Loading...
HomeMy WebLinkAbout975011975011 1/21/2014 2:03 PM LINCOLN COUNTY FEES: $102.00 PAGE 1 OF 31 BOOK: 827 PAGE: 62 EASEMENT JEANNE WAGNER, LINCOLN COUNTY CLERK 111111111111111111E11 11 IIIIIIIIIIIIIIIIIIII IIII!IIIIIIIII1IIIIII KIBBIE PARKWAY EASEMENT AGREEMENT THIS KIBBIE PARKWAY EASEMENT AGREEMENT effective this 16th day of January, 2014, by and between WJW HOLDINGS WY, LLC, a Wyoming limited liability company, P.O. Box 3309, Alpine, Wyoming 83128, hereafter, "WJW MICHAEL G. DUSSELIER and LISA DUSSELIER, husband and wife, P.O. Box 480075, Kansas City, Missouri 64148, hereafter, "Dusseliers DAVE E. HERMEL and DARCY R. HERMEL, husband and wife, 100 Oak Terrace Court, North Mankato, Minnesota 56003, hereafter "Hermels and DAVID G. WOOD and SUZETTE WOOD, husband and wife, 280 Shoshone, Rexburg, Idaho 83440, hereafter "Woods GRANTORS, and WJW, DUSSELIERS, HERMELS, WOODS, HI LINE EQUIPMENT COMPANY, LLC, a Utah limited liability company, (which previously was HI -LINE EQUIPMENT COMPANY, a Utah Partnership), 1111 South 3200 West, Salt Lake City, Utah 84104, hereafter, "Hi Line and KING CREEK RANCH, LLC, a Utah limited liability company, 5600 South Holladay Boulevard, Salt Lake City, Utah 84121, hereafter, "King Creek Ranch GRANTEES. WHEREAS, WJW owns a portion of the property in Lincoln County, Wyoming that is described in the Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on September 28, 2012 in Book 795 at Pages 134 through 137 as Receiving No. 967123, a copy of which is attached hereto, hereafter the "WJW Tract and WHEREAS, Dusseliers own property in Lincoln County, Wyoming that is described in the Special Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on April 29, 2013 in Book 810 at Pages 249 and 250 as Receiving No. 970718, a copy of which is attached hereto, hereafter the "Dusseliers Tract and WHEREAS, Hermels own property in Lincoln County, Wyoming that is described in the Special Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on July 26, 2013 in Book 816 at Pages 505 through 507 as Receiving No. 972232, a copy of which is attached hereto, hereafter the "Hermels Tract and WHEREAS, Woods own property in Lincoln County, Wyoming that is described in the Corrective Warranty Deed that was recorded in the land records of Lincoln County, Wyoming on May 28, 2013 in Book 812 at Pages 458 through 461 as Receiving No. 971197, a copy of which is attached hereto, hereafter the "Woods Tract and KIBBIE PARKWAY EASEMENT AGREEMENT WJW HOLDINGS WY, LLC ET AL. HI LINE EQUIPMENT COMPANY, LLC, ET AL. PAGE 1 OF 9 WHEREAS, Hi Line holds a leasehold interest in State of Wyoming lands, said land described in that Lease dated March 1, 2010, a copy of which is attached hereto, hereafter, the "Hi Line Tract and WHEREAS, King Creek Ranch owns land in Bonneville County, Idaho that is described in a Quitclaim Deed that was recorded in the land records of Bonneville County, Idaho on April 30, 2004 as Instrument No. 1150651, a copy of which is attached hereto, hereafter the "King Creek Ranch Tract and WHEREAS, Grantors have agreed to convey to Grantees an easement on their properties for ingress, egress, and underground utilities. NOW, THEREFORE, Grantors and Grantees hereby agree as follows: 1. EASEMENT ESTABLISHED. Grantors, for themselves and their heirs and or successors and assigns, hereby grant and convey a perpetual non exclusive easement for ingress, egress, and underground utilities over that portion of their properties described in the "DESCRIPTION FOR WJW HOLDINGS WY, LLC KIBBIE PARKWAY" dated 12 February 2013 which is attached here to. Grantors reserve unto themselves the right to the use of said easement and the right to grant other easements not inconsistent with this easement. 2. CONSIDERATION. For and in consideration of Ten Dollars ($10.00), the mutual promises and agreements of the parties hereto, and other valuable consideration, in hand paid, the receipt of which is hereby acknowledged, Grantors and Grantees state and declare that consideration has been provided to each of them for this Agreement. 3. EASEMENT COVENANTS. Grantors and Grantees, for themselves and their heirs and or successors and assigns, hereby agree: a. That except for temporary obstructions required for the purposes of maintaining and improving the easement, and installing and maintaining, repairing, and replacing underground utilities therein, the easement shall not be obstructed in any manner that would impede free ingress and egress of the parties hereto, or of any other person or persons with right of ingress and egress in the easement. Easement maintenance and improvement, and utility installation, maintenance, repair, and replacement shall be done in a manner that minimizes any inconvenience to all who are authorized to use the easement for ingress and egress. b. That the easement shall be used by the parties hereto for private and commercial ingress and egress, but such use shall not occur in such manner that the use interferes with any party's or any other persons rights to use of the easement. c. That any improvements made within the easement and maintenance of the easement shall be at the sole expense of the party making the improvements unless otherwise agreed to in writing. KIBBIE PARKWAY EASEMENT AGREEMENT WJW HOLDINGS WY, LLC ET AL. HI LINE EQUIPMENT COMPANY, LLC, ET AL. PAGE 2 OF 9 d. That each party hereto agrees to indemnify and hold harmless the other parties from any and all liability for personal injury or property damage that results from, arises out of, or may be attributed to any use of the easement unless such injury or damage is intentionally caused. 4. EASEMENT TO RUN WITH THE LAND. The easement created herein shall run with the lands identified herein as to the WJW Tract, the Dusseliers Tract; the Hermels Tract; the Woods Tract, and the King Creek Ranch Tract, and for those parcels, shall be binding on and shall inure to the benefit of the parties to this Agreement, and their respective heirs and /or successors or assigns. The easement created herein shall benefit the Hi Line Tract only so long as Hi Line holds a lease on property owned by the State of Wyoming, but when Hi Line no longer holds such a lease of State of Wyoming lands, this easement shall be deemed null and void as to that State of Wyoming parcel. 5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding except to the extent incorporated in this Agreement. 6. MODIFICATION OF AGREEMENT. Any modification of this Agreement shall be binding only if evidenced by agreement in writing signed by the parties hereto or their successors or assigns. 7. WAIVERS. The failure of any party to this Agreement to enforce the performance of the terms and conditions set forth herein, or a waiver of a breach of any of the terms and conditions set forth herein, shall not be construed as a continuing waiver of such failure or breach, and the terms and conditions shall remain in full force and effect as if no such forbearance or waiver had occurred. IN WITNESS WHEREOF, each party has signed this Agreement. [Separate signature pages follow.] KIBBIE PARKWAY EASEMENT AGREEMENT WJW HOLDINGS WY, LLC ET AL. HI LINE EQUIPMENT COMPANY, LLC, ET AL. PAGE 3 OF 9 BY: MANAGER STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the t c day of December, 2013 by WILLIAM J. WIEMANN, acting as Manager of WJW HOLDINGS WY, LLC, a Wyoming limited liability company, pursuant to authority provided to him by the Company's Members. