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HomeMy WebLinkAbout953424STATE OF WYOMING S.S. COUNTY OF LINCOLN AMENDMENT OF HOBO RANCH COVENANTS, CONDITIONS AND RESTRICTIONS C:0 173 WHEREAS, David C. Hansen and Timothy J Bommer, doing business as Hobo Ventures, a Wyoming joint venture (Hobo Ventures), and Vicki K. Rohan, as the wife of Timothy J Bommer (original Declarants) recorded Hobo Ranch Covenants, Conditions and Restrictions (Covenants) in the records of County Clerk of Lincoln County, Wyoming in Book 585, pages 390 to 401 as instrument #908442, and WHEREAS, the real property encumbered by the Covenants and described below is presently divided into seven (7) Parcels, which are designated as Parcels A, B, C, D, E, F and G, (Parcels), which are more particularly described in maps or plats recorded the Office of the County Clerk of Lincoln County, Wyoming, and included herein by reference, and WHEREAS, the real property encumbered by the Covenants is more particularly described, as follows: See Exhibit "A," annexed hereto and referred to herein as "the property," "Black Mountain Ranch" or "BMR." WHEREAS, the original Declarants retained the right to make amendments to covenants as more particularly provided in Article Six of the Covenants, and WHEREAS, individuals have purchased Parcels subsequent to the Covenants, and have participated in determining amendments as evidenced by their signatures below, NOW, THEREFORE, the undersigned, original Declarants and subsequent purchasers (Declarants), hereby amend the Covenants as more particularly provided in the "BLACK MOUNTAIN RANCH, COVENANTS, CONDITIONS AND RESTRICTIONS," (Covenants) as follows: BLACK MOUNTAIN RANCH COVENANTS, CONDITIONS AND RESTRICTIONS The undersigned Declarants hereby declare that all of the property shall be held, sold, conveyed, encumbered, leased, rented, used, occupied and improved 1 RECEIVED 5/13/2010 at 9:50 AM RECEIVING 953424 BOOK: 747 PAGE: 173 JEANNE WAGNER i inirni NI r t INTY CLERK. KEMMERER, WY subject to the following easements, restrictions, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the property and every part thereof. These covenants shall run with the property and shall be binding on all parties hereto and those having or acquiring any right, title or interest in the property or any part thereof, and shall inure to the benefit of all the lands within the property and the future owners thereof ARTICLE ONE BLACK MOUNTAIN RANCH HOMEOWNERS ASSSOCIATION 1. Formation: A homeowners association shall be incorporated in the state of Wyoming as a not for profit corporation or L.L.C. to be known as "Black Mountain Ranch Homeowners Assoc., L.L.C.," (Association) as soon after the filing of these covenants as may be necessary and practicable. The name 'Black Mountain Ranch" is trademarked by Timothy J Bommer and David C. Hansen d /b /a Hobo Ventures, a Wyoming partnership, who grant the limited use of the name for the purpose set forth herein. The Association shall protect the trademark and shall make no assignment thereof. 2. Membership: All persons or entities that own or acquire title to any of the Parcels by whatever means shall automatically become a member of the Association, and only owners may be members of the Board of Directors of the Association (Board), who will not exceed three (3) in number and shall serve at the pleasure of the Declarants until such time as Parcels D through F have been sold. Until such time, the Declarants may constitute the Board in its entirety and shall have all of the authority provided below. For so long as any of the Declarants own or have an interest in any parcel contained in the property they shall have at least one person as a member of the Board. 3. Authority: The Board, as established by the formation of the Association, shall have the power and authority to manage the business and affairs of the Association and its activities. The Board shall have the power and authority to administer and enforce the terms and conditions of this Declaration and any amendments thereto. 