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HomeMy WebLinkAbout941332 REC,ËIVj,.G1t' 941SS2. KeLeIV~a '6t'SI03 tt.r ¿'¿VPtrl BOOK: 702 PAGE: 437 JEANNE WAGNER (; 0 ."' 4 ,.., LINCOLN COUNTY CLERK, KEMMERER, WY .. V 3. DECLARATION OFCOVENANTS, CONDITIONS AND RESTRICTIONS FOR TOM'S CREEK This is a Declaration of Covenants, Conditions and Restrictions regulating and controlling the use and development of real property, made effective this 12th day of August, 2008, by TOMS CREEK, LLC, a Wyoming limited liability company, Declarant. 1. PURPOSE. Declarant is the owner of certain real property located in Lincoln County, Wyoming, which property is more particularly described in Exhibit "A" attached hereto and made a part hereof, and which is hereinafter referred to as the "Property". Declarant is developing the Property as a large tract development with structures permitted only within building envelopes and most of the property preserved as open space. The property contains significant wildlife habitat and is of high scenic and natural value, which will be preserved through the following Covenants, Conditions and Restrictions. These Covenants, Conditions and Restrictions are adopted to preserve and maintain the natural character and value of the property for the benefit of all owners of the Property or any part thereof. 2. DECLARATION. Declarant hereby declares that the Property, and any part thereof, shall be owned, sold, conveyed, encumbered, leased, used, occupied and developed subject to the following Covenants, Conditions, and Restrictions, which are sometimes referred to hereafter as the "Covenants". The Covenants shall run with the property and any Parcel thereof, and shall be binding upon all parties having or acquiring any legal or equitable interest in or title to the property or any part thereof, and shall inure to the benefit of every owner of any part of the property. 3. DEFINITIONS. The following terms and phrases used in these Covenants shall be defined as follows: A. "Board" shall mean the board of directors of Tom's Creek Homeowners Association, Inc., the nonprofit corporation established to administer and enforce the terms and conditions of this declaration" B. "Common roads" shall mean the private roadways within the property which provide access to individual Parcel lines. Declaration of Covenants, Conditions and Restrictions For Tom's Creek Page 1 of 13 (;OG43B C. "Common services" shall mean the roadway maintenance and snow removal services for the common roads and utility line maintenance and repair services for utility lines located in the rights-of-way of such roads. D. "Development" shall mean any alteration of the natural land surface, and all buildings, structures or other site improvements placed on the land -to accommodate the use of a Parcel. E. "Parcel" shall mean a portion of the Property, as depicted on an exhibit attached hereto, or on a Boundary Adjustment and Chapter 208 Exempt Division map of the Property filed in the Lincoln County Clerk's Office. F. "Owner" shall mean the record owner of a Parcel, including a contract purchaser, but excluding anyone having an interest in a Parcel as security for the performance of an obligation. G. "Principal residence" shall mean the single family residential structure, constructed on any Parcel of the property, which is the principal use of such Parcel, and to which other authorized structures on such Parcel are accessory. H. "Property" shall mean the real property described in Exhibit "A" attached hereto and made a part hereof. I. "Structure" shall mean anything built or placed on the ground. J. "Building envelope" shall mean the portion of a Parcel, which is a contiguous area as identified on an exhibit attached to the Covenants, within which all buildings, and other authorized structures shall be constructed and located. 4. THE ASSOCIATION. The Association is the Wyoming nonprofit corporation established for the purpose of administering and enforcing the Covenants, A. Membership. Every owner shall be a member of the Association. Membership in the Declaration of Covenants, Conditions and Restrictions For Tom's Creek Page 2 of 13 (:-Oô439 Association shall be appurtenant to each Parcel, and shall not be subject to severance from the ownership of such Parcel. Each Parcel ownership shall constitute one member. B. Votina. Each member shall have one vote to cast upon any matter to be decided by a vote of the members. If there is more than one person or entity owning a Parcel, the vote of such member shall be cast as determined by the owners of such Parcel. In the event of any dispute among joint owners of a Parcel, the board shall have the right to disqualify such member from voting on an issue unless or until the joint owners of such Parcel have reached agreement as to such member's vote. C. Authoritv of Board. The Board shall have full power and authority to manage the business and affairs of the Association, as more fully set forth in the articles of incorporation and bylaws of the Association, and to enforce the provisions of this declaration, and the covenants of any other subdivisions which become members of the Association. D. Meetinas. The members of the Association and the board of directors of the Association shall hold annual meetings as set forth in the bylaws of the Association. Additional regular or special meetings of the members and/or the board may be held in accordance with the provisions of the bylaws of the Association. All matters pertaining to all such meetings, including notices thereof, quorums, and provisions for voting in person or by proxy shall be set forth in the Bylaws of the Association. 