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HomeMy WebLinkAbout965044KtlaiVtU of eutv at ico4 rive RECEIVINC `165044 BOOK: 787 PAGE: 677 JEANNE WAGNER .5�! 1 LINCOLN COUNTY. CLERK, KEMMERER, WY JOINDER RATIFICATION OF ALPINE AIRPARK ASSOCIATION DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES KNOW ALL PERSONS BY THESE PRESENTS, that HERBERT NEILS PEDERSEN, TRUSTEE of the Herbert Niels Pedersen Trust dated 4 February 1986, c/o 185 East 600 South, Willard, Utah 84340, hereafter the "Pedersen Trust the owner of Lot 36, Alpine Village Subdivision No. 1, Plat 2 Amended, Accession No. 559191, pursuant to the Warranty Deed attached hereto, hereafter the "Pedersen Property and FUNK HOLDINGS, LTD, a Calgary, Alberta, Canada Company, 700,540 5 Avenue SW, Calgary, Alberta T2P 0M2 Canada, hereafter "Funk the owner of that property identified in the property description identified as "Exhibit A" that is attached hereto, hereafter the "Funk Property", have reached agreement with the ALPINE AIRPARK ASSOCIATION, INC., a Wyoming Nonprofit Corporation, c/o P.O. Box 820, Thayne, Wyoming 83127, hereafter the "Airpark Association regarding joinder to the Alpine Airpark Association Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges that was recorded in the land records of Lincoln County, Wyoming on January 31, 2007 in Book 647 beginning at Page 632 as Receiving No. 926439. NOW, THEREFORE, the Pedersen Trust and Funk, for themselves and their successors and assigns, hereby join in and ratify said Alpine Airpark Association Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges; hereafter, said covenants, conditions, restrictions, reservations, easements, liens and charges shall apply to their properties; SUBJECT, HOWEVER, TO the following understandings: (1) That the Pedersen Trust and its successors and assigns shall not be obligated to pay any fees to the Airpark Association until such time as an airplane hangar is constructed on the Pedersen Property; and (2) That Funk and its successors and assigns shall not be obligated to pay any fees to the Airpark Association until such time as it constructs a taxiway linking the Funk Property to the runway that is located on of Lot 92, Alpine Village Subdivision No. 1, Plat 2 Amended, 10th Filing Amended, Accession No. 930105. AGREED TO on this, the I day of `Tv ^'t 2012. [Separate signature pages follow.] JOINDER RATIFICATION OF ALPINE AIRPARK ASSOCIATION DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES PAGE 1 OF 4 Q,u677 AIRPARK ASSOCIATION: ALPINE AIRPARK ASSOCIATION, INC., a Wyoming Nonprofit Corporation BY: REX DOORNBOS, PRESIDENT WITNESS my hand and official seal. JAYANTHI J. ROTH NOTARY PUBLIC COUNTY OF STATE OF LINCOLN i WYOMING MY COMMISSION EXPIRES MARCH 31, 2013 My Commission expires: DATE 00678 STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the M day of may` Q 2012, by REX DOORNBOS, as President of the Alpine Village Airpark Association, Inc., a Wyoming Nonprofit Corporation, pursuant to authority provided to him by said Nonprofit Corporation's Board of Directors. JOINDER RATIFICATION OF ALPINE AIRPARK ASSOCIATION DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES PAGE 4 OF 4 PEDERSEN TRUST: BY: HERBERT NEILS PEDERSEN, DATE TRUSTEE HERBERT NIELS PEDERSEN TRUST dated 4 February 1986 SS. ACKNOWLEDGED before me on this, the 1.1 day of t t h L 2012, by HERBERT NEILS PEDERSEN, TRUSTEE of the Herbert Niels Pedersen Trust dated 4 February 1986, pursuant to authority provided to him in said Trust. WITNESS my hand and official seal. JAYANTHI J. ROTH NOTARY COUNTY OF LINCOLN STATE T WYOMING a MYCO(VIMISSION EXPIRES MARCH 31, 2013 UBLIC IC My Commission expires: hhim JOINDER RATIFICATION OF ALPINE AIRPARK ASSOCIATION DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES PAGE 2 