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HomeMy WebLinkAbout968222J (1 RECEIVED 11/29/2012 at 11:42 AM RECEIVING 968222 BOOK: 799 PAGE: 329 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF WYOMING )ss: COUNTY OF LINCOLN WITNESS my hand and official seal. My Commission Expires: SPECIAL WARRANTY DEED This Deed, made this 27 day of 2012, between WJW Holdings WY LLC, a Wyoming limited liability company party of the first part and David G. Wood and Suzette Wood, husband and wife Party of the second part, whose address is 280 Shoshone, Rexburg, ID 83440 WITNESSETH: That the said part of the first part, for and in consideration of the sum of Ten dollars ($10.00) and other good and valuable considerations to the said party of the first part acknowledged, as granted, sold and conveyed, and by these presents does grant, bargain, sell and confirm unto the party of the second part, his heirs and assigns, forever, the following described real property situate in Lincoln County, State of Wyoming, to wit: That part of Section 9, T36N R119W, Lincoln County, Wyoming described on the attached Exhibit prepared by Surveyor Scherbel, Ltd. titled, "Description for WJW Holdings WY, LLC Tract D dated 20 November 2012. MARY KIEHNE NOTARY PUBLIC County of State of Lincoln v,ia Wyoming My Commission Expires Se{ 7, 2015 00329 TOGETHER with the rights of ingress and egress contained on attached exhibit. RESERVING UNTO GRANTOR the easements contained on attached exhibit. Subject to the following covenants: Annual homeowners association dues start out at $1000.00 per year. If this tract is divided each divided tract will continue to have an assessment of $1000.00 per year. The assessments cover road maintenance, river property easement used by mountain top tracts this is the road going up hill gravel based, any maintenance shared by paved river road, Kibbie Parkway in the future. It also covers well agreement, maintenance, any items shared by tract owners of mountain lots, the owner of each tract gets one vote, or if tract is divided then each tract would get a vote, as long as dues are paid current. Any fencing will be of wood nature only, no metal fencing allowed. Maximum fenced area is building site and/or 10 acres per tract of land. Snow removal by residents, or tract owners, if a owner does not build, snow will be covered only by those needing snow removal, future board of owners can change any covenant upon mutual decision of members. Each original tract owner will be a member of the board, each owner may will be limited to one even split of their property, one time, and must follow any current county rules an regulations. Grantor /Developer has the right to install water, electrical and/or phone the most appropriate manner to serve the development. Current owners will not unnecessarily withhold the approval when presented with an easement of approval once the survey when completed. Grantor /Developer agrees to maintains the gravel road up hill the first year, sum 'er of 2013 at Grantor/ Developers expense, until road way is established. SUBJECT to all covenants, restrictions, reservations, easements, conditions and rights ap. -aring of record. Grantor shall and will specially warrant that the title to the aforesaid property is free from defe or encumbrances created or suffered by Grantor and will forever defend the property conveyed by e within deed, and every part thereof, against every person lawfully claiming the s e, or any part thereof, by, t ough, or under Grantor, and no other. a North Dakota limited WJW Holding by WJW Holdin ited partnership, WY, LLC LLLP, anager am J -mann, Genera er The foregoing instrument was acknowledged before me this a7 day of November, 2012, by William J. Wiemann, General Partner of WJW Holdings, LLLP, Manager of WJW Holdings WY, LLC, a Wyoming limited liability company. Notary Public Professional Land Surveyors PAUL N. SCHERBEL Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT A. SCHERBEL Wyo. Registration No. 3889 Utah Registration No. 372111 Idaho Registration No. 8026 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR WJW HOLDINGS WY, LLC TRACT D To -wit: All of Tract D as depicted on the below referenced plat; ENCOMPASSING an area of 35.05 acres, more or less; The Base Bearing for this survey is the east line of the SE1 /4 of Section 9, T36N R119W, Lincoln County, Wyoming, being S00 04' -42 "W; TOGETHER with a right of ingress, egress and utilities over, under and across Kibbie Parkway, Granite Ridge Road and Driveway Easement D, as depicted on said plat; AND TOGETHER with a right of ingress and egress over and across the Twenty (20) foot Forest Access Easement, as depicted on said plat; AND SUBJECT to a right of ingress, egress and utilities over, under and across Caribou Forest Drive, as depicted on that plat of record in the Office of the Clerk of Lincoln County with Plat No. 102 -A, titled "ACCESS ROAD ALPINE RETREAT SUBDIVISION 1 AND 2 RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under, and across said Kibbie Parkway, Caribou Forest Drive, Granite Ridge Road, and the Ten (10) foot Access and Utility Easement and Driveway Easement C -2, as depicted on said plat, in order to provide a perpetual access and utility easement to whatever lands said Grantors may designate; that should the actual installed utilities be found to be in a different location than the easements shown on said plat, then the centerline of the actual installed utility will automatically become the centerline of a twenty (20) foot utility easement; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "GRANITE RIDGE PHASE I PLAT OF TRACTS WITHIN GLO LOT 2 GLO LOT 3 GL• W1/4NE1/4 SE' /4 SECTION 9 T36N R119W LINCOLN -n COUNTY, WY c1/4vF' ovember 2012, as revised. 4- 11s 0 20 November 0033 "Modification in any way of the foregoing description terminates liability of the surveyor"