5. BUILDING PERMIT REQUIRED. No building, structure, road, fence, or improvement of any kind shall be erected, place, altered, added to, reconstructed or permitted to remain on any Parcel, and no construction activities or removal of trees or other vegetation shall be commenced until a building permit has been issued therefor by the board. A. Duplicate sets of plans and specifications for any Parcel improvement or alteration, including tree removal, shall be submitted to the Board. The plans shall include a Parcel plan indicating the location of the building envelope on the Parcel and the location of the proposed development or improvements within the building envelope. All plans for any building or structure must be signed by a licensed architect. Sufficient Declaration of Covenants. Conditions and Restrictions For Tom's Creek Page 3 of 13 OOô440 information shall be submitted to demonstrate compliance with all of the requirements of these Covenants. A fee of One Hundred Dollars ($100.00) shall be paid to the Board for the processing and review of all authorized structures within the building envelope. B. The Board shall review the plans and specifications within thirty (30) days from the submission thereof, and determine if the proposed use or development conforms to the requirements of these Covenants. The Board shall have the right to additional materials if required to make a submission complete in terms of the requirements hereof. If the Board fails to review the plans and specifications within thirty (30) days from the submission thereof, and/or fails to request additional materials from the applicant within thirty (30) days from the submission thereof, and fails to inform the owner of the committee's decision regarding approval or disapproval, or request for additional information, plans as submitted shall be deemed to have been automatically approved; provided, however, that any development proposed outside the boundaries of the building envelope for the Parcel as designated in an attachment to the Covenants shall be deemed automatically disapproved and denied. The Board shall retain one set of plans and specifications. 6. DEVELOPMENT AND USE RESTRICTIONS. All development and use shall conform to the following requirements: A. Provisions in Addition to County Land Use ReQulations. Conformity with any and all applicable land use regulations of Lincoln County shall be required, in addition to the requirements of these covenants. In case of any conflict, the more stringent requirements shall govern. B. Authorized Use. Only single-family residential use shall be permitted, together with the keeping of domestic pets and livestock as set forth hereafter. C. Prohibited Uses. No Parcel within the Property shall be divided or subdivided. No commercial, industrial or other non single-family residential use whatsoever shall be permitted on any Parcel, including, by way of example, but not limited to, the rental of a guest housé separate from a principal residence. Declaration of Covenants, Conditions and Restrictions For Tom's Creek Page 4 of 13 000441 D. Authorized Structures. No building or structure shall be constructed, placed or maintained on any Parcel, except one single family residence, one guest house, garage, barn and outbuildings, not to exceed a total of four (4) buildings or structures on anyone Parcel. E. BuildinQ Envelope. All buildings, outbuildings, and other authorized improvements shall be constructed within the building envelope, that contiguous portion of each Parcel identified on an exhibit attached to the Covenants. No improvement or development shall be permitted on any Parcel outside of the building envelope except for access driveways, utility installations and bridges, and permitted fences. F. Construction. No used materials except for architectural detailing, and no pre-cut, prefabricated or modular structures of any kind shall be permitted on the outside of the main residential building, guest house, or garage on any Parcel. Used materials may be permitted, in the discretion of the board, in the construction of any permitted building. All construction shall be completed within twenty four (42) months from the commencement date of construction, unless the Board approves an extension for good cause, not to exceed twelve (12) months in length. G. Heiç¡ht Limitations, Floor Area Limitations. No building or structure shall be greater than thirty-five feet (35') in height. Building height shall be measured from existing grade to the highest point of the roof antennas. The principal residential structure, exclusive of the garage, shall have a minimum floor area of one thousand seven hundred fifty (1,750) square feet. H. Authorized-Prohibited