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of r° i; State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: 61 N\ *ming limited liability c HOLDINGS WY, )&.\IW1k. WILLIA WIE `V NNE 16 1.0 LC, mpany KIBBIE PARKWAY EASEMENT AGREEMENT WJW HOLDINGS WY, LLC ET AL. HI LINE EQUIPMENT COMPANY, LLC, ET AL. PAGE 4 OF 9 DUSSELIERS: MICHAE G. DUSSELIE LISA DUS ELIER STATE OF vie/P; I/ SS. COUNTY OF Li h,to1 h 207L/ ACKNOWLEDGED before me on this, the /G I" day of D ew er�A�31y MICHAEL G. DUSSELIER and LISA DUSSELIER. WIT.NE,Sy .hand _and official seal. My Commission expires: V eA4 NOTARY PUBLIC KIBBIE PARKWAY EASEMENT AGREEMENT WJW HOLDINGS WY, LLC ET AL. HI LINE EQUIPMENT COMPANY, LLC, ET AL. PAGE 5 OF 9 HERMELS: DAVE E. HERMEL STATE OF SS. COUNTY OF 13 L L. r1- 67 7 7x.. ACKNOWLEDGED before me on this, the I 'day of December, 2013 by DAVE E. HERMEL and DARCY R. HERMEL. WITNESS my hand and official seal. My Commission expires: NOTARY PUBLIC KIBBIE PARKWAY EASEMENT AGREEMENT WJW HOLDINGS WY, LLC ET AL. HI LINE EQUIPMENT COMPANY, LLC, ET AL. PAGE 6 OF 9 'WOOD-S v sD G. WOOD STATE OF WeL/ _`UNTV OF WITNESS my hand and official seal. My Commission expires: 1SS. ACKNOWLEDGED before me on this. the 1 day of Bed rtsi i, by DAVID G. WOOD and SUZETTE WOOD. &tanip 2o1 DANA MCQUIVEY NOTARY PUBLIC STATE of UTAH COMMISSION N0.583255 v ii5„; COMM. EXP.07 -01 -2014 KIBBIE PARKWAY EASEMENT AGREEMENT WJW HOLDINGS WY, LLC ET AL. HI LINE EQUIPMENT COMPANY, LLC, ET AL. PAGE 7 OF 9 HI LINE: BY: MANAGER STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the day of December, 2013 by F. MICHAEL KIBBIE, acting as Manager of HI LINE EQUIPMENT COMPANY, LLC, a Utah limited liability company (which previously was HI LINE EQUIPMENT COMPANY, a Utah Partnership), pursuant to authority provided to him by the Company's Members. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of 'i; State f Lincoln My Commission Expires: July 16, 2015 My Commission expires: of HI LINE EQUIPMENT COMPANY, LLC, a Utah limited liability company MICHAEL BBIE KIBBIE PARKWAY EASEMENT AGREEMENT WJW HOLDINGS WY, LLC ET AL. HI LINE EQUIPMENT COMPANY, LLC, ET AL. PAGE 8 OF 9 KING CREEK RANCH: BY: WITNESS my hand and official seal. KING CREEK RANCH, LLC, a Utah limited liability company t (2 BYRb B. BARKLEY MAN R STATE OF WYOMING SS. COUNTY OF LINCOLN ACKNOWLEDGED before me on this, the 7 day of December, 2013 by BYRON B. BARKLEY, acting as Manager of KING CREEK RANCH, LLC, a Utah limited liability company), pursuant to authority provided to him by the Company's Members. My Commission expires: 4/ .?!J /S' NOTARY PUBLIC CORA POyEL NOTARY PUBLIC STATE OF UTAH My Comm. Exp. 1 1/16/2015 C ommission 649819 KIBBIE PARKWAY EASEMENT AGREEMENT W.IW HOLDINGS WY, LLC ET AL. 1 HI LINE EQUIPMENT COMPANY, LLC, ET AL. PAGE 9 OF 9 File Number: 63666 WHEN RECORDED RETURN TO: Name: W J W H old n c s l•J y I LLC Address: 3 5 (34)( 3305 l�lP�ne WY g31aFt WARRANTY DEED BANK OF JACKSON HOLE, a Wyoming Corporation GRANTOR(S) of County, State of, CONVEY(S) AND WARRANT(S) to WJW HOLDINGS WY, LLC, GRANTEE(S) for the sum of Ten Dollars and other good and valuable consideration, the following described real estate, situate in Lincoln County, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State, to -wit: See "Exhibit A" attached hereto Subject to reservations and restrictions contained in the United States Patent and to easements and rights -of -way of record or in use. Together with all improvements and appurtenances thereon. IN WITNESS WHEREOF, the hand of said grantor(s) this /p day of a0 J By STATE OF \..1yuminJ COUNTY OF L ^r of On this 3 o day of 6e9tembe: a<7k before me personally appeared Pet e K Lciw l C. E O of the signer(s) of the within instrument, who duly acknowledged to me that he/she /they executed the same on behalf of said limited liability company. WITNESS MY HAND AND OFFICIAL SEAL Notary Public: My commission expires I c7 a 7 au 15 File Number 63666 Land Title Company Warranty Deed LLC Page 1 of 4 0013 RECEIVED 9/28/2 at 3:03 PM RECEIVING 9671 BOOK: 795 PAGE: 134 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Sep +ember VICKIE MUNSON ft Notary Public Teton County, Wyoming My Commission Expires Dec. 27, 2015 PARCEL 1: The tract of land in Lots 2, 3, 4, the Southwest Quarter of the Northeast Quarter (SW '/n NE 'A), and the Southeast Quarter (SE /a) of Section 9, Township 36 North, Range 119 West, 6 P.M., Lincoln County, Wyoming, described in the Warranty Deed recorded in Book 184 PR, Page 538, in the Office of the Clerk of Lincoln County, Wyoming, and redescribed as follows, based on a 1991 field survey: BEGINNING at a 2" diameter iron pipe with brass cap marking the Southwest corner of said Section 9; Thence North 00 °43'57" West, 2,951.08 feet along the Wyoming -Idaho State line to an 2" diameter aluminum pipe with cap marking an Idaho closing comer; Thence continuing along said State line North 00 °46'57" East, 139.28 feet to a point; Thence North 83 °30'00" East, 344.92 feet along the South line of Lot 15, Alpine Retreat Subdivision No. 1 (recorded as Plat No. 102 in said Clerk's Office) to a point marking the Southeast corner of said Lot 15; Thence Southeasterly, 492.36 feet, along the right -of -way line of Alpine Meadow Loop, coincident with the Southwesterly line of said Alpine Retreat Subdivision No. 1, following a curve, concave to the Northeast, having a Radius of 260.00 feet, and subtended by a Chord of South 60 °45'00" East, 422.02 feet, to a point of reverse curve; Thence continuing along the South right -of -way line of said Alpine Meadow Loop, coincident with a Southerly line of the Amended Alpine Retreat Subdivision No. 2 (recorded as plat No. 104 in said Clerk's Office), Easterly, 225.61 feet, following a curve, concave to the South, having a Radius of 349.37 feet, and subtended by a Chord of North 83 °30'00" East, 221.71 feet to a point; Thence continuing along said right of -way line and Southerly subdivision line, South 78 °00'00" East, 8.40 feet to a point of curvature; Thence continuing along said right -of -way line and subdivision line, Southeasterly, 34.86 feet, following a curve concave to the Southwest, having a Radius of 25.00 feet and subtended by a Chord of South 38 °03'07" East, 32.10 feet to a point of reverse curve in the West right -of -way line of Forest Drive; Thence along the West right -of -way line of said Forest Drive, coincident with the West line of said Alpine Retreat Subdivision No. 2, Southerly, 88.02 feet, following a curve concave to the East having a Radius of 260.00 feet and being subtended by a Chord of South 07 °48'07" East, 87.60 feet; Thence continuing along said right -of -way line and subdivision line, South 17 °30'00" East, 753.17 feet to a point; Thence North 72 °30'00" East, 50.00 feet along the Southern right -of -way line of said Forest Drive, coincident with a Southerly boundary of said Alpine Retreat Subdivision No. 2, to a point; Thence North 17 °30'00" West, 78.16 feet along the East right -of -way line of said Forest Drive, coincident with an Easterly boundary of said Alpine Retreat Subdivision No. 2, to a point marking the Southwest corner of Lot 14 of said Alpine Retreat Subdivision No. 2; Thence North 73 °30'00" East, 290.06 feet to a point marking the comer between lots 14 and 28 of said subdivision; Thence North 