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HomeMy WebLinkAbout972232SPECIAL WARRANTY DEED This Deed, made with /play of July, 2013, between WJW Holdings WY, LLC, a Wyoming limited liability company party of the first part of Lincoln County, Wyoming, and Dave E. Hermel and Darcy R. Hermel, husband and wife party of the second part, whose current address is 100 Oak Terrace Ct. North Mankato, MN 56003 WITNESSETH: That the said part of the first part, for and in consideration of the sum of Teri 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 hefts 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 C Adjusted (2) dated 9 July, 2013. 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 and regulations. Grantor /Developer has the right to install water, electrical and /or phone in the most appropriate manner to serve the development. Current owners will not unnecessarily withhold their 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, summer of 2013 at Grantor/ Developers expense, until road way is established. SUBJECT to all covenants, restrictions, reservations, easements, conditions and rights appearing of record. Grantor shall and will specially warrant that the title to the afores= �..roperty is free from defects or encumbrances created or suffered by Grantor and will forever defe the property conveyed by the within deed, and every part thereof, against every person lawfully ing the same, or any part thereof, by, through, or under Grantor, and no other. RECEIVED 7/26/2013 at 10:10 AM RECEIVING 972232 BOOK: 816 PAGE: 505 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY a North Dakota limited liabi WJW Holdings LLC by WJW Holdin. LLLP, ited partnership, nager William J. Wiemann, Gener Partner 0505 STATE OF WYOMING )ss: COUNTY OF LINCOLN The foregoing instrument was acknowledged before me this /7 day of July, 2013, by William J. Wiemann, General Partner of WJW Holdings, LLLP, a North Dakota limited liability limited partnership, Manager of WJW Holdings WY, LLC, a Wyoming limited liability company. WITNESS my hand and official seal. My Commission Expires: I-2Z -2017 1)tx LAYNA J. HADERLIE NOTARY PUBLIC County of ,s' State of Lincoln Wyoming My Commission Expires: January 22, 2017 Notary Public 0506 Professional Land Surveyors PAUL N SCHERBEL Wyo. Registration No. 16•: Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 SCOTT A. SCHER6EL Wyo. Registration No. 3889 Utan Registration No. 372111 Idaho Registration No 8026 1.1455.0300 A SCHERBEI. Wyo Registration No. 5368 KARL F. SCHERBEL Wyo. Registration No. 11810 Idaho Registration No. 13493 CFEDS No. 1223 Surveyor Scherbol, LTD Afton. Wyonuny Sig Piney, Wyoming Jackson. Wyoming Lava Hut Springs. Idaho Montpelier. Idaho DESCRIPTION FOR WJW HOLDINGS WY, LLC TRACT C ADJUSTED (2) To -wit: All of Tract C Adjusted (2) as depicted on the below referenced plat; ENCOMPASSING an area of 36.22 acres, more or less; The Base Bearing for this survey is the east line of the SE%4 of Section 9, T36N RI 19W, 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, Driveway Easement C -1, Driveway Easement C -2, the Twenty (20) foot Utility Easement 1, the Twenty (20) foot Utility Easement 2 and the Twenty (20) foot Utility Easement 3, all as depicted on said plat; AND TOGETHER with a right of ingress and egress over and across the Twenty (20) foot Forest Access Easement and Common Area Easement, as depicted on said plat; SUBJECT to a right of ingress, egress and utilities over, under and across the Twenty (20) foot Utility Easement 1 and Twenty (20) foot Utility Easement 3; AND RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under, and across the Twenty (20) foot Utility Easement 1 and Twenty (20) foot Utility Easement 3, 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 within said Twenty (20) foot Utility Easements as shown on said plat, then the centerline of the actual installed utility will automatically become the centerline of the twenty (20) foot utility easements; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under, and across said Kibbie Parkway, Driveway Easement C -1, Driveway Easement C -2, Granite Ridge Road, Common Area Easement, Twenty (20) foot Forest Access Easement, as depicted on said plat, in order to provide a perpetual access and utility easements appurtenant to adjoining lands of said Grantors and to whatever lands said Grantors may designate; AND RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress, egress and utilities over, under and across the cul -dc -sac to be constructed on Kibbie Parkway, as depicted on that plat titled "FINAL PLAT GRANITE RIDGE PHASE II to be recorded in the Office of the Clerk of Lincoln County, Wyoming, said cul -de -sac to be appurtenant to owners of lots within said Phase II; all in accordance with the plat of record in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT FOR WJW HOLDINGS WY, LLC WITHIN GLO LOT 2 GLQ-LO 3 GLO LOT 4 SNAP/NEVI SE %4 SECTION 9 T36N R119W LINCOLN C 4 i ING dated 15 April 2013, as revised, with Accession No. 970561. "Modification in any way of the foregoing description terminates liability of the surveyor" 05