Fences, No boundary fences around the exterior Parcel lines of any Parcel, or around the perimeter of any building envelope shall be permitted, except for fences which fence out property not subject to the Covenants. Livestock fences may be permitted by the Board for keeping of permitted livestock on a Parcel. The i Board shall have the right to establish and approve the location, size and construction for each permitted livestock fence. i I. Utilities. Electrical utility lines have been installed underground in the common roads rights-of-way. Connections from Parcels within the property to the underground utility Declaration of Covenants, Conditions and Restrictions For Tom's Creek Page 5 of 13 (;00442 lines shall be completed at the Parcel owners' expense, and shall be underground. No underground telephone utility lines have been installed. Cellular phone service is available to the Parcels in the Property. Any owner desiring to install a telephone utility line shall do so at the Owner's sole expense, and such line shall be installed underground in the common road right-of-way. J. Temporary Structures Prohibited. No temporary structures, such as trailers, tents, shacks or other similar buildings shall be permitted on any Parcel, except during construction as authorized by the Board. K. Maintenance. Each Parcel and all improvements and structures thereon shall be maintained in a clean, safe and sightly condition. Boats, tractors, vehicles other than automobiles, campers whether or not on a truck, snow removal equipment, and garden or maintenance equipment shall be kept at all times, except when in actual use, within an enclosed structure. Refuse, garbage and trash shall be kept at all times in a covered container, and any such container shall be kept within an encíosed structure or appropriately screened from view. Service areas, storage piles, compost piles and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view. No lumber, grass, shrub or tree clippings or plant waste, metals, bulk materials, scraps, refuse or trash shall be kept, stored or allowed to accumulate on any Parcel. L. Livestock/Pets. No livestock or pets shall be kept or maintained on any Parcel except as provided herein. Any animals or livestock permitted to be kept on a Parcel shall be restrained and controlled at all times so that they do not cause a nuisance to neighboring Parcel owners, and so that the presence or activity of any such pets or livestock does not harass or endanger wildlife. A maximum of six horse, mules or llamas may be kept on a Parcel. Horses, mules or llamas shall be kept within fenced areas approved by the Board. Dogs and cats shall be permitted on any Parcel as long as they are restrained and controlled at all times so that they do not cause a nuisance to neighboring Parcel owners, and so that they do not harass or endanger wildlife. M. Noxious or Offensive Activities. No noxious or offensive activity shall be permitted on any Parcel. No light shall be emitted from any Parcel which is unreasonably bright or Declaration of Covenants, Conditions and Restrictions For Tom's Creek Page 6 of 13 (;00443 causes unreasonable glare for any adjacent Parcel owner. No unreasonably loud or annoying noises, or noxious or offensive odors shall be emitted beyond the Parcel lines of any Parcel. N. Sians. No signs or advertising devices shall be erected or maintained on any Parcel, except a sign, not greater than nine (9) square feet in area, which identifies the owner. O. Water Systems. Each residential building shall be connected to a private water supply system at the sole expense of the owner, and such system shall conform to all applicable standards of the State of Wyoming, Lincoln County or any other regulatory agency. P. Sewaae Disposal. Each residential building shall be connected to a private sewage disposal system at the owners' sole expense, and such sewage disposal system shall conform to all applicable standards of the State of Wyoming, Lincoln County or other regulatory agency. No outdoor toilets shall be permitted, except during construction. Q. Common Roads. The common roads on the property shall be private roads at all times, and each Parcel owner shall be responsible for an equal portion of cost of snow removal and maintenance. Driveways from the common roads into individual Parcels shall not be common roads and shall be constructed and maintained and plowed by the individual Parcel owner. R. Wildlife Protection. It is recognized by the Declarant and the purchasers or owners of any Parcel within the Property, that many wildlife species live on or migrate through the Property during various times of year. The following limitations on use and development are intended, in addition to all the other requirements of these covenants, to protect, preserve and maintain the existing wild life habitat on the property and to minimize the adverse effects of development on wildlife habitat: 1. No owner of any Parcel shall remove or alter or allow others to remove or alter any of the existing vegetation thereon, except as is absolutely necessary for the clearing and preparation of the building envelope for the purposes of constructing authorized structures or roads thereon, and as may be necessary Declaration of Covenants, Conditions and Restrictions For Tom's Creek Page 7 of 13 -- , to remove dead or diseased trees for fire protection; :.