4. Irrigation: Any disputes regarding irrigation of the property shall be resolved by the Board. Prior thereto, the owners involved shall attempt to informally resolve the dispute. Allocation of the irrigation water and the cost thereof is determined by the Sweetwater Irrigation Company, and all owners shall pay irrigation assessments in full when due. 9 z« 7 4 ARTICLE TWO COVENANT FOR MAINTENANCE ASSESSMENTS 061)175 1. Creation of Lien and Obligation for Assessments. The Declarants, for each parcel owned by them, hereby covenants, and the owner of each parcel, his or its heirs, successors and assigns, by acceptance of a deed or execution of a contract to purchase therefore, whether or not set forth in said deed or contract, is and shall be deemed to covenant and agree to pay to the Association: a. special assessments for road and utility construction, maintenance and improvement, such assessment to be established and collected as hereinafter provided, b. special assessments for irrigation, such assessment to be established and collected as hereinafter provided. c. such other and further assessments, including annual and special assessments as may be adopted by the Association with the approval of the owners. The annual and special assessments, together with reasonable interest, costs and attorney fees, shall constitute a charge on the land and shall be a continuing lien upon the lot charged for the assessment. No assessment provided for in paragraphs "a" and "c" shall be charged to or against the Declarants for so long as they own any parcel. 2. Purpose of Assessments: The special assessments levied by the Association shall be used to reimburse any owner(s) for the construction and /or installation of a roadway and utilities for Parcels D through G; payment for the improvement and maintenance of the roadway and utilities by the Association; construction, improvement and maintenance of the irrigation facilities by the Association, and: payment for any and all other assessments adopted by the Association. 3. Commencement and Rate of Assessment: Upon an owners completion of the construction of a roadway and /or utilities for Parcels D through G in and upon the easement therefore, in accordance with the requirements as hereinafter provided, and upon acceptance of the roadway and utilities by the Association, the owner shall submit to the Association evidence of the cost thereof and that they were constructed for a reasonable amount. The cost shall be prorated among all of the parcel owners directly benefiting from the roadway and utilities, assessed against them, and paid at the time of purchase of a parcel; provided, however, if Declarant is an owner, the assessment shall not become effective until the parcel is sold. For example, if the owner of parcel F spends $40,000.00 for the installation of utilities, said sum shall be prorated in the sum of $10,000.00 for each parcel and said amount shall be assessed against the remaining Parcels, D, E and G, but shall not be assessed against the parcel(s) if they are owned by the Declarant. The assessment shall only become effective and shall be paid only upon the sale of the parcel(s) by the Declarant. 00 0176 All other assessments shall be paid when due and in the manner required by the Board. All unpaid assessments shall constitute a lien upon the property. 4. Payment of Assessment and Effect of Non- payment: As provided above, the prorated assessment for construction of the roadway and utilities shall be paid by an owner of a parcel (except Declarant) upon the purchase of the parcel. All other assessments shall be paid within 30 days of billing by the Association. If not paid within said time, the assessment shall be subject to interest at the rate of not Tess than 18% per year, plus the costs of collection, including a reasonable attorney's fee. At its option, the Association may bring an action at law or in equity against the owner or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided herein by nonuse or abandonment of his or its parcel. 5. Subordination of Lien: The lien of the assessments provided herein shall be subordinate to the lien of any first mortgage, provided however, that a first mortgage cannot be granted without payment of the construction assessment provided in paragraph 1, above. No sale or transfer of the parcel shall adversely affect the assessment lien. ARTICLE THREE GENERAL RESTRICTIONS 1. Zoning: In addition to the covenants, conditions and restrictions contained herein, no parcel shall be occupied or used nor shall any improvement be erected contrary to the zoning regulations of Lincoln County, Wyoming. 2. Private Residence Purpose: The Parcels shall be used solely for rural and agrarian, private, single family residential purposes. 