HomeMy WebLinkAbout952017WHEN RECORDED MAIL TO:
Mr. Thomas E.Ellison
ID/Wy Zone team Leader
USDA Forest Service
1918 Commerce Avenue
Boise, Idaho 83705
208 384 -3239
DECLARATION
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Suter Canyon Road
Bridger Teton National Forest
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WHEREAS, Aspen Hills Development, a Wyoming Corporation, hereinafter called the
"Declarant," by virtue of a Quit Claim Deed dated May 12, 2008, recorded May 13, 2008, as
Document No. 938977, in the records of Lincoln County, Wyoming, is owner or beneficial
owner of real property known as Suter's Canyon Subdivision Phase Two; and
WHEREAS, the Plat of Suter's Canyon Subdivision Phase Two Second Filing, Document No.
944254, recorded December 222, 2008, Lincoln County, Wyoming Records, was filed to amend
portions of Suter's Canyon Subdivision, Document No. 933480, recorded September 27, 2007,
and Suter's Canyon Subdivision Phase Two, Document No. 938819, recorded May 7, 2008,
both in Lincoln County, Wyoming Records; and
WHEREAS, said subdivision owner granted certain rights of access and use to future lot
owners, utility companies, and other third parties along and across certain private roads and lot
lines in said subdivision; and
WHEREAS, said subdivision is subject to covenants, conditions, and restrictions stated in the
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
SUTER'S CANYON SUBDIVISION, Document No. 934194, recorded October 19, 2007,
Lincoln County, Wyoming Records; and
WHEREAS, Declarant, by virtue of Article III, Section 1, of said DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS OF SUTER'S CANYON
SUBDIVISION, holds all rights, powers and authority of the Suter's Canyon Property Owners
Association; and
RECEIVED 2/5/2010 at 4:06 PM
RECEIVING 952017
BOOK: 742 PAGE: 9
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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WHEREAS, Declarant intends to grant to the United States of America a perpetual right
of -way easement, over and across a portion of Suter's Canyon Subdivision Phase Two, and
Suter's Canyon Subdivision Phase Two Second Filing more particularly described as
follows, to -wit:
A strip of land twenty (20) feet wide located in:
Sixth Principal Meridian
T. 33 N., R.118 W.,
Section 3, W SW /4NEI /a, GLO Lot 2,
beginning at a Point on the east west centerline of section 3, T. 33 N., R. 118
W., which bears N. 89° 50'40" E., 133.21 feet from the center quarter corner of
said section; thence N. 00 °21'31" W., 327.68 feet; thence S. 89 °26'20" W.,
133.06 feet to the north south centerline of said section; thence N. 00 °22'01"
W., 2740.39 feet along said centerline to the north quarter corner of said section.
NOW THEREFORE, Declarant declares that said perpetual Right -of -Way easement
within the Suter's Canyon Subdivision, is exempt from the Articles in the
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
SUTER'S CANYON SUBDIVISION, Document No. 934194, recorded October 19,
2007, Lincoln County, Wyoming, Records; and
Declarant does hereby consent to the issuance of said easement to the United States of
America, and does hereby for ourselves, our successors and assigns, covenant and agree
not to interfere with the construction, use, and occupancy of said road.
IN WITNESS WHEREOF, the Declarant, has caused this instrument to be executed
this day of J Ieve4444ei 2009.
ASPEN HILLS DEVELOPMENT,
A Wyoming Corporation
By 44 �/.v
LY E SHARPE
President
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STATE OF V\ >-1, U
)ss.
County of `A
On this `lo-n day of J 1-1-EY 2009, before me, the undersigned, a Notary
Public in and for said State personally appeared Lynette Sharpe, known/proved to
me to be the President of Aspen Hills Development, a Wyoming Corporation that
executed the within and foregoing instrument, and acknowledged to me that such
corporation and company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
NANALE EKO PAUL NOTARY PUBLIC
County of "if ;:i `A State of
Lincoln Wyoming
My Commission Expires May 10, 2011
ACKNOWLEDGMENT
Notary Public for the State of
Residing at 113 CD )2 0 i Fit U Y SS to
My commission expires i.A.A.m lO 2011
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Declaration -Aspen Hills Development