~ 00444 2. No artificial feeding of moose, elk, deer and/or waterfowl shall be allowed on any Parcel. ., !: 3. No non-native animal species shall be released to roam at large on any Parcel. 4. If any dog or dogs islare caught or identified chasing or otherwise harassing livestock, wildlife or people, the Board shall have the authority to have such animal or animals impounded at any available location, and shall have the right to assess a penalty against the owner of sue"," animal or animals of not more than Fifty Dollars ($50.00) plus all costs of impoundment. If any such animal or animals are caught or identified chasing or harassing wildlife, livestock or people on a second occasion, the Board shall have the authority to have such animal or animals impounded or destroyed, the determination of disposition being in the sole discretion of the Board. In the event that such animal or animals are not destroyed, the board shall assess a penalty of not more than One Hundred Dollars ($100.00) per animal, plus costs of impoundment. If any such animal or animals are caught or identified chasing or harassing wildlife, livestock or people on a third or subsequent occasion, such animal or animals shall be either destroyed or permanently removed from the property. No owner of any animal or animals impounded or destroyed for chasing or harassing livestock, wildlife or . people shall hax.e the right of action against the Board or any member thereof, for the impoundment or destruction of any such animal or animals. .. 5. Bear-proof containers, as approved by the Wyoming Game and Fish· Department, shall be used for the storage and disposal of refuse. 6. Every Parcel owner of the property by acceptance of a deed to his or her Parcel releases the Wyoming Game and Fish Department from any and all claims for wildlife damage. U. Mineral Activities Prohibited. No mining or other mineral extraction or development activities shall be permitted on any Parcel, including the removal of gravel; provided that Declaration of Covenants, Conditions and Restrictions For Tom's Creek Page 8 of 13 ., (:00445 excavation for landscape purposes may be permitted with the prior written approval of the design committee. V. Control of Noxious Weeds. Parcel owners shall take all actions necessary to control noxious weeds as defined by the Lincoln County Weed and Pest Control Board and/or the Board. Because the timing for effective control of noxious weeds is very critical, if a Parcel owner fails to respond immediately to a written request for weed control from the Board, the Board shall have the right to contract for such control services and the company so contracted shall have the right to enter upon any such Parcel to treat noxious weeds without any liability for trespass. In the event that the Board provides for noxious weed treatment as described herein, the owner of a Parcel treated for noxious weed control shall pay all costs incurred by the board. The Board shall have the right, '. upon not less than 24 hours notice to a Parcel owner, to have a Parcel inspected for noxious weeds. 1: W. Use of Common Trail Easements. Common trail easements as identified on the Chapter 208 Exempt Division Map recorded in the Lincoln County Court's Office, shall be available for use by Parcel owners and their guests when accompanied by the Parcel owner. The Board shall have the authority to suspend or terminate any Parcel owner's use of a recreational trail easement if the owner and/or the owner's guests fail to stay within the boundaries of the recreational trail easement and trespasses onto adjacent property, or if the recreational trail user damages adjacent property. --, 7 . ASSOCIATION-BOARD OF DIRECTORS. The Association is a Wyoming non-profit corporation, formed to administer and enforce the provisions of this declaration. The Board of Directors of the Association shall consist of three (3) members, or such additional number as may be approved by the members in accordance with the Articles and Bylaws. The term of a member· shall be three (3) years, except that the terms of the members of the initial board shall be one, two and three years. Thereafter all members shall serve for a term of three (3) years. The Board shall be elected by a majority vote of the members. Membership in the Association is not required for membership on the board. Board members are not required to be residents of Lincoln County, Wyoming. All Parcel owners, through the purchase of their Parcel, agree to serve on the Board. The initial Board members shall be ~harles Burnham, Aaron C. Adams IV, and Richard Lee Kunkel. Declaration of Covenants, Conditions and Restrictions For Tom's Creek Page 9 of 13 '" (;Oô446 A. Authoritv and Duties. Pursuant to the powers and authority vested in it by Wyoming statute and by the Articles of Incorporation and Bylaws of the Association, the Board shall be responsible for the enforcement and administration of the requirements of these Covenants and shall issue