line of Section 35, NOoo-15'-20"W, 743.00 feet from
the southeast comer of said Section 35;
thence NOoo-15'-20"W, 73.30 feet, along said east line, to a point on the westerly right-of-
way line of U.S. Highway 89;
thence coursing said westerly right-of-way line as follows:
NI5°-37'-4l "W, 76.92 feet, to ST. 1288+68.8 100' LT;
NI5°-16'-42"W, 1833.40 feet, to Sta. 1306 + 73.3 100' LT;
N88°-24'-28"W, 26.07 feet, to Sta. 1306+73.3 125' LT;
N15°-16'-19"W, 1698.22 feet, to Sta. P.e. 1324+09.4 125' LT, at the beginning
of a circular curve to the right;
northwesterly, 1018.77 feet, along the arc of said curve, through a central angle of
09°-58'-13", having a radius of 5854.58 and chord bearing, NI00-17'-13"W, 1017.49
feet, to an intersection with the north line of said Section 35, and leave said right-of-
way line;
thence S89°-54'-45"W, 165.90 feet, along said north line, to the northwest comer of the
NE1I4NE1I4 of said Section 35;
thence SOoo-04'-24"W, 1321.98 feet, along the west line of said NE1I4NEl/4, to the
northeast comer of the SW1I4NE1/4 of said Section 35;
thence S89°-56'-03"W, 1319.90 feet, along the north line of said SW1I4NE1I4, to the
northeast comer of the SE1I4NW1I4 of said Section 35;
thence S89°- 5l'-02"W, 971.96 feet, along the north line of said SEl/4NW1I4, to the
northeast comer of that "Tract B" of record in said Office in Book 337 of Photostatic
Records on page 614;
thence coursing the easterly line of said "Tract B", as follows:
SI6°-25'-00"E, 927.78 feet, to a brass cap;
S63°-10'-12"E, 313.32 feet, to a brass cap;
S33°-04'-42"E, 343.43 feet, to a brass cap on the south line of said SEl/4NW1/4;
N89°-57'-20"E, 240.94 feet, along said south line, to the southeast comer of said
SEl/4NW1I4, identical with the north em most brass cap of that "Tract A" of record
in said Office in Book 337 of Photostatic Records on page 614, and leave said south
line;
f' ·.·.·.'.·II~.;r:~~
"Modification in any way of the îj¡i~j¡:~J!ilit:¡¡;;:~g description terminates liability of
Professional Land Surveyors
Paul N, Scherbal
Wyo, Registration No, 164
Utah Ragistration No, 1670
Idaho Registration No, 3990
Nevada Registration No, 6805
scon A, Scherbel
Wyo, Registration No, 3889
Idaho Registration No, 8026
Utah Registration No, 37211.1
MARLOWE A, SCHERBEL i ,
Wyo, Registration No, 5368 '
i
Survayor Scherbal, LTD, i
Afton, Wyoming
Big Pinay, Wyoming
Jackson, Wyoming
Lava Hot Springs, Idaho
Montpelier, Idaho
:::;,,:!:,; ,,¡
,','.'
[·::;~¡~~~m~mm~~~
OOOI;';.J!"'~ r::
t<... .1.. ...)
DESCRIPTION FOR
ELK MEADOWS, LLC
JOHNSON RANCH TRACT
PAGE TWO
thence coursing the easterly line of said "Tract A" as follows:
S33°-17'-50"E, 142.17 feet, to a brass cap;
S06°-49'-16"W, 184.17 feet, to a brass cap;
SI9°-03'-44"E, 165.12 feet, to a brass cap;
S07°-18'-38"E, 227.47 feet, to a brass cap;
S09°-44'-40"W, 183.29 feet, to a brass cap;
S03°-28'-52"W, 148.67 feet, to a brass cap;
S21°-20'-50"E, 337.60 feet, to a brass cap;
S07°-21'-32"E, 418.05 feet, to a brass cap;
S43°-08'-38"E, 167.89 feet, to a brass cap;
S700-47'-25"E, 294.21 feet, to a brass cap;
S48°-23'-13"E, 265.15 feet, to a brass cap;
S35°-09'-56"E, 71.92 feet, to a brass cap;
S77°-00'-41"E, 356.29 feet, to a brass cap at the eastem most northeast comer of said
"Tract A", and leave said east line;
thence coursing the north line of that "Access to Tract A" ofrecord in said Office in Book
337 of Photostatic Records on page 614, as follows:
N89°-05'-54"E, 25.72 feet, to a point;
S79°-01'-54"E, 203.74 feet, to a point;
N700-36'-36"E, 569.71 feet, to a point;
N67°-39'-48"E, 145.82 feet, to a point;
N84 ° -Il'-18"E, 291. 79 feet, to a point;
N57°-49'-42"E, 242.55 feet, to the POINT OF BEGINNING;
ENCOMPASSING an area of 198.15 acres, more or less, AND;
BEGINNING at the northeast point of that tract of record in said Office in Book 600 of
Photostatic Records on page 356, NOoo-15'-20"W, 567.00 feet from the southeast comer
of said Section 35;
thence NOoo-15'-20"W, 137.12 feet, along the east line of said Section 35, to a point;
thence S57°-49'-42"W, 229.72 feet, to a point;
thence S84°-11'-18"W, 148.12 feet, to a point on the n011h line of said tract;
"Modification in any way of the foregoing description terminates liability of the surveyor"
Professional Land Surveyors
Paul N, Scherbel
Wyo, Registration No, 164
Utah Registration No, 1670
Idaho Registration No, 3990
Nevada Regislration No, 6805
Scott A, Scherbel
Wyo, Registration No, 3889
Idaho Registration No, 8026
Utah Registration No, 372111
MARLOWE A, SCHERBEL
Wyo, Registration No, 5368
Surveyor Scherbel, LTD,
Atton, Wyoming
Big Piney, Wyoming
Jackson, Wyoming
Lava Hot Springs, Idaho
Montpelier, Idaho
ú002~16
DESCRIPTION FOR
ELK MEADOWS, LLC
JOHNSON RANCH TRACT
PAGE THREE
thence N89°-58'-00"E, 342.42 feet, along said n011h line, to the POINT OF
BEGINNING;
ENCOMPASSING an area of 0.37 acre, more or less;
ENCOMPASSING a total area of 198.52 acres, more or less;
the BASE BEARING for this survey is the south line of the SE~ of Section 35, T34N
R119W, being N89°-58' -OO"E;
each "comer" found as described in the Comer Record filed or to be filed in the Office of
the Clerk of Lincoln County;
each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" alluninum cap
inscribed, "SURVEYOR SCHERBEL LTD AFT ON WY PLS 5368", with appropriate
details;
each "brass cap" marked by a 2" galvanized steel pipe with brass cap inscribed,
"MARLOWE A. SCHERBEL AFT ON WYOMING PLS 5368", with appropriate details
found;
each "Station" marked by a 6" x 6" concrete post with brass cap inscribed, "STATE
HIGHWAY DEPT. R.O.W. MARKER", with appropriate details;
all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln
County titled, "STERLING R. JOHNSON LIVING TRUST DATED 28 AUGUST 1965
AND ELK MEADOWS, LLC PLAT OF TRACT WITHIN THE EY2 SE~NW~
SECTION 35 T34N R119W L L COUNTY, WYOMING", dated 15 August 2005,
~d
eptember 2006 -
4 August 2006
"Modification in any way of the j!}¡!m¡j~im:¡¡J1g description terminates liability of