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HomeMy WebLinkAbout96902210; STATE OF WYOMING SS. COUNTY OF LINCOLN Dated this 11 day of January, 2013. Witness my hand and official seal. STATEMENT OF LIEN I, F. Michael Kibbie, Vice President for Shadow Dancer Owner Association, Inc., a Wyoming Corporation, being first duly sworn, hereby state as follow: 1. Shadow Dancer Owner Association, Inc., is located at 1195 Trail Ridge Road, (South of Alpine), P.O. Box 3207, Alpine, WY 83128 and is the entity hereby seeking enforcement of this Lien against Lot 6 Shadow Dancer Subdivision. 2. That under the provisions of the Declaration of Covenants, Conditions and Restrictions of Shadow Dancer Estates and Shadow Dancer Owners Association "The Declaration) recorded by the Lincoln County Clerk August 11, 2004, OneWest Bank, N Z Y FSB, owes to Shadow Dancer Owner Association, the amount of Three Thousand five CD 0 0 Y Hundred dollars and no cents $3,500.00 for scheduled repair of subdivision damages. d w 3. That the last known address of OneWest Bank, FSB is at 888 East Walnut Street, J Pasadena, CA 91101. Z U 4. That said debt is owned because of OneWest Bank, FSB obligation under Article IV Q z Covenant for Maintenance Assessments (1.) Creation of the lien and Personal w Obligation of Assessments obligation under the Declaration of Covenants, Conditions co CI O and Restrictions of the Shadow Dancer Owners Association; under (2.) Purpose of U Assessment: The assessments levied by the Association shall be used exclusively to m promote the recreation, health, safety and welfare of the residents of the Property and U for the improvement and maintenance of the Common Areas, to include road, trail, water and open space maintenance. 5. That the name of the person(s) against whom this lien is claimed is OneWest Bank FSB. 6. That this Lien is for the Association Maintenance repairs owing to Shadow Dancer Owners Association for the year of 2013. 7. That the legal description of the property benefited by the services of Shadow Dancer Owners Association is Plat #173C, Lot #6, filed Lincoln County, Wyoming. 8. That a copy of the instrument creating the obligation has been filed with the Lincoln County Recorder Book 564. PR Page 488, 901863, 489 to 503. SUBSCRIBED AND SWORN TO, AND ACKNOWLEDGED before me by F. Michael Kibbie, Vice President, who acknowledged further that he is the Vice President of Shadow Dancer Owners Association, and that he signed the foregoing STATEMENT OF LIEN for and on behalf of Shadow Dancer Owner Association, pursuant to the authority given to him by said Corporations' Board of Directors, this 11 day of January, 2013. My Commission expires: or1' (,q �Ic� F, Michael Kibbie, Vice President Shadow Dancer Owner Association ,rte No ary Public o 4 °"v� 0 Tel Ei to (411444 s tr E 7 L 10 0 �Illl l illIA 00610 January 9, 2013 To: West One Bank, 888 East Walnut Street Pasadena, CA 91101 Sir, 5ha4ow P� ncer Estates OWNERS ASSOCIATION P.O. Box 3207 Alpine, WY 83128 http://shadowdancerestateshoa.com./. Reference: Lot 6 Shadow Dancer Estates Subdivision Damage to Subdivision Shadow Dancer Estates Owner Association has attempted for several years to get Melanie Simon/Kyle Clancy (owners) and or Pete Welker (builder) to repair damage they caused to the Subdivision's Dancer Circle. During construction, Welker removed substantial fill material from the circle turnaround to revise the entry into Lot 6. In addition, during the process of revising the entry driveway, they removed, buried, and or destroyed the two water shutoff valves and stem pipes to the surface. We also need to locate the property comer for Lot 6 7 (along Dancer Circle) that is covered or destroyed. One West Bank has replaced Melanie Simon Kyle Clancy as owners of said lot 6. These two or three items must be repaired by whoever currently owns the property to bring them back into compliance with the initial installation. Without the ability to shut the water off underground exposes the owner to a potential freeze and break of water system in the house which would allow the pressurized system to pump water continuously into through the break, thus affecting the Association. Likewise, because the builder removed a portion of the turnaround, it has placed the Subdivision in violation 00 1 of the required 90' turning radius required for fire trucks which affects the Association Common Area. So, the Subdivisions Owner Association wants either the owner to repair the damage or the Association will proceed at first thaw to repair the damage and bill the owner for same as provided for in our DCCR's. The Association has received a fix price bid to complete the work. The cost to haul fill to the Dancer circle and locate the water shut off lines for lot 6 7 and repair them would be $3,500.00. If the survey corner can not be located with our metal locator then it will also cost the Association an additional $600.00 to have Schebel locate /replace. Sincerely yours Shadow Dancer Estates Owner Association F. Michael Kibbie Vice President, SDEOA File: Lot 6 Reade Genzlinger 006 IL 6