building permits, contract for and supervise common services, enforce the development and use regulations and take all other actions necessary to administer and enforce these Covenants. B. MeetinQs. The Board shall call and conduct the annual meeting of Parcel owners, at which time expiring or vacant directors' terms shall be filled, and such other business shall be conducted as brought before the meeting by the design committee or the Parcel owners, and shall meet from time to time as necessary to administer and enforce these Covenants, as provided in the Articles and Bylaws. C. Common Services. The Board shall contract for snow removal and periodic maintenance services on the common roads. The Board shall prepare an annual budget estimate, and submit annual statements to each Parcel owner based upon its estimate. Billings for common services shall be paid by Parcel owners within thirty (30) days of the billing date. Each Parcel owner will be responsible and billed for an equal portion of the cost of snow removal and road maintenance for the common road. In the event that the estimate of the Board exceeds the actual common services' costs, each Parcel owner shall be credited in the amount of excess against the following year's estimate. In the event that the estimate of the Board is less than the actual cost of common services, the Board shall send billings to each Parcel owner in accordance with the proportionate shares set forth in this paragraph after the Board's funds for common services have been expended, with an estimate for common services for the remainder of the year based upon the actual expenses incurred by the Board. Additional billings shall be paid by Parcel owners within thirty (30) days of the billing date. The initial assessment for common services will commence from and after _,200_. D. Special Assessments. On the approval of 2/3rds of the Parcel owners the Board shall have the authority to establish special assessments to meet unusual or emergency conditions that have arisen with regard to the access facilities or utilities which service the property. Special assessments shall be allocated in accordance with the formula Declaration of Covenants, Conditions and Restrictions For Tom's Creek Page 10 of 13 000447 set forth for common services, and shall be payable within thirty (30) days of the billing date. E. Limitation of Liabilitv. No member of the Board shall be liable to any party for any action inaction with respect to any provision of these Covenants, provided that such Board member has acted in good faith. No member of the Board shall have any personal liability in contract to a Parcel owner or any other person or entity under any I agreement or transaction entered into by a Board member on behalf ofthe Association. I I 8. VIOLA TIONS-E~FORCEMENT -LIENS-COSTS. The terms, conditions, limitations I and requirements set forth in¡these Covenants shall be enforceable by the Declarant, or by the Board, or by any owner of a P~rcel within the property. Every owner of a Parcel within the property hereby consents to the entry c;>f an injunction against him or her or his or her tenants or guests, to terminate and restrain any vioiation of these Covenants. Any Parcel owner who uses or allows his I or her Parcel to be used or de~eloped in violation of these Covenants further agrees to pay all costs incurred by the Board or th~ Declarant or other Parcel owner in enforcing these Covenants, including reasonable attorney's fees. The Board shall have a lien against each Parcel and the improvements thereon to secure the payment of any billing for common services, a special assessment,· or penalty due to the Board from the owner of such property which is not paid within the time provided by these Covenants, plus interest from the date of demand for payment at the rate of ten percent (10%). The Board is authorized to record a notice of lien in the office of the County Clerk of Lincoln County, Wyoming, which shall include a description of the property and the name of the owner thereof and the basis for the amount of the lien. A copy of the notice of lien as filed in the County Clerk's office shall be sent to the owner by certified or registered mail. Any lien may be foreclosed in the manner provided for foreclosures of mortgages by the statutes of the State of Wyoming. Alternatively, the Board shall have the right to initiate civil proceedings as allowed by Wyoming law to collect any delinquent assessement, billing for common services and/or penalty. In addition to the principal amount of any assessment, charge for common service and/or penalty, plus interest, the Board shall be entitled to the payment of all costs incurred in the establishment or enforcement of any lien, and/or the costs involved in any civil proceeding, including filing costs and attorney's fees. 9. AMENDMENT-VARIANCE. These Covenants may be amended with the written consent of 75% of the Parcel owners of the Property. .A variance shall be allowed from the Declaration of Covenants, Conditions and Restrictions For Tom's Creek Page 11 of 13 000448 requirements of these Covenants upon approval of 75% or more of the Parcel owners of the Property. 