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HomeMy WebLinkAbout967215Return after recording to: Stephen L. Brown 19590 E. Mainstreet, Suite 107 Parker, CO 80138 STATE OF COLOARDO COUNTY OF ARAPAHOE By: Grantor: FOOTHILLS MHC, LLC a Colorado limited �li'bility company Name] Boris B Vukovich Title: Manager DATE: 7 3 2012 Grantee: Capitol Infrastructure, LLC a North Carolina Limited Liability Company By: Name: Title: RECEIV /5/2012 at 10:29 AM RECEIVING 967215 BOOK: 795 PAGE: 546 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY TERMINATION OF EASEMENT AND MEMORANDUM OF AGREEMENT Reference is hereby made to that Easement and Memorandum of Agreement dated November 8, 2010, granted by Foothills MHC, LLC, a Colorado limited liability company, Grantor, to Capitol Infrastructure, LLC, a North Carolina limited liability company, Grantee, and recorded on January 25, 2011, in the Lincoln County Clerk and County Recorder's office, State of Wyoming, Receiving #957787, Book: 761 Page: 362, hereinafter the "Easement." See attached Legal Description The undersigned do hereby agree that aforementioned Easement is hereby terminated. This the day of TJ 2012. 1 Signed, sealed .ndyrfv -d in the presence of: Witness Signature Eberle s Witness 1 t P nn e Witness ignature 9 Mirk Vukovich Witness 2 Print Name S ned, sealed and delivered e presenc- of: itness 1 Signature W o LOCMCI Witness 1 Print Name _9ka,c LOar\ratt Witness 2 ture Witness 2 t Name STATE OF COLORADO COUNTY OF ARAPAHOE I, Nicole Aumont, a Notary Public of County and State aforementioned, do hereby certify that Boris B Vukovich known to me to be the Manager of Foothills MHC, LLC, a Colorado Limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing TERMINATION OF EASEMENT AND MEMORANDUM OF AGREEMENT on behalf of that limited liability limited partnership. Witness my hand and seal this ()J day of 5' 2012. Notary Public: Nicole Aumont' My Commission Expires: January 24, 2016 STATE OF AJd (ZTh c vz rLt COUNTY OF k 1, L- i\ 0/1. un t y and a Nota Public of County a State aforemen`tloned, do hereby certify that ¶(.p, Y9 L known to me to be the r. --(7 of Capitol Infrastructure, LLC, a Norkh Carolina limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing TERMINATION OF EASEMENT AND MEMORANDUM OF AGREEMENT on behalf of that corporation /liability company. Witness my hand and sea] this MIL day of 2012. Notary Public: My Commission Expires: gig rt- 0 6 ACKNOWLEDGMENT ACKNOWLEDGMENT 2 [Seal] "aUtuouoStU,4 'i 0 N- �A I"' A\ P UBLIC 'O OP► rlaS 00541-) 0003G7 Attachment I to Easement and Memorandum of Agreement Legal Descriptionof the Property A parcel of laud; being part of Tracto 62 end 63 of the xc$ ray CI T213 =AV of the 6th P.M., Cityt of Kemmerer, l ixiooln County, Wy g and, being more particularly described as follows; CoMmencing at the closing corner of Treat 61 and Section 12 of said resnrveyr eg T21N El1641, thence 3 00c35' 31g At, 2687.44 feet to the point of beginning of tlxi.e description. said point .of beginning being the same point of beginning as. identified in the FoOt;,,hi11s Kemmerer MC Warranty Deed as recorded t a Dock 412PR an page 579 (1i reinafter referred to as the Foothills 3teritotere;x`, LL,C Parcel.) said paint of beginning being monumeuted with a found robot and aluminum survey nap.. thence 9 09 E, 545.59 Ue 89°59'30 E, 549.33 record) to the northeasterly angst corner of said WoQthi1ls eameseee, me parcel wh ze is tcuM a Tatar with no dap; thence s 0g09'57w W. 451, toot is 0000'301r E, 492.00 Kest recorded) to 4 ;Vint wham is fwd a gobar with no gyp; thence R 9 17.'" 3 511..50 feet. (i 9g20 W 1510.56 feet recorded) to the southeasterly moot point o€ said Foothills Kemmerer, LIC parcel where is found a rebar with a1.uminum cap stamped p al Plata 5465" set this $ursrey; thence 85 W, 233.34 feet (E 8, °2s' 45" 4l Cod) along the south boundary of .said Woothi3.3.s Kemmeter liraC paroek to a point where is tovtxiU a rebut= with aluminum cap stamped "CCI, BLS 5466" thexaee .ac ti mina along the sototh boundary Linea a of said Foothills Kemmerer" IiL C parcel, 11 85 14, 1213. c B feet (24 05'25' 4s" w, reccard) to a pout on the east botit eirtry line of Fir: Avenue of the Willow iedditien to the Tom. of Kenanerer where is found a rebar with aluminum eurvel* cap stamped "CCX, PELS 5465; thence l 4 E, along the at boundary lines of 'Fir Avenue and the east boundary line of Lit 5 of the Martin Subdivision to tale Tow of Komnorer, 300.3.2 feet to the northeast *afar of maid Lift 3s of the Martina sui diviaic,n (N 4' 31.'15* E, 300.00 feet record) where is found a rebar with almmium nap stamped MCCT, 1 i LS 5464*; thence N S5 W, 550.51 feet (11 