OF 4 00679 FUNK: FUNK HOLDINGS, LTD, a Calgary, Albert, Canada Company t 1 BY: STEVEN F NK, DAT I PRESIDENT STATE OF 0, )1 3,t(- SS, COUNTY OF 'L y cA V ACKNOWLEDGED before me on this, the l day of }W.k 2012, by Steven Funk, as President of Funk Holdings, LTD, a Calgary, Alberta, Canada Company, pursuant to authority provided to him by said Company's Board of Directors. WITNESS my hand and official seal. JAYANTHI J. ROTH COUNTY OF LINCOLN NOTARY PUBLIC STATE OF WYOMING MY COMMISSION EXPIRES MARCH 31, 2013 My Commission expires: UBLIC JOINDER RATIFICATION OF ALPINE AIRPARK ASSOCIATION DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES PAGE 3 OF 4 00680 GEO PIN NO.: 12-3718-19-4-01-001.00 Mail tax notice to: Herbert N. Pedersen 185 East 600 South Willard, Utah 84340 WARRANTY DEED MERRY CHASE, LLC, a Utah limited liability company, County of Box Elder, State of Utah, GRANTOR Hereby CONVEY and WARRANT To HERBERT NIELS PEDERSEN TRUST (dated February 4, 1986) GRANTEE Of Willard City, County of Box Elder, State of Utah For the sum of ten dollars and others valuable considerations the following described tract of land in the County of Lincoln, State of Wyoming, to -wit: LOT THIRTY -SIX (36) OF THE ALPINE VILLAGE SUBDIVISION, NUMBER ONE (1), PLAT TWO (2), AMMENDED, LINCOLN COUNTY, WYOMING Subject to reservations and restrictions contained in United State Patent and to easements and right of -way of record or in use, Together with all improvements and appurtenances thereon. WITNESS the d of said grantor the v day of A. D. 2007 a rt Ped Herb ersen, Manager/Member of Merry Chase, LLC STATE OF UTAH :SS COUNTY OF BOX ELDER RECEIVED 9/24/2007 at 11:37 AM RECEIVING 933357 BOOK:673 PAGE:117 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY GRANTOR 00 000117 On the ea day of -7,4,4/1 2007 personally appeared before me Herbert N. Pedersen, who being by me dui sworn did say, each for himself, that the said Herbert N. Pedersen is a manager /membcr of Merry Chase, LLC, and that the within and foregoing instrument was signed in behalf of said Limited Liability Company and said Herbert N. Pedersen, duly acknowledged to me that said limited liability executed the same. NTL -60759 Parcel 1 The NEI /4SE1 /4, Section I9, Township 37 North, Range 118 West Excepting and Reserving Therefrom the following described tract of land; That part of theN1/2SW1 /4 of Section 20 and the NE1 /4SEI /4 of Section 19, Township 37 North, Range 118 West, 6th P.M. Wyoming of record in the Office of the Clerk of Lincoln County, Wyoming in Book 91 of P.R., Page 489, bounded and described as follows: On the East by the Westerly right -of -way line of State Highway 26; and on the South by the South lines of the said N1 /2SW 1/4 and NEI /4SE1 /4 on the West by a line in The saidNE1 /4SEI /4 and parallel to the West line and 25 feet Easterly of said NEI /4SE1/4 and on the North by a line parallel to the South lines of said N1 /2SW1/4 and NEI /4SE1/4 and so positioned that 40 acres is encompassed. Parcel 2 Together With; "EXIIIBIT A" SE1 /4 NE1 /4 Sec. 19 T, 37N., Range 118 W., 6th P.M., Wyoming and that portion of the S W 1/4 NW 1 /4, Section 20, T37N, R118W, More particularly described as follows: Beginning at a point that is South 0° 10' East a distance of 2,113.28 feet from the Northwest Corner of Sec. 20, T37 N, RI 18 West, running thence South 37° 00' East a Distance of 658.47 feet, running thence North 89 50' West a distance of 394.75 feet to the Southwest Corner of the SW 1/4 NW 1/4 of Sec. 20 aforesaid, running thence North 0° 10' West along the westerly boundary of said Sec. 20 a Distance of 527.76 feet to the POINT OF BEGINNING. That certain casement fro ingress and egress 2 rods in width as described in the Warranty Deed recorded October 6, 1970, Book 91 P.R., Page 486. 00682