75°10'17" East, 285.58 feet to a point marking the Southeast corner of said Lot 28; Thence South 00'03'04" East, 965.08 feet to a point; Thence South 89 °30'53" East, 734.96 feet to an intersection with the West line of the parcel excluded from said Warranty Deed recorded in Book 184 PR, Page 538; Thence South 01 °30'01" East, 124.45 feet along the West line of said excluded parcel to the point of curvature; Thence continuing along said West line, Southerly, 63.63 feet along a curve concave to the West having a Radius of 810.00 feet and being subtended by a Chord of South 00 °45'00" West, 63.61 feet to a point from which the East Quarter (E corner of said Section 9 is 1,470.62 feet North and 836.61 feet East; Thence South 85 °30'01" East, 250.98 feet along the South line of said excluded parcel; Thence North 25 °55'51" East, 227.64 feet along the East line of said excluded parcel; Thence South 89 °30'53" East, 306.72 feet to a point approximately 50 feet East of the Eat bank of the Salt River; Thence parallel with, and 40 feet East of the meander of the East Bank of the Salt River, secondarily described by the following eight (8) courses: South 26°05'19" West, 385.84 feet; Thence South 18 °47'55" West, 98.23 feet; Thence South 37 °19'46" West, 255.65 feet; Thence South 28 °07'34" West, 192.54 feet; Thence South 64 °50'10" West, 124.60 feet; Thence South 27 °07'34" West, 152.40 feet; Thence South 16 °08'22" East, 292.14 feet; Thence South 55 °59'02" West, 165.09 feet to a point on the South line of said Section 9; Thence South 89 °46'38" West, 1,780.01 feet along said South line to an iron pipe with brass cap marking the South Quarter (S comer of said Section 9; Thence continuing along the South line of said Section 0 South 89 °44'49" West, the base bearing for this description, 669 -79 feet to the Point Of Beginning. LESS AND EXCEPTING A PORTION OF THE ABOVE DESCRIBED PARCEL which is now known as Lot 3 of FOREST RIVER RESERVE SUBDIVISION PHASE I, Lincoln County, Wyoming, as shown on the official plat thereof filed December 3, 2008, as Receiving No. 943952, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 943952. PARCEL 2: A part of Section 9, Township 36 North, Range 119 West, 6 Principal Meridian, Wyoming; BEGINNING at a point on the West right -of -way line of Kibbie Parkway which point lies South 1,275.69 feet and West 889.03 feet from the East Quarter (E'' /4) corner of said Section 9, and running thence West 415.88 feet to a point on a curve on Lot 38; Thence along said curve Northerly and to the Left on a Radius of 225.00 feet a distance of 196.49 feet; Thence North 51 °00'00" East, 246.97 feet; Thence South 39 °00'00" East, 74.23 feet; Thence along a 225 foot Radius curve to the Eastward and to the Left a distance of 194.39 feet; Thence South 89 °30'00" East, 15 feet; Thence Southward on a 25 foot Radius curve to the right a distance of 39.27 feet; Thence South 01 °30'00" West, 176.89 feet to the Point Of Beginning. PARCEL 3: A Sixty (60) foot right -of -way (Kibbie Parkway) being located Thirty (30) feet each side of the following described Centerline: BEGINNING at a point (Radial bearing South 18 °30'00" East) on the West File Number: 63666 Land Title Company Warranty Deed LLC Page 2 of 4 EXHIBIT "A" 001.3 00136 end of the Salt River Bridge, which lies South 295.73 feet and West 844.51 feet from the East Quarter (E 'A) corner of Section 9, Township 36 North, Range 119 West, Sixth P.M., Wyoming and running thence Southwesterly along a 180.00 foot Radius curve to the Left 304.73 feet to a point of tangency; Thence South 25 °30'00" East, 175.00 feet to a point of curve; Thence Southeasterly along a 280.00 foot Radius curve to the Right 131.95 feet to a point of tangency; Thence South 01°30'00" West, 446.89 feet to the End of the Sixty foot right -of -way. PARCEL 4: ALSO a Fifty (50) foot right -of -way (Caribou Forest Drive) being located Twenty -Five (25) feet each side of the following described Centerline: BEGINNING at a point (the intersection of Kibbie Parkway and Caribou Forest Drive) which lies South 1,049.67 feet and West 853.10 feet from the East Quarter (E 'A) corner of Section 9, Township 36 North, Range 119 West, 6 P.M., Wyoming and running thence North 88 °30'00" West, 70.00 feet to a point of curve; Thence Northwesterly along a 200.00 foot Radius curve to the Right 172.79 feet to a point of tangency; Thence North 39 °00'00" West, 74.23 feet to the End of the Fifty (50) foot right -of -way. PARCEL 5: BEGINNING at the Southeast (SE) corner of Lot 28 of Alpine Retreat Subdivision No. 2 a part of the East Half of the Southeast Quarter (E 'A SE' 'A) of Section 9, Township 36 North, Range 119 West, Sixth Principal Meridian, Wyoming and running thence Northwesterly along a 645 foot Radius curve to the Right a distance of 31.84 feet; Thence North 78 °00'00" East, 50 feet; Thence North 12 °00'00" West, 80 feet; Thence North 78 °00'00" East, 240 feet; Thence South 12 °00'00" East, 80 feet; Thence South 23 °24'00 "f East, 250 feet; Thence North 87 °30'00" East, 203.27 feet; Thence Northeasterly along a 210 foot Radius curve to the Right 97.67 feet, along a 60 foot road right -of -way line; Thence North 54 °44'41" West, 210.62 feet; Thence North 37 °27'00" East, 186 feet; Thence South 52 °33'00" East, 195 feet; Thence South 07 °00'00" East, 73.28 feet to a 60 foot wide access road right -of -way line; Thence East along the North right -of -way line of an existing county road 140 feet, more or less, to a point 50 feet East of the East bank of the Salt River; Thence Southerly, 1320 feet, more or less, along a line parallel to and 50 feet East from the East bank meander line of said river; Thence West, 1320 feet, more or less; Thence North, 970 feet, more or less, to the Point Of Beginning. LESS AND EXCEPTING the following described property: BEGINNING at a point which lies West 995.02 feet and South 438.00 feet, more or less, from the East Quarter (E 14) corner of Section 9, Township 36 North, Range 119 West, Sixth Principal Meridian, Wyoming, said point being on the West right -of -way of Kibbie Parlcway, and running thence Southerly along a 210.00 foot Radius curve to the Left a distance of 125.01 feet; Thence South 25 °30'00" East, 96.42 feet; Thence West, 262.68 feet; Thence North, 200.00 feet; Thence North 87 °30'00" East, 203.27 feet, to the Point Of Beginning. ALSO LESS AND EXCEPTING the following described property: A part of Section 9, Township 36 North, Range 119 West, 8 Principal Meridian, Wyoming; BEGINNING at a point on the West right -of -way line of Kibbie Parkway which point lies South 1,275.69 feet and West 889.03 feet from the East Quarter (E corner of said Section 9, and running thence West 415.88 feet to a point on a curve on Lot 38; Thence along said curve Northerly and to the Left on a Radius of 225.00 feet a distance of 196.49 feet; Thence North 51 °00'00" East, 246.97 feet; Thence South 39 °00'00" East, 74.23 feet; Thence along a 225 foot Radius curve to the Eastward and to the Left a distance of 194.39 feet; Thence South 89 °30'00" East, 15 feet; Thence Southward on a 25 foot Radius curve to the right a distance of 39.27 feet; Thence South 01 °30'00" West, 176.89 feet to the Point Of Beginning. ALSO LESS AND EXCEPTING the following described property: A Sixty (60) foot right -of -way (Kibbie Parkway) being located Thirty (30) feet each side of the following described