85°20/45g W, 550.00 Feet record) along the north boundary of said Martin Subdivision end Winow .Addition to the northwest corner oZ Lod 4, Block 4 of thm Willow .Addition. to a point where is found a. rebar with al»ai.rra n cap stamped 1 CC1, p 6 5465 0 set this a ry y; thence 3,e 4 R 1.50.20 ferret CH 4 °31'15" R, 15(1.011 feet xecOve0 along the easterly boundary ling of said rootb.11e Kemmerer, MC pares to the southwest comer of that particular lar parcel of lad conveyed to Edward T Carlson by Warrant Deed as recorded in Book 3,44PR on page 117 on file in the Lincoln County Cleric's 4effi. (hereinafter referred to as the Carlson Parcel). said poirzbeingrmormented. by a Wand steel nv shaped bar with Sao cap; thence s 05 Br 200.00 feet (S 95 r, 200.40 feet record) to the southeast earner of said Carlson Parcel C -6 Ifi 5 4 8 C c ti B C -7 00549 thence N 4 9, 10015 feat (X 4 E, 180-00 ieae!t record) to the northeast D er of said Carle= parcel. Said point a1si being the southeast comer Of that particular parcel of land Cerareyed by warranty Deed to Tao Iratkett.ziels, •o, pArtlkEtriship, as recorded. in 9Ock 21°M on page ISO on file in the Lincoln County Clerk's office (said parcel hereinafter referred to as tug. Auto Ten Faxe1 thence N 4°42*07* 11,. 362.33 feet T 4 °31'15w 33,, 361,80 =east; record) to the northeasterly tit dour of' sa &4 Auto Izut parcel to a point wee is tun a mar with aluninant Cap stamped CM, PAS 5465 sat this survey; than 90°45* 20' W., 32.40 feast (V E#S• a1.." W, 32.33 feet record) along the north boundary line of said Auto Inn Parcel to tba sou' heaaterjy most corker of that, parti.calar par dal of land caan yd by Gem to Zara Kovach and Sheila Kovach as re,coread in nook 3C5PR on page 422 col file in the Lincoln county cleat a Mice (hereinafter referred to 185 Parcae, .1 said parcel tieing mesumnerated. by a rah= 'with altraincia sap stied, eta, ?BLS 546.511 at this shy: t4ox'i Z 4 335..ia ZoQt (T 4°31 *Iu* 2, .^3"x' ,46 t.t.otat tftca to tile northeast comer of said 18.E Liquor Parcel to a. pCtint 1043numented with a mbar and aluminum Dap stanmei Ism SASS eat tkie 8uey, thence N se°37'17'r tit 10.55 :fit DT 59 °O5'3_" N iO.' 6 !set record) to the southeast corner of that particular parcel or a.an Cry by Warranty Peed 'CO Tri-- Va11ey Distribut r 3n.D. as reCorded tat 224141, en page 884. en the in t.b. Lincoln County t'.1erk a fiat Jf.ae (hereinafter referred to as ells Gas Station Parts:..) Said print berg uonunented by a found rear with an aluinta DAP; UMA001 N 2 E. 3.42.30 Beat (!G' 2 "44g F 142.1.9 feet record) to the noatbgast corner of said as Station arcel. where is fwd a web= wi.th no cap t thence 89' a2" IC 148.$1 feet {N 89v4ii4Irt W 149.73 feet MOM to tax noa±thwast *craw= or aa£t3 Caa Station vamel wha,ro, e tolugui A rebar with aluminum num cap stataVed car PEA 5485 set this survey, elaid point being a, point ON tbe oast right of way boundary of icL$. 1ri,ghway 189 and bed 4, point on. a curve to the left; thence northeauterly along said east boundary of 17 „8. Highway: 189, 3.29-3 at along tha arp of a owl-ye to the let; having a radius +sf C D s as fe4t a a C;ehtte angle of 0.18'26* and a 'recd of 12.42 feat which k9axyes Zy' 7 14 t Mae *MOM /UV aa, t4 Vast s g t i0t w'ay boundaZy of said 0.8. E .shwa 1fl 8S 43 B 49,55 feat /S 85` (1 E 50.0 feat record) to a standard 6°x Si' CenCrete post highway it of way marker; thelnza 30 4 '5,° L, 45.06 fleet (N 1" Et 2eet a ore) along said east right of tray boundary of ma. aillatty 1 85 to the s tthwaat. ttlt..nakw of that paaticu1ar rawea i. a laza oontroyoti key 1 amezty r4144, to dherWi ted-TbY as rscOrde in Book 370n oil page 830 of the Lincoln County Clerk* a office thereinafter referred to as the Kirby Parcel.) Said port being nonunted with a. fern:. reber and survey „heruaes lts 83a4 W3G” R, 341 •rxet (Wstet, 381.57 feet record) to tale southeast corner of said Kirby Parcel. Said point being non rated with a found $'abet and siy 000369 90559 then N 0°14'28° W 234.26 feet (North, 234.26 feet record) to the Axorthee t corner of said icishy Parcel. Said point bei g cn.' ted with a found rather and survey cap. thane* $94E 89 if, 36246 feet Ct ee t, 368,00 f t record) t+ the hwwst corner of said Kirby parcel, Said point bin a point the east right oo way bdaa� o 1:1.8; Highway 181 and hair/ r�.on tmezited by a fad mbar a survey car,. thence N 4°23'36° X, 253.03 feet (N 4 r 253.03 feet record" alb said easterly right *f way boundary of U.S. Nighway 189 to the northwesterly corner of said Foothills Kelgaeror, MC parcel wlaere is found a. reh ex with no cap thence g 09056131 S, 405.85 feet (N 89 R 405,56 feet record) to the point of begi g.