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HomeMy WebLinkAbout951111VACATION OF LOTS 29, 30, 31, 32 AND 33 AMENDED ALPINE RETREAT SUBDIVISION NO. 2 AND E;'Oi)37O DECLARATION OF COMBINATION Comes now Alan W. Maki and Ann W. Maki, Trustees of the Maki Trust, dated 8 November 2007, of P.O. Box 3888, Alpine, Wyoming 83110, who do hereby Make the following statement of facts: 1. That they are the sole owners of Lots 29, 30, 31, 32 and 33 of the Amended Alpine Retreat Subdivision No. 2 of record in the Office of the Clerk of Lincoln County with Accession No. 439320; 2. That said lots are hereby vacated in accordance with Section 34 -12 -108 Wyoming Statutes, 2009, as amended; 3. That said vacation does not abridge or destroy any of the rights and privileges of other owners or proprietors of said subdivision; 4. That the rights -of -way for utilities such as water, sewer, electrical power lines, gas lines, telephone line, etc. presently installed and operating are hereby affirmed; 5. That the County Clerk is hereby respectfully requested to write the word "vacated" across the face of said lots on said plat and make reference to the same in the Book and page where it is recorded in accordance with Section 34 -12 -110, 2009, as amended; 6. That the reason for the plat vacation is that the owners are combining said lots with their adjoining unplatted parcel of record in said Office in Book of 678 Photostatic Records on page 413 to be one unique parcel of land; 7. That said combined parcel will hereafter be known by the attached Exhibit titled, "DESCRIPTION FOR MAKI TRUST, DATED 8 NOVEMBER 2007 A. MAKI TRACT ADJUSTED", dated 25 November 2009; 8. That they hereby declare said vacated lots and said parcel to be combined and totally merged into one (1) parcel such that they shall be a single parcel. None of said properties shall, alone, constitute a separate or distinct lot, parcel or site and none may be sold, transferred, conveyed or developed separately except as allowed by the Land Use Regulations existing in Lincoln County at the time of such desire to separate; 9. That the Board of Lincoln County Commissioners approved said vacation at its regular meeting on, December 2009 in accordance with Resolution No a 1 dated la -1 oq M Alan W. aki, Trustee Ann W. Maki, Trustee z.t) mom. 74 RECEIVED 12/16/2009 at 12:01 PM RECEIVING 951111 BOOK: 738 PAGE: 370 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY State of Wyoming County of Lincoln fo, thi Witness my hand and official seal. My commission expires: e Notary Public DORETIA WEBB.,.. NOTARY PUBLIC STATE OF COUNTY OF WYOMING 201t0 M ommission Ex nt was •wledged before me by Alan W. Maki and Ann W. Maki x371 Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Idaho Registration No. 3990 Utah Registration No. 1670 Nevada Registration 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. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR MAKI TRUST, DATED 8 NOVEMBER 2007 A. MAKI TRACT ADJUSTED To -wit: That part of the S1 /2NE1 /4 and that part of the N1 /2SE1 /4 of Section 9, T36N R119W, Lincoln County, Wyoming, it being the intent to more correctly describe that tract of record in the Office of the Clerk of Lincoln County in Book 678 of Photostatic Records on page 413 and all of Lots 29, 30, 31, 32 and 33 of Amended Alpine Retreat Subdivision No. 2 of record in said Office with Accession No. 439320, described as follows: BEGINNING at a point on the north line of said S1 /2NE1 /4, N89 59' -18 "E, 1383.92 feet, from the northwest corner thereof; thence N89 59' -18 "E, 1075.54 feet, along said north line, to a point on the approximate west bank of Salt River; thence coursing said approximate west bank as follows: S49 30' -00 "W, 215.00 feet, to a position; S63 30' -00 "W, 150.00 feet, to a position; S46 00' -00 "W, 280.00 feet, to a position; S13 30' -00 "W, 430.00 feet, to a position; S20 11' -50 "W, 268.14 feet, to a position; S06 30' -00 "W, 210.00 feet, to a position; S07 01' -40 "E, 246.52 feet, to a position at the northeast angle point of Lot 4 of Forest River Reserve 2°' Filing, a subdivision of record in said Office with Accession No. 950693; thence N52 37' -22 "W, 195.00 feet, along the northeasterly line of said Lot 4 to the northernmost point thereof; thence S37 22' -38 "W, 185.79 feet, along the northwest line of said Lot 4 to the westernmost point thereof; thence S54 50' -38 "E, 210.04 feet, along the southwesterly line of said Lot 4, to a point on the westerly right -of -way line of Kibbie Parkway, of record on said Forest River Reserve 2° Filing, beginning of a non tangent circular curve to the left, whose radius bears 554 48' -31 "E; thence southerly, 98.28 feet, along the are of said curve, through a central angle of 26 -48'- 51", having a radius of 210.00 feet, and a chord bearing S21 47' -04 "W, 97.39 feet, to the northeast point of that tract of record in said Office in Book 437 of Photostatic Records on page 847; thence