Centerline: BEGINNING at a point (Radial bearing South 18 °30'00" East) on the West end of the Salt River Bridge, which lies South 295.73 feet and West 844.51 feet from the East Quarter (E' 'A) corner of Section 9, Township 36 North, Range 119 West, Sixth P.M., Wyoming and running thence Southwesterly along a 180.00 foot Radius curve to the Left 304.73 feet to a point of tangency; Thence South 25 °30'00" East, 175.00 feet to a point of curve; Thence Southeasterly along a 280.00 foot Radius curve to the Right 131.95 feet to a point of tangency; Thence South 01 °30'00" West, 446.89 feet to the End of the Sixty foot right -of -way. ALSO LESS AND EXCEPTING the following described property: ALSO a Fifty (50) foot right -of -way (Caribou Forest Drive) being located Twenty -Five (25) feet each side of the following described Centerline: BEGINNING at a point (the intersection of Kibbie Parkway and Caribou Forest Drive) which lies South 1,049.67 feet and West 853.10 feet from the East Quarter (E 'A) corner of Section 9, Township 36 North, Range 119 West, 6 P.M., Wyoming and running thence North 88 °30'00" West, 70.00 feet to a point of curve; Thence Northwesterly along a 200.00 foot Radius curve to the Right 172.79 feet to a point of tangency; Thence North 39 °00'00" West, 74.23 feet to the End of the Fifty (50) foot right -of -way. LESS AND EXCEPTING PORTIONS OF THE ABOVE DESCRIBED PARCEL which are now known as Lots 1 and 2 of FOREST RIVER RESERVE SUBDIVISION PHASE I, Lincoln County, Wyoming, as shown File Number: 63666 Land Title Company Warranty Deed LLC Page 3 of 4 0013' on the official plat thereof filed December 3, 2008, as Receiving No. 943952, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 943952. LESS AND EXCEPTING A PORTION OF THE ABOVE DESCRIBED PARCEL which is now known as Lot 4 of FOREST RIVER RESERVE 2 FILING, Lincoln County, Wyoming, as shown on the official plat thereof filed November 20, 2009, as Receiving No. 950693, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 950693. ALSO LESS AND EXCEPTING Lot 1 of FOREST RIVER RESERVE SUBDIVISION PHASE I, Lincoln County, Wyoming, as shown on the official plat thereof filed December 3, 2008, as Receiving No. 943952, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 943952. ALSO LESS AND EXCEPTING the property described in that certain Partial Release of Mortgage filed as Receiving No. 955377, in Book 753 PR, on Page 342, described as follows: That part of the Southeast Quarter of the Southeast Quarter (SE 1/4 SE '''A) of Section 9, Township 36 North, Range 119 West, Lincoln County, Wyoming, being part of that tract of record in the Office of the Clerk of Lincoln County in Book 474 of Photostatic Records on Page 624 and part of that tract of record in said Office in Book 558 of Photostatic Records on Page 408, described as follows: BEGINNING at a point on the Easterly right -of -way line of Kibbie Parkway, North 40 °49'05" West, 1,282.72 feet, from the Southeast comer of said Section 9, at the beginning of a non tangent circular curve to the Right, whose Radius bears North 84 °00'04" West; Thence Northeasterly, 63.62 feet, along the arc of said curve and along said right -of -way line, through a central angle of 4 °30'00 with a Radius of 810.00 feet, and a chord bearing North 03 °44'56" East, 63.60 feet; Thence North 01 °29'56" East, 195.00 feet, along said right -of -way line, to a point; Thence South 88 °30'04" East, 452.26 feet, to a position on the thread of the Salt River; Thence South 27°38'12" West, 315.68 feet, along said thread, to a position; Thence North 84 °00'05" West, 316.67 feet, to the Point Of Beginning. The Base Bearing for this survey is the East line of the SE 1/4 of Section 9, Township 36 North, Range 119 West, being South 00 °04'42" West. TOGETHER WITH AND SUBJECT TO that right of ingress and egress of record in said Office in Book 189 of Photostatic Records on Page 599 and revised in Book 190 of Photostatic Records on Page 569; AND TOGETHER WITH that right of ingress and egress of record in said Office in Book 387 of Photostatic Records on Page 412; AND TOGETHER WITH that right of ingress and egress and utilities of record in said Office in Book 388 of Photostatic Records on Page 601; SUBJECT TO that easement of record in said Office in Book 110 of Photostatic Records on Page 653 PARCEL 6: Lots 2 and 3 of FOREST RIVER RESERVE SUBDIVISION PHASE I, Lincoln County, Wyoming, as shown on the official plat thereof filed December 3, 2008, as Receiving No. 943952, in the Office of the Clerk of Lincoln County, Wyoming, as Plat No. 943952. File Number: 63666 Land Title Company Warranty Deed LLC Page 4of4_ This Deed, made this day of 2013. between WJW Holdings WY LLC, a Wyoming limited liability company party of the first par and Michael G. Dusselier and Lisa Dusselier, husband and wife Party of the second part, whose address is P.O. Box 480075, Kansas City, MO 64148 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 A Adjusted (3) dated 22 April, 2013. TOGETHER with the rights of ingress, egress and utilities contained on attached exhibit. RESERVING UNTO GRANTOR the easements contained on attached exhibit. RESERVING UNTO GRANTOR any and all oil, gas and mineral rights associated with the land. Subject to the following covenants: r 'A Z m z om� m m Annual homeowners association dues start out at 51000.00 per year. If this tract is divided each divided tract will 0 ce o continue to have an assessment of 51000.00 per year. Z fn Z ,p The assessments cover road maintenance, river property easement used by mountain top tracts this is the road going N up hill gravel based, any maintenance shared by paved river road, Kibbie Parkway in the future. It also covers well G) agreement, maintenance, any items shared by bact owners of mountain lots, the owner of each tract gets one vote, or 0 t'n O if tract is divided then each tract would get a vote, as long as dues are paid current. r o v W 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. +n snow removal, residents, or tract of owners cu t n change any covenant upon mutual decision of members. tl •se needing r r n A co v 4 Each original tract owner will be a member of the board, each owner may will be limited to one even rap of their tit property, one time, and must follow any current county rules and regulations. S. C Grantor /Developer has the right to install water, electrical and/or phone in the most appropriate manner t• serve the development. Current owners will not unnecessarily withhold their approval when presented with an ease ent of 3 approval once the survey when completed. A Grantor/Developer agrees to maintains the gravel road up hill the first year, summer of 2013 at Grantor/ De elopers 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 aforesaid props is free from defects or encumbran es created or suffered by Grantor and will forever defend the property conveye by the within deed, and every pa thereof, against every person lawfully claiming the same, or any part thereof, by, Ihro gh, or under Grantor, and no oth r. OFfICIALSEAL BEVERLY JOHNSON Notary Public 'toar of Arizona MARICOPA COUNTY My Comm. Expires May 17,2015 STATE OF ARIZONA )ss: COUNTY OF A43110-1)1 The foregoing instrument was acknowledged before me this 1%7 day of April, 2013, by William J. Wiemann, General Partner of WJW Holdings, LLLP, Manager of WJW Holdings WY, LLC, a Wyoming limited