HomeMy WebLinkAbout956447AMENDMENT TO AGREEMENT FOR SEWER SERVICE
This Amendment to Agreement for Sewer Service is entered into and is to be
effective on the date of the last signature affixed hereto between North Star Utility, a
Wyoming Corporation "North Star and WYO /MCS LLC, a Delaware limited liability
company authorized to do business in the State of Wyoming "Developer
RECITALS
A. On December 31, 2008, the parties entered into an agreement in Lincoln
County, Wyoming, relative to an agreement for North Star to provide to Developer
certain sewer service to Developer's approved subdivision.
B. The Developer has recorded a plat of the Targhee Landing Phase I, a
Subdivision, of record in the Office of the Clerk of Lincoln County, with Accession No.
947535.
C. On April 21, 2010 the Developer recorded a partial vacation of Targhee
Landing Phase I in the Office of the Lincoln County Clerk in Book 745 Page 776. That
partial vacation reduced the size of the original plat from 32 lots to 16 lots but retained
the original plat with the legal descriptions of those 16 lots. (See attached exhibit A)
D. The Developer has reduced the size of the subdivision from 32 lots to 16 lots
and desires to amend the agreement for sewer service.
E. The parties wish to modify the provisions of the prior contract by this
agreement.
AGREEMENT
The prior contract of the parties is changed in the following respects only:
The Developer has recorded in the office of the Lincoln County, Wyoming Clerk a
plat for Phase I of the Targhee Landing Subdivision describing the existence of thirty
two (32) townhome lots. Thereafter a partial vacation of Targhee Landing Phase I was
approved and recording in the Office of the Lincoln County Clerk in Book 745 Page 776.
This partial vacation decreased the lots from thirty two (32) lots, to sixteen (16) lots.
The parties agree that those vacated lots shall not be a part of this agreement. The
Lot Numbers that remain and are included in and made a part of this agreement are lot
Page 1 of 3
e00428
numbers: 17-28 located along Lance Leaf Road, and lot numbers 9-12 located along
Honeysuckle Road. All other remaining property owned by the Developer is not
contemplated within this agreement.
IN WITNESS WHEREOF the parties have caused this amendment to be executed
by their duly authorized representatives.
NORTH STAR UTILITY
A Wyoming Cor ration
Michael Halpin
Date: IO 12-id
STATE OF WYOMIN
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me by Mike Halpin, who appeared
before me and was personally known to me, and was by whom duly sworn and upon
oath represented that he was the President of NorthStar, that the instrument was signed
on behalf of NorthStar by the authority of the board of directors or trustees thereof,
acknowledged the instrument to be the free act and deed of NorthStar this (2414 day
of Steer, o
o Otatr
R y hand and official seal.
USA M. PADDLEFORD NOTARY PUBLIC
County of State of
Teton Wyoming
My Commission Expires September 12,
Page 2 of 3
G emoVied
NOTARY PUBLIC
000429
WYO /MCS, LLC
A Delaware Limited Liability Com
Mary McSorley
Date: /G'
STATE OF WYOMING
)ss.
COUNTY OF LINCOLN
The foregoing instrument was acknowledged before me by Mary McSorley, who
appeared before me and was personally known to me, and was by whom duly sworn and
upon oath represented that she was the President of WYO /MCS, LLC, that the
instrument was signed on behalf of WYO /MCS, LLC by the authority of the board of
directors or trustees ther of,,cknowledged the instrument to be the free act and deed of
WYO /MCS, LLC this day of September, 2oio.
WITNESS my hand and official seal.
My Commission Expires: v
Page3of3
NOT
R PUBLIC
HEIDI BROWN
County of
Lincoln
M CommistA i x
MARY PUBLIC
State of
Wyoming
re;eug 5, 2013
00u430
Comes now M.ary H. McSorley, President of WYO/MCS, 1.1.,C, a Delaware limited liability company of
P.O. Box 7545, Jackson, Wyoming 83002, County of Jackson, State of Wyoming, who does hereby make
the following statement of facts:
1. That WYO /MCS, LLC, a Delaware limited liability company, is the sole owner of the following units
and their appurtenant Limited Com.mon Elements of Targhee Landing Phase 1, a Subdivision, of
record in the Office of the Clerk of Lincoln County, with Accession No. 947535.
2. That it does hereby vacate those units and their appurtenant limited com.m.on elem.ents from said
subdivision in accordance with Wyoming Statutes, 2009, as amended, Section 34 -12 -108.
3. That the Board of County Commissioners of Lincoln County approved said vacation at its regular
meeting on i t in accordance with Resolution. No. :0f0.1;", dated rtsf •1 j/
4. That, in accordance with Wyoming Statutes, 2009, as amended, Section 34 -1.2 -1 10, the County Clerk.
is requested to write the word "vacated" across the face of above referenced units and make reference
to the same in the Book and page where it is recorded in accordance with Section 34 -1.2 -110.
5. That, WYO /MCS. LLC affirms all rights of the. Horne Owner's Association and the utility companies
to the streets, alleys, common elements and public grounds and the easements for utilities such as
water, sewer, electrical power lines, gas lines,. telephone line, etc. of said subdivision as granted on
said plat and confirms that these elements of said subdivision are unaffected by said vacation;
6. That WYO/MCS, LLC affirms that said vacated units are still subject to that Declarati.o.n of
Covenants, Conditions and Restrictions of record in said Office in Book 734 of Photostatic Records
on page 183.
State of Wyoming
)ss.
County of
Units 1, 2, -3, 4, 5, 6, 7 and 8,
Units 13, 14, 15 and 16,
Units 29,.30, 31 and 32.
The foregoing instrument was acknowledged before me by Mary H. McSorl President of WYO /MSC,
LLC, a Delaware limited liability company. this day of WY 061 2010.
Witness my hand and official seal.
My commission expires:
PARTIAL VACATION OF TARGHEE LANDING PHASE I
Notify Public
.IAMIE DECORA NOTARY PUBLIC
County of
Lincoln
RECEIVED 4/21/2010 at 3:36 PM
RECEIVING 953024
BOOK: 745 PAGE: 776
JEANNE WAGNER
LINCOLN COUNTY CLERK. KEMMERER. WY
State of
Wyoming
My Commission Expires June 27, 2010
0 97
00 431
File: Targhee Landing Phase 1