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HomeMy WebLinkAbout927372 'u ...¡ ...J £~ "0.5 <u S ~o u~ ~ > .,i\ b¡¡ ""' I: I:: 0 0 .- ~ ;.., .ßerJ '" u 1:: '': ~ 5 ~ "0 \,I ¡:: c:: <'J ::; <'J <'2 g~ "II) -0 .... ",E--i .- Q) E5~ ~ Pt::f""t:I\/r::I') 'J./P./':'.OQ7 at ')'[H~ OM RECEIVING # 927372 BOOK: 650 j- M jE: 313 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY II 00034ot) CERTIFICATION The undersigned LaVor R. Jenkins and Barbara Jenkins, husband and wife, being duly sworn, hereby certify to and for the benefit of Jack & Dolores, LLC, a Delaware limited liability company ("Purchaser"), as follows: 1. We own approximately 121 acres of unimproved land (the "Property") in Lincoln County, Wyoming that is shown as Jenkins Adjusted Property 188/663 on that certain Boundary Adjustment Survey prepared by Lloyd B. Baker and Associates recorded as Instrument No. 926489 , Map No. ~, records of Lincoln County, Wyoming The Property consists of: SW/4SW/4 of Section 34, T35N, R119W NW/4NW/4 of Section 3, T34N, Rl19W Portion ofN/2NE/4 of Section 4, T34N, Rl19W Portion of Lot 3 in NE/4NW/4 of Section 4, T34N, Rl19W The Property, exclusive of the foregoing portion of Lot 3, was patented to John Jenkins on July 3, 1902 with no mineral reservations by the United States of America, and is hereinafter referred to as the "Jenkins Homestead Lands." 2. We have made no transfer of all or any part of the mineral estate of the Jenkins Homestead Lands, and to the best of our knowledge, no predecessor owner of the Jenkins Homestead Lands ever made any transfer of all or any part of such mineral estate. We believe that we own the entire mineral estate of the Jenkins Homestead Lands, and it is our intent to transfer that mineral estate to Purchaser as part of the sale of the Property to Purchaser. 3. We have been advised that a portion of Permit No. 1680 En!. issued by the Wyoming State Boar,d of Control for the appropriation of water from the West Fork of the Salt River through the Freedom Canal is un-adjudicated by reason of no notice of completion of beneficial use or proof of appropriation having been filed, and that the part of the Property affected by the un-adjudicated status is the land in the NW/4NW/4 of Section 3 lying westerly of the West Fork of the Salt River, the N2NE/4NE/4 of Section 4, and approximately 5 acres in the N2NW/4NE/4 of Section 4, all of which is shaded in orange on Exhibit A attached to this Certification and is hereinafter referred to as the "Un-Adjudicated Land." We and, to the best of our knowledge, all of our predecessor owners of the Property, have historically farmed the Un-Adjudicated Land and in connection with such farming have regularly irrigated the Un-Adjudicated Land with water diverted from the West Fork of the - U~~73'í,J~ 0003:14 Salt River through the Freedom Canal. At the request of Purchaser, at no cost to Purchaser we will cooperate with Purchaser to establish the requisite beneficial use and perfect the water appropriation under Permit No. 1680 Enl. 4. There are no roads or paths on the Property except for a tractor road along the northerly boundary of Section 4 that is used by us for farming purposes and provides no access to any other property. To the best of our knowledge, the only persons who have crossed the Property for access to the Salt River or otherwise have been persons who have had our permission or the permission of our predecessor owners to do so. No right of access has been granted that is not revocable by the owner of the Property. The foregoing Certification is executed under penalty of perjury on£elJ, /;L , 2007. County of Lincoln) ) ss. State of Wyoming) Sworn to and subscribed before me, the undersigned notary public, by La V or R. Jenkins and Barbara Jenkins on /~¿'JJY't-t~Y'J /:;1... ,2007. , ê:·I;;~.~.I~.~.~~~b~~~~;lìé1 , ,'; ,lJr,(y of . Sla!!'. of l' I tncoln .} Wyorll'''!'; , "' rt\rl'llnIQn Expires~.E'~~~~~~':~, \..,:;:....,.;í~~-.......... . ~<T' ~.<.(--'~ otary Public My commission expires: 3/d.5 ,206) / 2 O~Z737Z EXHIBIT A 00031.5 ~ ~ ~ () () ~·t R.119 W, Q¿ ~ ~ __.. .... .ø _. ._., __.____ 3 --.---- L.t 5 c.-... .... , , -- . -. i ' -,. ..- .-.- '-.--. ----.- . L...¡.... LEGEND IXf~~'1;!'{;~ L (;/,? ä;' ,P?da rr~t'dørn C onG'/ - P~r /1/:' I tÍðO £ . :. ~¡._. 4...... _~,.J :"_' I~~~"~ ':"c,',':OJ :./'?otr ,ll!l?ifl'7,j f.),-,,?-.,r..'I!.~ 1\ ~ ¿o~>;f-7ó be' fr;.u7",f~rrt,;/ ,..", f"rt'l!dorn Con,;;¡/.,t. ;... ,. ~.:, r.··":~'/-I··'I !.or;¡::,) vndN" E"i. ../I!..,.'f'..n~ ,:J"i-;;-, ','':;)el".'''7i'''' ..-v £ I.i&:-'::£ni. 10> be h d f - .. ".. . C.l) '~" (, an'je "J-rt:ec-iom i..OOQ/. '. J_. .... _"-... ..and" vncll!r En! Jenlrtr;" /Jo·ch. Ii : I 1. onoS i./ ruÙ r ,i:"rl!dÍ!nc/( ¡J¡f(j'}.. GLf I :l .:. Qr.d',:; ,,'.'?d~r Fr~d~rlc)r Ddc;' -Pl!r N'~ .5/2Z ..;", bi! CÌJan.:l.¡f~_ '.___ to th~ rru&tøm Canø/ ~)I/c?/7 Grd/lfecl: A¡er)/ ¿6J /9..: . X~~ ¿x.0/h,:lo Secre..I¡y~..? S/ale 8ax.rd ot Con/¡