liability company. WITNESS my hand and official seal. SPECIAL WARRANTY DEED My Commission Expires: May 1 '7, 2.015 d I bility li ann, Ge WJW Holdings LLC by WJW Holdings, LLLP, a No Dakota limit ited .artnership, M. nager Willia Partner Notary Public 60249 1 Lad Surma, PAUL N. SCNE0BEL Wyo. Re9lWakn Na 134 Utah R109.0on No 1570 Idaho R9ghluhI No. 3990 Nevado Rudhodon No. NOS 04 .R A.S3 Wyo. Rp00ri.n No. HID WB Rea0■0500 Na 373111 Idaho R00e9alhan No.1036 LIMIOWEA SCI E11033 W09 Regeln0on 330 3134 KARL 9..304E90E1 Woo. Regl W oat0 9b. 11910 Mato Re9Bha430 No. 13491 CFEOS N9.1723 Sump/ SeMmeL LTD. 0I40.3ltanu9 839 09 .a°aLy9 3 n9 lMNC1 Who Moolpata Mahe DESCRIPTION FOR WJW HOLDINGS WY, LLC TRACT A ADJUSTED (3) To -wit: All of Tract A Adjusted (3) as depicted on the below referenced plat; ENCOMPASSING an area of 28.71 acres, more or less; The Base Bearing for this survey is the east line of the SEA 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, the Ten (10) foot Access and Utility Easement, the Twenty (20) foot Utility Easement No. 1 and the Twenty (20) foot Utility Easement No. 2, as depicted on said plat; AND TOGETHER with and SUBJECT to a right of ingress and egress over and across the Twenty (20) foot Forest Access Easement and Fifty (50) foot Access 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 I and Common Area 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 I AND 2"; 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, 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 he in a different location than within said Twenty (20) foot Utility Easement as shown on said plat, then the centerline of the actual installed utility will automatically become the centerline of the twenty (20) foot utility easement; 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, Common Area Easement, Twenty (20) foot Forest Access Easement, Ten (10) foot Access and Utility Easement, the Fifty (50) foot Access Easement and the Fifteen (15) foot Utility, Pedestrian and Equestrian 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; 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 GLO LOT 3 GLO LOT 4 SWA.NE% SE' /Y, SECTION 9 T36N RI I9W LINCOLN COUNTY WYOMING", dated 15 April 2013, as revised, with Accession No. 970561. 22 April "Modification in any way of the foregoing description terminates liability of the surveyor" 002 '50 SPECIAL WARRANTY DEED This Deed, made with d)&tJay 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 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, set 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 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. WJW Holdings LLC by WJW Holding LLLP, a North Dakota limited liabi i ited partnership, -nager RECEIVED 7/26/2013 at 10:10 AM RECEIVING 972232 William J. Wiemann, Gener artner BOOK: 816 PAGE: 505 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 0505 STATE OF WYOMING )ss: COUNTY OF LINCOLN The foregoing instrument was acknowledged before me this /7l' 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: 1- 22, thaLl LAYNA J. HADERLIE NOTARY PUBLIC County of State of Lincoln 1'r' a, Wyoming u,r My Commission Expires: January 22, 2017 Notary Public 0506 Plokssanallaml Surveyors Paul. N 5CHER861 Wyo. RogistroOoo No. 101 Utah RopiHrallon No, 1670 Wong Registration No. 3900 Nevada RtJ00010n No. 6003 SCOTT 0. SCHER6EL say*. Hegn3,fgn No. 3000 Shan Reg,306100 No. 372111 Mahe Rogahation No 0036 30960'WF.3 5CTIER0EI. Wyo 609.0 o6on No. 5360 K NT F. 5CHERBEl Wp, Ragdstration Nn. 11610 10000 Registration No. 13493 CFED5 No. 1223 Surveyor SchoAel, LTD Alton. Wykmng Sig Amy, Wyoming Jackson. Wyman UN Hot Soaps. Itlahn Mn,lpe6er. 1W110 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'h of Section 9, T36N RI I9W, 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 I, 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 -de -sac to be constructed on Kibbie Parkway, as depicted on that plat titled "FINAL PLAT GRANITE RIDGE PHASE I1 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_ 0 3 GLO LOT 4 SW%4NE %a SE %4 SECTION 9 T36N RI19W LINCOLN C sit-aW/ b 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 7 Approved by Grantees: RECEIVED 5l4 3:49 PM RECEIVING* wi197 BOOK: 812 PAGE: 458 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY CORRECTIVE SPECIAL WARRANTY DEED This iieen mace :his )7'1 day of kpn 2013. between WJW Holdings WY L._C, a '1lyoming limited liability company party of the first par, and David G. Wood and Suzette Wood, husband and wife Party of the second part. whose address is 280 Shoshone, Rexburg, 10 83440 WITNESSETh. Thai the saki part of the first part, for and in considorotion of the sum of Ten dollars (310 06) and olher good and valuable considerations to the said party of the first part acknowiedged. as granted, soid and conveyed, and by these presents does grant, bargain, sell and confirm unto the poly of the second pat. his heirs and assigns, forever, the following described real property situate in Lincoln County. Stale al Wyoming, to wit That part of Section 9, T36N R119W, Lincoln County, Wyoming described on the attached Exhibit prepared by Surveyor Scherbol, Ltd. titled, "Description for WJW Holdings WY, LLC Tract D Adjusted dated 12' Decernber 2012. TOGETHER with the rights of ingress and ogress contained on attached exhibit. RESERVING UNTO GRANTOR the easements contained on attached exhibit. Subject to the folo,vinc covenants: :ter :uai homeowners assucialicn dues star) out at 51000.00 pee yew. If tvis :last is aimed each o.vidcc rite: wi0 continue to have an assessment of 01000.06 per year The assessments cover road maintenance, river properly easement usou uy mountain top oasis Iius is mn; road going up hi0 gravel based, any na;nteaance shared by paved river road Ribble Pe;kway ri the future also covers well agreement, maintenance. any items shared by tract owners of mountain lots. the owner at each tract gels one vole, cr if tract is divided then each tract would get a vote. as long as does ale pa.0 current. Any tenon wit oe of Brood nature only. no metal fencing a :owed. Maximum: fencer; area is budding site ancior 10 acmes per tract of land Snow removal by residents. or tract owners, if a owner doe; cal build. snow will be covered only by those needing snow removal, future hoard of owners can change any covenant upon moult: l e: isinn of members fiacn anginal tract owner will he a member of the ware. each owner may will be limited lo one even spit! of Heir properly. ono Irma, and must follow any current county rotes and regulations. Grantor. /Developer has the right to install water. electrical aadloi phone in the most appropriate mannln to serve the dow:iopmeni Cur ent cwneis will not unnecessarily withhold their approval when piesented with an easement of approval *nee the survey when completed. GrantorlDeveeper agrees to maintains the gravel mad up )i) the first ye. summer el 2013 al Grantor/ Devetoye :s c..rense until read way is established SUBJEC1 :u ail covenants. restrictions. reservations, easements, Conditions and nghla appearing of 003(0 Grantor stta:i and mil specially warren) that the tale to the. aturesaid propci 5 is free from oeleds or ruuntbtances creator or suffered by Grantor and will forever defend the property conveyed by th„ :thin ^sac. c every part )hereof aaninsi every person lawia;)y rlainvrg :w same, or any pen thereof. by. limn. ri or undo: iianlut. end no other am J rr' Panne a North Dakota limit WJW Holdings WY, by WJW Holdings, LLL: bility limited partnership, Manage ;his serves to correct the description and revise Me easement contained therein in that certain Special Warranty Deed recorded November 29. 