S87 26' -02 "W, 202.90 feet, along the north line of said tract in Book 437, and along the north line of that tract of record in said Office in Book 633 of Photostatic Records on page 637, to the northwest point of said tract in Book 633; thence N23 29' -19 "W, 249.70 feet, along an easterly line of that tract of record in said Office in Book 646 of Photostatic Records on page 807, to a point; thence N13 04' -31 "W, 80.34 feet, along an easterly line of said tract in Book 646, to a point at the southeast point of said Lot 29; thence S77 58' -29 "W, 241.19 feet, along the south line of said Lot 29, to a point at the southwest point thereof; \T- R \36- 119- 9\A1Maki "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Idaho Registration No. 3990 Utah Registration No. 1670 Nevada Registration 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. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR MAKI TRUST, DATED 8 NOVEMBER 2007 A. MAKI TRACT ADJUSTED PAGE TWO 00373 thence coursing the westerly lines of said Lots 29, 30, 31, 32 and 33 as follows: N11 42 -20 "W, 160.21 feet, to a point at the beginning of a non tangent circular curve to the left, whose radius bears S78 18' -57 "W; northwesterly, 357.09 feet, along the are of said curve, through a central angle of 31 43' -15 having a radius of 645.00 feet, with a chord bearing N27 32' -40 "W, 352.55 feet, to a pipe at the northwest corner of said Lot 33; thence coursing the northwesterly line of said Lot 33 as follows: N45 34' -40 "E, 134.19 feet, to a pipe at the corner of Lots 34 and 35 of said Amended Alpine Retreat Subdivision No. 2; N45 34' -40 "E, 86.03 feet, to a pipe at the corner common to Lots 35 and 36 of said subdivision; N41 05' -25 "E, 16.75 feet, along the southeasterly line of said Lot 36, to a point; thence N46 14' -33 "E, 24.01 feet, along the southeasterly line of said Lot 36, to a point; thence N42 22' -23 "E, 112.80 feet, along the southeasterly line of said Lot 36 and Lot 37 of said subdivision to a point at the beginning of a non tangent circular curve to the left; thence northeasterly, along the easterly line of Lots 37, 38 and 39 of said Amended Alpine Retreat Subdivision No. 2, 403..87 feet, along the are of said curve, through a central angle of 43 24' -52 having a radius of 533.00 feet, with a chord bearing N20 44' -03 "E, 394.27 feet, to a rebar at the corner common to Lots 39 and 41 of said subdivision, the beginning of a non tangent curve to the left whose radius point bears N32 34' -40 "W; thence northerly, along the easterly line of Lots 41, 42, 43 and 44 of said Amended Alpine Retreat Subdivision No. 2 468.16 feet, along the arc of said curve through a central angle of 89 24' -40 having a radius of 300.00 feet, with a chord bearing N12 43' -00 "E, 422.08 feet, to the POINT OF BEGINNING; ENCOMPASSING an area of 26.89 acres, more or less; the BASE BEARING for this survey is the north line of the S1 /2NE1 /4 of Section 9, T36N R119W, being N89 59' -18 "E; SUBJECT to that five (5) foot right -of -way easement along the westerly line of Lots 29, 30, 31, 32 and 33 for snow removal and additional road width, as granted on Amended Alpine Retreat Subdivision No. 2 of record in said Office with Accession No. 439320; it is intended that the actual west bank of the Salt River, as it moves with changes caused by accretion and erosion of the river, be the actual boundary of the tract for that part of the above described tract referenced as coursing the bank of the river; the above calls along the bank of the Salt River are an approximation of the bank for the purposes of determining the approximate acreage of the above described tract; each "corner" found as described in the Corner 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" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 or "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810" with appropriate details; each "pipe" marked by a 1" steel pipe with a 2" aluminum cap inscribed "LLOYD B. BAKER ASSOCIATES PE /LS 698 THAYNE WY"; each "rebar" marked by a 5/8" steel reinforcing rod sans cap; \T- R\36- 119- 9\A1Maki "Modification in any way of the lg description terminates liability of tl yor" Prolessional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Idaho Registration No. 3990 Utah Registration No. 1670 Nevada Registration 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. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR MAKI TRUST, DATED 8 NOVEMBER 2007 A. MAKI TRACT ADJUSTED PAGE THREE Oi.a374 each "position" is a calculated position with no monument found or set; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF ADJUSTED TRACT FOR MAKI TRUST, DATED 8 NOVEMBER 2007 WITHIN S1 /2NE1 /4 N1 /2SE1 /4 SECTION 9 T36N R119W LINCOLN CO I s WYOMING", dated 5 November 2009, as revised. yr r C1 1 ,,k.• 1 31 25 November 20rYOMI \T- R \36- 119- 9\AlMaki "Modification in any way of the foregoing description terminates liability of the surveyor"