3. Prohibited Activities: No mercantile, manufacturing, mechanical, trade or any other form of commercial business or business establishment of any nature shall be maintained on the property or in any improvement erected or placed thereon. The owner may have a home office, provided they do not sell or serve customers or clients on or from the premises. No building on the property shall be used as a boarding or rooming house, provided, however, that the family dwelling and /or any guest house erected on the a 000177 property may be leased on a temporary basis (month to month tenancy) by the owner to be used only for rental income and occupied only as a single family dwelling. No mining or quarrying operation or drilling of any oil or gas will be conducted or permitted on any parcel. No signs, billboards or advertising devices of any kind, except as hereinafter allowed, shall be erected, placed on, over or upon the property. No hunting or discharge of firearms shall be permitted. 4. Signs: One for sale" sign not larger than 6 square feet shall be permitted. One entrance gate sign identifying the owner by name or the name of the property is permitted as long as it is of a reasonable size and style. 5. No Nuisance: No noxious or offensive activity shall be conducted upon any property, nor shall anything be done or placed on the property which may become a nuisance, or cause unreasonable embarrassment, disturbance or annoyance to other owners in the enjoyment of their property. In the determination of a violation of this condition, recognition must be given to the premise that owners of Parcels in Black Mountain Ranch are entitled to the reasonable enjoyment of the natural benefits, openness and solitude of the property. Without limitation, no loudspeakers, horns, or other sound devices, except security devices used for the security of the property and improvements, shall be placed upon the property, nor shall barking, howling or screeching animals be allowed. No light shall be emitted from any parcel, which is unreasonably bright or produces an unreasonable glare. Without limiting the generality of what constitutes a nuisance, each of the forgoing is an actionable nuisance and prohibited. 6. Animals and Livestock: No animal or fowl of any kind may be kept, bred or maintained on the property for any commercial purpose, including without limitation dogs, horses and poultry. Generally recognized household pets (dogs and cats) may be kept, but not more than three (3) per single family residence. Such pets shall be confined to the owners parcel by whatever means necessary and shall be confined in a sound resistant enclosure during normal sleeping hours. No other animal or fowl may be kept or maintained on the property other than horses, mules, llamas or cows as more specifically provided below. The owners of each parcel shall be responsible for all animals and livestock kept or maintained on their parcel. Any allowable animals must be restrained by means of an approved fence or corral or other means within the boundaries of each parcel and not allowed to create a nuisance in the area. An unreasonable accumulation of animal waste shall constitute a nuisance. The owners of each parcel shall do and perform all things reasonable and necessary to control and abate flys and /or flying insects that are commonly associated with the keeping of animals and livestock. 00C/178 Except for "Parcel A," in addition to the household pets, it shall only be permissible to maintain on each parcel not more than five (5) animals including offspring, e.g. 2 horses, 1 foal, 1 mule and 1 llama. Not more than one (1) cow is allowed per parcel. Bulls are not permitted. Only two (2) horses shall permissible on Parcel A, in addition to the household pets. 7. No Division: Notwithstanding any state, county law or other regulation to the contrary, no Parcel shall be further divided into smaller parcels or tracts, except for Parcels D through G, which may be divided once into parcels or lots not less than seven (7) acres in size; provided, however, nothing contained herein shall prohibit the combination of two or more Parcels into a single parcel. If two or more Parcels are combined they may not thereafter be divided and shall be thereafter treated as one building site, which shall be subject to these restrictions the same as a single parcel; provided, however, the number of animals that an owner may maintain shall be not more than ten (10) of the breed or type required in paragraph 6, above. Combination of Parcels shall subject the owner to assessments as if the Parcels had not been combined. 