2012 in Book 799PR on page 329 of the records of the Lincoln County Clerk. STAT OF WYOMING )ss: COUNTY LINCOLN The •regoi William J. C, a Wyoming ESS my hard an W Th instrument as acknowledge. .efore me this 2°I ,4ay 013, b eman General Partner of W mite liability company. MY Commission xpires STATE OF IDAHO )ss: COUNTY OF WSW seal. The foregoing instrument was acknowledged before me this 2 day of 2013, by David G. Wood and Suzette Wood. WITNESS my hand and official seal. My Commission Expires: 1Y1019 il, 2OI5 Holdings, LLLP.; Manager 00459 Acknowledgement attached to Corrective Warranty Deed between WJW Holdings VVY, LLC. David G. Wood and Suzette Wood. oldings Notary blic Notary Public Acknowledgement attached to Corrective Warranty Deed between WJW Holdings WY, LLC, David G. Wood and Suzette Wood. STATE OF WYOMING ss.. COUNTY OF LINCOLN The foregoing instrument was acknowledged before me thiseASt day of 2013, by William J. Wiemann, General Partner of WJW Holdings, LLLP, Manag of WJW Holdings WY, LLC, a Wyoming limited liability company. WITNESS my hand and official seal. My commission expires: MARY KIEHNE NOTARY PUBLIC State of Wyoming County of Lincoln My Commissier Eepiree September 27, 2015 u04 r Sm..; 1,'W5k'UI 00 DESCRIPTION FOR W,INV I IOLD1NGS WY, LLC 'ERACT D.. ADJUSTED (o w i li All of Tract 1) Adjusted as depicted on .he belt), referenced plat: l'.N(20NIPASSING an area 0133.09 acres. more or less The Base ()caring thr tins survey is Ike cast line or the S01,4 of Section 9. f.thN R. Lincoln CollnlY WY being SOO' TOGETI1ER with a right of .311.7000. elareSS and utilities over, under and across Ribbie Parkway. Granite Ridge Road and Driveway laascment D. as depicted on said plat: AND To(iETtil.::: with u right of ingress and egress over and sshc Twenty (20) foot FOrk;h1 Access Easement, as depicted on said ;11:; ANI) SL:WECT 10 a 41( Of illgraSS, c:gress and utilities over, under arid across Caribou Finest I:rive, as depicted on that plat of record in the Office of the Clerk of Lincoln County with pbu No, 02..,A, titled "ACCESS ROAD .10PINI: RETIthXI SUBDIVISION 1 AND RESERVING unto the ((rations. their )eirs, successors and assigns a perpetual right of gress, ogress and utilities over. 01(0 and across said Kthhie Parkway, Caribou Forest )rive, Granite Ridge Road, the Ten ((0) loot Access and Utility I:oscine:II, and the 1)riveway Easement as depicted on said plat. in order 1' provide a perpetual access and utility easement to whatever lands said Grantors !nay designate AN1) RESEI(VING unto the Grantors. Ihei: heirs, successors 0001 assigns 0 perpetual right of ingress, egress and utilities over, under, and cmss the Twenty (20) toot Easement 2, as depicted on said plat, in urdCr 05 provide a perpetual acievii and utility ease:mad whatever lands said ()rialto's may desienatc; that should the actual installed utilities he thou() to he i0 a different location than within said Twenty (2) foot Utility Easement as shown on said plat, then the centerline of the actual installed utility will automativall■ bbeume the centerline of the twenty (20) foot utility easement: an in accordance with the plat prepared to he tiled in the Office of the Clerk of Lincoln County iilcI. (JRANITF. RIDGE NlASE I PI.AT OF ADJusTED TRACTS WMIIN G00 LOT 2 GLO LOT 3 (310 LOT 4 SWY.Nli 001/4 SECTION 9 T3nN RI 19W LINCOLN couNTy, WYOMING dated 10 December 2012, as revised. of record in said Office with Accession 958407. Lend s c,SChre 12 December 20 "Modification in any way of the foregoing description terminates liability of the surveyor' 60461 (8d. Appvd. 741998) (1) 0 STATE OF WYOMING BOARD OF LAND COMMISSIONERS GRAZING AND AGRICULTURAL LEASE Lease No. 3 -8203 PARTIES The parties of this lease are: H1 -LINE EQUIPMENT COMPANY whose address Is Attn: F. Michael able, 1111 South 3200 West, Salt Lake City, UT 84104, (Lessee), and the Wyoming Board of Land Commissioners, (Lessor), whose address is Office of State Lands and investments, 122 West 25th Street, 3rd Floor West, Cheyenne, Wyoming 82002 -0600. In the event that the addresses fisted above change, the party whose address has changed shall immediately notify the other party to the lease in writing. (2) PURPOSE OF LEAK Under the authority of W.S. 38 -5 -101 et seq. Lessor is granting the leasehold right for grazing and agricultural purposes only, provided, that In the event the Lessee changes the use of grazing lands to other agricultural purposes, either by dry land process or irrigation, the Lessee shall notify the Office of State Lands and Investments of the acreage placed under cultivation and the Lessee shall pay an increased annual rental therefore as fixed by the Lessor. The parties desire to enter a lease contract (Lease) defining their rights, duties and liabilities relating to the premises. In consideration of the payment of the first year's rental, receipt of which is hereby acknowledged, and the covenants and agreements herein made, to be kept and performed by the Lessee, the Lessor hereby leases to Lessee, for GRAZING AND AGRICULTURAL purposes only, the following described lands, subject to all terms, conditions and restrictions contained In this lease, the Statutes of the State of Wyoming and the rules and regulations of the Board of Land Commissioners. DESCRIPTION: Aga pescrtolIon 404.760 LOTS 1,2,3,4:E2 Sic Two Renee S.P 16 36.0N 119.OW LN (3) TERM OF LEASE The term of this lease shall begin at 5:00 P.M. on the First day of March 2070 and terminate at 5:00 P.M. on the First day of March 2020 (4) RENT PAYMENT The Lessee shall pay to the Lessor at the Office of State Lands and Investments, Herschler Building, Cheyenne, Wyoming, a rental for the use of the premises in the amount of 2.548.25 per annum. This amount Is subject to change on an annual basis and may be increased or decreased by the Lessor In the event of reclassification of the land, due to a change in Its use, a change in the carrying capacity, or a change In the minimum annual rental for grazing and agricultural leases adopted by the Lessor or change in the law. Annual rentals are due and payable on the anniversary date of this tease. If the annual rental is not paid on or before the anniversary date a 10% late fee win be assessed. (5) LESSEE'S RESPONSIBILITIES Lessee Agrees: (a) Not to take or disturb any fur bearing animals on the premises except where a permit to do so has been secured from the Wyoming Game and Fish Commission and consent thereto has also been obtained from the Director of the Office of State Lands and Investments. (b) To observe state and federal laws and regulations for the protection of fish and wildlife, (e) Not to cut, destroy or remove, or permit to be cut, destroyed or removed, any timber that may be upon the premises. The Lessee shall promptly report to the Lessor the nutting or removal of timber by other persons. (d) To conduct all grazing and agricultural operations on the premises in a manner which protects soli fertility and forage production, and does not contribute to soli eroston, or overgrazing. The Lessee further agrees to work In cooperation with the Lessor to make every