1 O. DURATION OF COVENANTS. 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 and purchasers of any portion thereof, subject to the right of amendment as set forth in paragraph 8 hereof. If required by law, these Covenants shall be deemed to remain in full force and effect for twenty (20) year periods, and shall be automatically renewed for additional consecutive twenty (20) year periods unless all of the Parcel owners of the property subject to these Covenants otherwise agree in writing. 11. SEVERABILITY. Any decision by a court of competent jurisdiction invalidating any part or paragraph of these Covenants shall be limited to the part or paragraph affected by the decision of the court, and the remaining paragraphs and the Covenants, Conditions and Restrictions therein shall remain in full force and effect. 12. ACCEPTANCE OF COVENANTS. Every owner or purchaser of a Parcel within the property shall be bound by and subject to all of the provisions of this Declaration, and every Parcel owner or purchaser through his or her purchase or ownership expressly accepts and consents to the operation and enforcement of all of the provisions of this Declaration. Declaration of Covenants, Conditions and Restrictions For Tom's Creek Page 12 of 13 00&449 DECLARANT: TOMS LLC, a Wyoming limited liability company, saz:o Charles C. Burnham STATE OF WYOMING ) ) ss. COUNTY OF TETON ) On this 12th day of August, 2008, before me personally appeared Charles C. Burnham, to me personally known, who, being by me duly sworn, did say that he is the manager of TOMS LLC, a Wyoming limited liability company, and that the foregoing instrument was signed on behalf of said limited liability company by authority of its operating agreement. Witness my hand and official seal. ~ My Commission expires: HENRY C. PHIBBS 11- NOTARY PUBLIC COUNTY OF 1&\ STATE OF TETON ~ WYOMING My Commission Ex ires Februar 26, 2011 Declaration of Covenants, Conditions and Restrictions For Tom's Creek Page 13 of 13 EXHIBIT A Legal Description for Tom's Creek 00645.0 A portion of the former Trout Unlimited Property Management LLC properties as referred to in the Deeds recorded in Book 635PR, on Page 551, and Book 634PR, on Page 382 with the office of the clerk of Lincoln County Wyoming, within Sections 21 and 22, T33N, R119W, of the 6th P.M., Lincoln County, Wyoming, the metes and bounds being more particularly described as follows. Beginning at a point on the State Line between Idaho and Wyoming in Section 21 of T33N R 119W, said Point of Beginning, being a monument by Lloyd B Baker & Assoc. PE/LS 698, 2007 location for the Section Corner of Sections 16 and 21; Thence, S88°49'50"E, along the South line of Section 16, 423.44 Feet to the U.S. Dept. of the Interior, Bur. of Land Management, 1971 location for the 1/4 Corner between Said Sections 16 and 21; Thence, S88°49'50"E, along the. South line said Section 16, 1317.15 Feet, to the Lloyd B Baker & Assoc. PE/LS 698, 2007 location for the E1/16 Corner between said Sections 16 and 21; Thence, SOoo45'40"W, along the West line of the E1/2 of the E1/2 of said Section 21, 1316.52 Feet to the Lloyd B Baker & Assoc. PE/LS 698, 2007 location for the NE 1/16 Corner of said Section 21; Thence, SOoo45'40"W, along the West line of the E1/2 of the E1/2 of said Section 21,658.26 Feet to the Lloyd B Baker & Assoc. PE/LS 698, 2007 location for the C-S-NE 1/64 Corner of said Section 21; Thence, S89°00'13"E, along the South line of the N1/2 of the s1/2 of the N1/2 of said Section 21, 1321.18 Feet to the Lloyd B Baker & Assoc. PE/LS 698, 2007 location for the S-N 1/64 Corner of said Section 21; Thence, SOoo38'36"W, along the West line of Section 22, 656.94 Feet to the Marlowe A Scherbel PLS 5368, 2003 location for the W 1/4 Corner of said Section 22; Thence, S89°38'57"E, along the South line of the N1/2 of said Section 22, 2533.08 Feet to the Marlowe A Scherbel PLS 5368, 2003 location for the C1/4 Corner of said Section 22; Thence, SOoo25'02'W, along the West line of the E1/2 of said Section 22, 2676.65 Feet to the Paul N Scherbel RLS 164, 1986 location for the 1/4 Corner between Sections 22 and 27; Thence, N89°32'57"W, along the North line of said Section 27, 2643.62 Feet to the Paul N Scherbel RLS 164, 1986 location .for the Section Corner of Sections 21, 22, 27 & 28. Thence, NOoo38'36"E, along the East line of said Section 21, 1313.88 Feet to the Lloyd B Baker & Assoc. PE/LS 698, 2007 location for the S 1/16 of said Section 21; Thence, N89° 1 O'38'W, along the North line of the S 1/2 of the S 1/2 of said Section 21, 1325.22 Feet to the Lloyd B Baker & Assoc. PE/LS 698, 2007 location for the SE 1/16 Corner of said Section 21; Thence, NOoo45'40"E, along the East fine of the W1/2 of the E1/2 of said Section 21,468.41 Feet to the PE/LS 698, 2007 location of a property corner cap for Parcel 2; Thence, S90000'OO''W, along the North line of said Parcel 2, 1724.84 Feet to a point on the State Line between Wyoming and Idaho, also being the PE/LS 698, 2007 location of a property corner cap for said Parcel 2; Thence, NOoo30'11"E, along said Wyoming/Idaho State Line, 876.42 Feet to the Lloyd B Baker & Assoc. 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