8. Temporary Structures: No structures of a temporary nature, trailer, mobile home, basement house, tent, shack, garage, barn or other outbuilding shall be used at any time as a residence either temporarily or permanently. A "trailer" or "mobile home" is a structure with wheels and /or axles that is constructed to allow for transport and to allow for occupancy as a dwelling, but shall not include a manufactured or pre -built home that is permanently affixed to a foundation. 9. Storage and Appearance: Clotheslines, service equipment, boats, motor homes, trailers, trucks, tractors, garden equipment, television antennas, woodpiles or storage areas shall be screened by planting or fencing to conceal them from view of neighboring lots, drives and roads. Rubbish, garbage and other waste shall -be kept and disposed of in a sanitary manner. Dumping or storage of rubbish, garbage or waste is prohibited on the property. All containers or other equipment for the storage and disposal of garbage, trash or rubbish or other refuse, shall be kept in an enclosure in a clean and sanitary condition. No trash, litter or junk shall be permitted to accumulate or remain upon the property. No burning of trash is permitted upon the property. 10. Fences: Lot owners shall maintain fences in a sightly condition. Owners who construct fences on shared lot lines shall be entitled to contribution from the adjoining lot owner at such time as the owner contracts for the fence, subject to the adjoining owner's agreement. In the event the owners cannot agree to the amount, manner and method of payment, the matter shall be submitted to the Board, which shall attempt to reasonably resolve the dispute. Nothing shall prevent the owner erecting the fence from pursuing an action in law or in equity to enforce the terms of this provision and otherwise preventing an unjust enrichment to the adjoining lot owner. R 00(479 All perimeter fences constructed shall be of a post and rail design, and may be constructed of wood, metal or synthetic material. The posts shall be at least four (4) feet in height and may have not less than one (1) nor more than four (4) rails per section of posts. One (1) to three (4) strands of barbless wire may be substituted for the rails, except for the uppermost or top rail, which shall consist of wood, metal or synthetic material. Corrals may have an alternative style or design to be approved by the Association. Electric fence is allowed within the perimeter fence for the management of livestock, provided however, the fence is powered by solar or other passive energy and does not constitute a nuisance. No fence erected on a parcel shall exceed six (6) feet in height. 11. Underground Utilities: All electric power and telephone service lines and all other utilities constructed upon the property shall be underground and shall be constructed within the easement granted for such purpose. Utilities from the easement to lot improvements shall be underground. Fuel storage tanks, including tanks for propane and other liquefied petroleum products, shall be buried. 12. Noxious Weeds: Noxious weeds shall not be permitted on any parcel, and shall be eradicated by such means approved by Lincoln County Weed and Pest or such other agency with authority to make such determination. 13. Damage. Destruction and Maintenance: If any building or improvement upon the parcel is damaged in whole or in art, it shall be promptly removed, renovated or rebuilt to conform with the covenants contained herein. The owner shall maintain the buildings and improvements in good condition and repair, and in such a manner as to not create a fire hazard. 14. No Waste: No waste shall be committed on any parcel. ARTICLE FOUR RESIDENTIAL RESTRICTIONS 1. Buildings Allowed: There shall not be constructed or maintained on each parcel no more than one single family dwelling having a floor living area of not less than 2,000 square feet, not including open porches, patios and garages, and a private garage for not more than three (3) vehicles; provided, however, that the following structures may be erected on each parcel: a. one (1) guest house: which shall have a floor living area of not less than 600 square feet, and a private garage for not more than two automobiles. b. one (1) barn: which shall be totally enclosed and have not less than 900 square feet of floor area. c. one (1) hay storage shed, which shall be used exclusively for that purpose. 