reasonable effort to control noxious weeds and pests. Lessee may work in conjunction with County Weed and Pest Control Districts to develop protects (0 be submitted to the Office of State Lands and Investments for reimbursement of certain costs of eradication of weeds and pests on state lands. Cost estimates must be submitted by County Weed and Pest Districts and approved by the Office to be eligible for reimbursement. Subject to funding availability, the total cost of the project will be reimbursed for leafy spurge infestations, for all other noxious weeds and pests, the cost of materials only. Lessee of state lands shall paw the cost of application or other control measures. (e) To maintain all buildings, wells, dams, windmills, fences, and other improvements located on the premises in a good state of repair at the lessee's expense. (f) To dispose of ell waste in a proper manner and not to allow debris, garbage, contaminates or other refuse to accumulate on the leased premises. Any landfill or open dump operated by the Lessee on the teased premises, must be permitted by the Board and must comply with State law and the rules and regulations of the Department of Environmental Quality. Any landfill, open dump, accumulation of debris, garbage, contaminants or refuse of any kind which the Lessee placed, or allowed to be placed, on the leased premises, and which has not been authorized by the Board, must be removed at the Lessee's expense. Lessee further agrees that the Lessor shall have the right to remove debris, garbage, contaminants, or other refuse which the Lessee placed on the premises and collect the cost of such removal from the Lessee. The Lessee further agrees to document and report, as soon as possible, to the Office any unauthorized dumping of debris, garbage, contaminants, or other refuse on the leased premises, by parties other than the Lessee, so that appropriate investigation and corrective measures can be taken by the Lessor. (g) IRRIGATED LAND if the premises are subject to irrigation In whole or in part from water available for that purpose under a permanent water right, contract or otherwise temporary water right, as the case may be: (1) The Lessee agrees to use water so as to protect and maintain all water rights, (2) Where applicable, the Lessee agrees to pay when due all charges for operation, maintenance, and delivery of water. (3) The lands shall be operated under a customary and appropriate crop rotation method. (4) The lends shall be cultivated, irrigated and fertilized In a proper huabandlike manner so as to prevent washing, blowing, seepage, leaching of the soil, waste of water and other damage. (5) AU irrigation ditches and laterals shall be kept in good condition at the Lessee's expense and shall be maintained so as to prevent washing, cutting and damage to the lands, Ditches and laterals shat attach to the lands and become the property of (he Lessor. (6) The Lessee shall file annually, on or before March 31, of each year with the Office of State Lands and investments, on the proper forms, a report of the location and yield of ail crops grown the preceding year and the location and type of crops to be grown in the ensuing year. (h) Not to post signs on state lands unless specifically authorized by the Board of Land Commissioners. (1) Not to lock or remove gates, block or change established roads on the leased premises which provide public access to state land unless specifically authorized by the Board of Lend Commissioners. (6) SPECIAL PROVISIONS (a) RESERVATIONS Lessor Reserves: (1) The right to order the sale of all or any portion of the premises at any time, subject to this lease. (2) The right to lease and dispose of all coal, oil, gas and other minerals, and art deposits of clay, stone, gravel and sand valuable for building, mining or commercial purposes, and all timber, together with the right to mine and remove such minerals or other deposits and timber with the right of Ingress and egress thereto, and to cancel this lease as to any portion of the premises when required for these purposes. (3) The right to hold, sell, appropriate or otherwise dispose of any fences or other improvements of any character owned by the Lessee upon the premises, to insure the payment of rentals, damages or other expenses accruing to the Lessor by virtue of this lease, (4) The right to enter in and upon the premises at any time for purposes of inspection or management. (5) The right at any time to grant easements across the premises for ditches, overhead wires, pipelines, railroads, reservoirs, public roads and highways, roadways to private land or residences, snow fences, underground cables, open apace, or other lawful purposes, with the right of Ingress and egress thereto. (6) The right to use or lease the premises or any part thereof at any time for any purpose other than the rights and privileges granted by this lease. (7) The privitege of any person to use the premises for casual recreational day uses, fishing and hunting pursuant to Chapter 13 of the Rules end Regulations of the Board of Land Commissioners. (8) All rights not_expressly granted to Lessee by this lease are reserved to the Lessor. (b) ASSIGNMENTS This lease shall be subject to cancellation by the Lessor if it is assigned without the approval of the Lessor. Any assignment of this lease shall be recorded In the Office of State Lands and investments. (c) SUBLEASES Any grazing and agricultural lease Is subject to cancellation If the Lessee subleases the leased premises or enters into any contract or agreement of any kind concerning the leased premises, except "price support and production adjustment" contracts of the Farm Service Agency, without approval. In no event shall the premises be subleased unless one -half of any excess rental Is paid to the Lessor. (d) IMPROVEMENTS (1) Lessee shall have the right to construct or make improvements upon state lands in the amount of $2,000.00 per section, without first obtaining permission. (2) Lessee shall request permission to construct or make Improvements in excess of $2,000.00 In value per section by submitting a completed application fort furnished by the Office, (3) Permission may be granted to construct improvements in excess of $2,000.00 per section for fencing, water development, or livestock handiing facilities and range enhancements only. Any other improvement in excess of $2,000,00 per section shall be applied for under a special use lease. public access or alter existing (4) Any improvement on the leased premises regardless of value, which will restrict existing p mulUpte use of the lands must be approved by the Board of Land Commissioners. (5) Unless permission has been obtained in the manner provided, the owner of the improvements in excess of the $2,000.00 per section shall not be entitled to compensation as provided by W.S. 36.5 -111 and 36 -9 -105, and upon expiration of the lease the improvements shell forfeit to and become the property of the state; except that within 120 days from the dale of the expiration of the lease, the owner may remove such improvements in a manner which minimizes injury to the land, (e) ENTRY UPON LEASED PREMISES BY THIRD PARTIES Third parties deslring.to enter upon the leased premises shall contact the lessee prior to entry, unless it is a niember of the Board of Land Commissioners or its representatives or a member of the public when