7 O{41.80 d. not more than two (2) maintenance, tack or loafing sheds, which shall have a floor area of not Tess than 200 square feet each. Provided, however, one or more of the Declarants may erect one or more multi- family dwelling units together with private garages on Parcel A, and no other structure or building a/s allowed above shall be erected on said lot. In the event Parcel A is sold or conveyed by Declarants to a third party without such improvements, only a single family dwelling as defined above may be erected on said lot at such location on the lot as first approved by the Association. No other structure shall be allowed on Parcel A, except the pole barn that pre exists this Declaration. In the event the barn is destroyed or partially destroyed and cannot be reasonably used, it shall be torn down and removed from the property. 2. Setbacks and Height: Each building on a lot shall have a minimum setback distance of 150 feet measured from the parcel line to the closest wall of the building, except for Parcels A, B and C or any parcel or lot less than ten (10) acres, which shall have a minimum setback of 50 feet measured from the parcel line to the closest wall of the building; provided, however, the location of the any building allowed on any Parcel or lot shall be first approved by the Association, as provided above. No building shall exceed 28 feet in height from the lowest ground level at the foundation existing prior to excavation and /or construction of the building, and shall not otherwise unreasonably impair or impede the visual easement of any other parcel owner. 3. Landscape: All areas disturbed by construction shall be returned to natural conditions and replaced with appropriate ground cover. 4. Construction: The construction of any building allowed on a Parcel shall be continuous, uninterrupted and concluded without delay. The exterior of any building must be completed within twelve (12) months after commencement of construction. Construction shall be in accordance with all applicable national building codes, notwithstanding the absence of any governmentally imposed building requirements. 5. Water and Sanitary Systems: Each residential building shall be connected to a private sewage disposal system and well, which shall conform to all applicable standards and requirements of the State of Wyoming, Lincoln County or other regulatory agency. No sewage disposal system or water well shall be constructed, altered, allowed to remain or be used unless first approved as to design, capacity, location and construction by all proper county and state regulatory agencies. No sewage system shall be constructed within 150 feet of the water system and the exterior boundaries of any parcel. No water system shall be constructed or be used which adversely affects the water system of any other parcel owner. R ARTICLE FIVE EASEMENTS 1. Utilities and Rights of Way: The property is subject to a perpetual easement 60 feet in width, which runs through its center in a west to east direction to the intersection of Parcels D through G, as more specifically shown on the map of record. The center 20 feet of said easement shall be used for the right of way to access Parcels A and D, E, F and G, and may be used for additional access to Parcels B and C. The remaining width on each side of the right of way shall be used for the underground utilities as provided above, and for plowed snow. Nothing shall be planted in or placed in, upon or under the easement except the roadway and utilities. In the event Parcels D through G are divided into smaller lots, the roadway and utilities easement shall be extended easterly to provide access to the western most lots. Only the Association may undertake and /or allow for the construction of the roadway by an owner, and only it may maintain the right of way and utilities, subject to the requirements hereof. The cost of construction and maintenance shall be paid pro -rata by the owners as provided in Article Two, above. The right of way (roadway) shall be constructed in a manner approved by the Association, but at a minimum, it shall require the removal of the topsoil to a depth of at least eight (8) inches and a surface of one (1) inch diameter gravel at least three (3) inches in depth. The roadway shall be a private road. 2. Irrigation System: An irrigation system is located on the north and south boundaries of the property. The owner of each parcel shall receive an appropriated right in the irrigation system and shall pay all assessments levied by Lincoln County and the irrigation company whether or not the parcel is occupied and /or water from the system is being used. ARTICLE SIX ENFORCEMENT. DURATION AND AMENDMENT 1. Enforcement. The Association, or any owner, shall have the right to enforce, by proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction contained herein shall not be deemed a waiver of the right to do so at any time thereafter. 2. Duration of Restrictions. All of the covenants, conditions and restrictions set forth above shall continue and remain in full force and effect at all times against q f 181 X L� '1.e OO T482 the property and the owners thereof, subject to the right of amendment and modification as provided below, for a period of twenty (20) years, after which time they shall be automatically extended for successive periods of twenty (20) years. 3. Amendment. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than one hundred (100 percent of the parcel owners, and thereafter during the successive twenty year periods by not Tess than seventy five (75 percent of the parcel owners, which must in recordable form and be recorded in the office of the County Clerk of Lincoln County, Wyoming. Declarants shall have the right, during such time as they own not less than two (2) Parcels, to change or modify the covenants; and all Parcels, including those previously sold, shall be subject to such changes and modifications. The amendments shall be executed by the Declarant and recorded in the office of the County Clerk of Lincoln County, Wyoming. 4. Violation is Nuisance. Every act or omission, whereby any restriction, condition or covenant is violated in whole or in part, shall constitute a nuisance and may be abated by Declarants, their successors in interest, the Association and /or by any parcel owner, and such remedies shall be deemed cumulative and not exclusive. 5. Construction and Validity. All of the covenants, conditions and restrictions herein shall be construed together, but if at any time one, or any part of one, is invalid or becomes unenforceable, no other covenant, condition or restriction, or any part, shall be adversely affected or impaired, and the Declarants, grantor and grantee, heirs, successors and assigns shall be bound by these declarations even if declared invalid or inoperative or is otherwise unenforceable. 6. No Waiver. The failure of the Association or any owner to require strict compliance and performance of any of the terms, covenants, conditions and restrictions or to exercise any right or option contained herein, shall not constitute or be construed as a waiver or relinquishment of any requirement contained in this Declaration, but rather, they shall remain in full force and effect. THIS DECLARATION SIGNED AND EXECUTED BY THE DECLARANTS AS FOLLOWS: TIMOTHY 1 OMMER, individually; on beha o Black Mountain Ranch (f /k /a Hobo Ventures), a joint venture, d; as Trustee of the Timothy J Bommer Living Trust, ted May 12,199 CKI K. ROHA ndividually; as the spouse Of Timothy J mmer, and; as Trustee of the VIcki K. R"ahan Living Trust, datectSepternber 12, 1999. hkeel e- 'A.( DAVID C. HANSEN, dividualiy and on behalf of Black Mountain Ranch (f /k /a Hobo Ventures, a joint venture. r\- t Lk h JAME A. TU CRAIG P. HERRO, as Trustee of the Herro Family Trust, dated December 22, 2005. STATE OF ARIZONA ss. COUNTY OF MARICOPA The foregoing instrument Bommer and Vicki K. Rohan this My commission expires: Witness my hand and official s a Y U 1 C 1 ACKNOWLEDGMENTS was acknowle ged be re me by Timothy J day of k 1 y 2010. 11 Notary Public 000183 VICKI K. ROHAN, individually; as the spouse of Timothy J Bommer, and; as Trustee of the Vicki K. Rohan Living Trust, dated September 12, 1999. DAVID C. HANSEN, individually and on behalf of Black Mountain Ranch (f /k /a Hobo Ventures, a joint venture. JAMES A. TURLEY CRAIG P: HERRO, as Trustee of the Herro Family Trust, dated December 22, 2005. STATE OF ARIZONA )ss. COUNTY OF MARICOPA The foregoing instrument was acknowledged before me by Timothy J Bommer and Vicki K. Rohan this day of ,2010. Witness my hand and official seal. My commission expires: ACKNOWLEDGMENTS Notary Public 11 0 00 1 84 STATE OF WYOMING ss. COUNTY OF TETON The foregoing instrument was acknowledged before me by David C. Hansen this /Pi day of A a_te 2010. Witness my hand and official seal. My commission expires r� /z /,,26 /o STATE OF WYOMING COUNTY OF LINCOLN Notary Pu lic LORENE CARTER COUNTY OF LINCOLN 00i AS NOTARY PUBLIC STATE OF WYOMING MY COMMISSION EXPIRES SEPTEMBER 21, 2010 The foregoing instrument was acknowledged before me by James A. Turley this day of 4k v'1 2010. Witness my hand and official seal. My commission expires Notary Public 1 7 FiY PUBLIC STATE OF WYOMING r IN F F S OCTOikER 12, 201 STATE OF CALIFORNIA COUNTY OF ALAMEDA ss. The foregoing instrument was acknowledged before me by Craig P. Herro this day of ,2010. Witness my hand and official seal. My commission expires 00v186 V N d ta ry Public 13 State of California County of A.\art \ed.Is On dO zo ,before me, Shannon Marie Castro- Notary Public, personally appeared o proved to e on the basis of satisfactory evidence to be the person whose name(') subscribed to the within instrument and acknowledged to me tha name/0 executed the same in is 1cl/theft- authorized capacity 0S), j, and that by Asir signature`) on the instrument the person(, or the entity upon behalf o which the personK acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Additional Optional Information Although law does not require the information in this section, it could prevent fraudulent removal and reattachment of this acknowledgement to an unauthorized document and may prove useful to persons relying on the attached document. DESCRIPTION OF THE ATTACHED DOCUMENT 1\m e, m ,-c a o R�fl(k uv ,Y1a s) COfdr ions Gs— —y; C7t Number of pages Document date `1 .2-A) a t a (Title or description of attached document) CAPACITY CLAIMED BY SIGNER Individual(O O Corporate Officer O Partner(s) O Attorney -In -Fact O Trustee(s) 0 Other California A11. Purpose Certificate of Acknowledgement seal) X0u187 SHANNON MARIE CASTRO COMM. #1830718 NOTARY PUBLIC CALIFORNIA ALAMEDA COUNTY My Comm. Expires Jnuusry 13, 2013 stxee t,.l4 SuM1.r.' Nu 16. R. A Sch°'be a.a.awbsw•.p' Na.3449 %owe A. Sche.bel :sand tame Sueveyd No.3308 WEYOR salvo-40_1:m N,6y. Wyoming 63115 a amt W W'°'M 85001 m, Wyoms.V 85110 To- That part of the S1 /2 of Section 27 arru N1 /2 of Section •34 of T36N, R119W, Lincoln County, Wyoming, described as follows: BEGINNING at a point at a fence corner, S44'- 34.1'S4' 1883.77 feet from the northeast corner of said S1 /2 found as described in the Certified Land Corner Recordation Certificate filed in the Office of the Clerk of Lincoln County; thence S00 25.1'W, 1305.45 feet along a fence line to an intersection with the south line of said Section 27, S89 53.5'W' 1331.59 feet from the southeast corner of said Section 27; thence continuing S00'- 25.1'W, 16.87 feet along said fence line to a point on an underground pipeline; thence S89' 32.3'W, 2754.33 feet along said underground pipeline to a spike in the center -line of the Roberts- Wolfley County Road No. 12 -109; thence northerly along said center line as follows: on with the said thence NO1'- 41.9'W, 33.88 feet to an intersect south line of Section 27; thence continuing N01`-41.9'W, 710.47 feet to a spike at the beginning of a tangent circular curve to the right; thence northerly, 389.30 feet along the arc of said curve, through a central angle of 19'- 45.5', having a radius of 1128.89 feet, to a spike; thence 14l8'- 03.6'E, 124.30 feet to a spike at the beginning of a tangent circular curve to the left; thence northerly, 88.31 feet along the arc of said curve, through a central angle of 08'- 15.2', having a a spike, and leave said center -line; thence N89'-43.0'E, 2671.09 feet along a fence line to the POINT OF BEGINNING; ENCOMPASSING an area of 83.95 acres, more or less; the "points" and "spikes" (monuments) called for in the es description take precedence over calls for the f es in es and the pipeline in determining the tract herein described; this survey included a faithful retracement of the said County Road; should the center -line of the said County Road be shown to be in a different location than called for herein, then the center -line of the said County Road shall be the west boundary line of the above described tract and the monuments called for herein shall rule for the direction of the north and south lines of the tract; "point" indicates a 5/8" x 24" steel reinforcing aluminum cap inscribed: Y O R SC!ERB L L TD. PLS 3889 and other appropriate "slrilce' indicates a 3/8" x 12" steel spike set this survey; by the section lines as described herein are tho ed etestablished by Surveyor Scherbel, Ltd. during a survey perf of the Wyoming Game and Fish Department f during n 1990 s a d 1991 a s shown on the plats of said survey be filed in the Office of the "PLAT OF SURVEY FOR C. REID L7 N1 /2 SECTION 34 T36N R119W all in accordance with the plat to Clerk of Lincoln County titled: SANDERSON OF TRACT IN S1 /2 SECTION LINCOLN COUNTY, W OMING. 28 March 1991 radius of 613.03 feet, to rod with a 2" BIG PINEY, WY survey;