entering for purposes of hunting and fishing and casuat.recreatlonal use pureuant to previsions of Cliapter13 of the Rules and Regulations of the Board of Land Commissioners., For all, entries bythird parties, the lessee may negotiate a payment for damage to the surface of the leased premises, pursuant to Chapter 4, Section 13. Payments must be consistent with payments for damages to adjacent lands. (f) CANCELLATION If It be determined by the Lessor that this lease has been procured by fraud, deceit or misrepresentation, or if the premises or any part thereof be used for unlawful, unauthorized, or illegal purposes, or if the Lessee fails to perform or violates any of the terms of this lease. the Lessor shall have power and authority to cancel this tease. (g) SURRENDER OF PREMISES UPON TERMINATION OF LEASE The Lessee shall, upon termination of this lease, surrender and deliver unto the Lessor the peaceful and uninterrupted possession of the premises. (h) TIME AND SPECIFIC PERFORMANCE are each of the essence of this lease, and all agreements and conditions herein contained shall extend to be binding alike upon the heirs, administrators, successors and assigns of the parties hereto. (1) RELIANCE The Lessor has er^ relied on the representations made by the .,ssee in the written application to lease the premises. EXCHANGE -The lease is grad upon the express condition that should the essor hereafter find It to be in the best Interest of the Lessor to exchange the lands embraced in this lease for other lands, as provided by law, then this lease may be terminated upon giving the Lessee one (1) year notice, unless by mutual consent of the Lessor and the Lessee, an earlier date of termination may be fixed. (k) BUY -OUT BY LESSOR The Lessor shall have the right to purchase back from the Lessee all the rights and interests granted to the Lessee by this tease for any portion of the premises at any time by paying to the Lessee the fair market value of those rights and Interests for the remaining term of the lease. GENERAL PROVISIONS (a) NOTICES,- All notices arising out of or from the provisions of tide lease shall be:in'writing and given. to; the partlea;at the address provided under this lease,' either by regular mall, or delivery in person. (b). EFFECT. OF CHANGE IN. LAW The rights and responsibilities of the Lessee under this lease which are granted 07 Imposed by the Statutes of the State of Wyoming or rites and regulations of the Board of Land Commissioners, ere subject to change during the term of this lease as a result of the adoption, amendment, or repeal of statutes or rules. (c) COMPLIANCE WITH LAWS The Lessee shall keep informed of and comply with all applicable federal, state and local laws and regulations In the performance of this lease. (d) APPLICABLE LAWNENUE The construction, interpretation and enforcement of this lease shall be govemed by the laws of the State of Wyoming. The Courts of the Sate of Wyoming shall have Jurisdiction over this lease and the parties, and the venue shall be the First Judicial District. Laramie County, Wyoming. (e) ENTIRETY OF LEASE This lease contains the entire contract between the parties and supersedes all prior negotiations, representations, leases or other contracts, either written or oral. This lease cannot be changed except by a written instrument subsequently executed by the parties or included In the body of the lease and signed by the parties. (1) INDEMNITY The Lessee shall release, indemnify, and hold harmless the State, the Lessor, and their officers, agents, employees, successors and assignees trom any cause of action, or claims or demands arleing out of this lease. into this (g) SOVEREIGN lease, end specifically re retain Immunity and all defenses nses available to Lessor hem as sovereigns pursuant to immunity by 39104(a) and all other state saw. (h) WAIVERS The failure of Lessor to insist on a strict performance of any of the terms and conditions hereof shall not be deemed a waiver of the rights or remedies that lessor may have regarding that specific term or condition. (I) EXTENUATING CIRCUMSTANCES in the event circumstances aria() for whatever reason which create the Impossibility of continuing the lease, It may be canceled by either party upon written notice. Neither party shall be liable for failure to perform under this tease If the failure is based upon the extenuating circumstances. Lessor reserves the right to determine whether circumstances create an impossibility. A partial refund of the annual payment may be made on a case -by -case basis. SIGNATURES IN WITNESS THEREOF, the parties to this tease through their duly authorized representative have executed this lease on the dates set out below, and certify that they have read, understand, and agree to the terms and conditions of thls lease. LESSOR: THE STATE OF WYOMING BOARD OF LAND COMMISSIONERS BY: Director�St� s and Investments' LESSEE: -Line Equipment Company Date: APR 9 2 2010 Date: �Zol 287571.1 Tract 1; ALSO DESCRIBED AS: QUITCLAIM DEED WITNESSETH: Township 3 South, Range 46 East of the Boise Meridian, Bonneville Cou Idaho. Section 34: All of Government Lots 2, 3 and 4; SE'/ NW B% SW'/. BONNEVILLE CaJNTY RECORDER 1150651 RPR30'04 O111126 THIS INDENTURE is made as of the 1st day of March, 2004, by LYDIA B. BARKLEY and BYRON B. BARKLEY, as successor Co- Trustees of the Byron F. Barkley a.k.a. 13. F. Barkley Descendants' Trust, created under his Will dated May 13, 1966, the "Grantor," to KING CREEK RANCH LLC, a Utah limited liability company, whose mailing address is 5600 South Holladay Blvd., Salt Lake City, Utah 84121, "Grantee." That the Grantor, for and in consideration of the sum of Ten and No /100 Dollars ($10.00) lawful money of the United States of America and other good and valuable consideration to Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, does by these presents remise, release and forever quitclaim unto the Grantee, and to Grantee's successors and assigns forever, all right, title and interest now owned or hereafter acquired by the Grantor in all the following described real property in the County of Bonneville, State of Idaho, to -wit: Township 4 South, Range 46 East of the Boise Meridian, Bonneville County, Idaho. Section 3; All of the Government Lots 1, 2, 4 and 5; All of the Government Lot 7, formerly known as the NA of Government Lot 6; NE% NE% SW'h; tNSTRUMENTNO /1 —63- EV2 SE'/a NW'/; DRIB NW' SE' NW'; IMAGED G N13/ SW'/ NW'/a. Fa TATE OF IDAHO ss COUNTY OF BONNEVILLE Tract 2; 1 [hereby certify that the within lustrament was recorded. Beginning at the Bast Quarter corner of Section 3, Township 4 South, Range 46 East of the Boise Meridian, Bonneville County, Idaho, and running thence S0 °06'00 "E along the East line of said Section 3, 1323.94 feet to a B.L.M. brass cap marked 1/16 S -3; thence S0 °05'32 "E along said East line 662.14 feet to a B.L.M. brass cap marked 1/64 S -3; thence N89 °50' 15 "W 1460.58 feet to a Ronald Lon ty ore, County Recorder Deputy R test, of PASNIA 7/4V, /Zoo SGC, Ll r 8v/a/ B.L.M. brass cap marked C -S -S 1/64 S -3; thence NO °03'05 "W 1318.07 feet to a B.L.M. brass cap marked 1/64 S -3; thence N89 °57'29 "W 663.73 feet to a B.L.M. brass cap marked NE -SW 1/64 S -3; thence N0 °02'19 "W 1322.65 feet (B.L.M. brass cap marked W.C. SE -NW 1/64 S -3 lies S0 °01'00 "E 11.22 feet); thence N89 59'I0 "W 1327.49 feet to a B.L.M. brass cap marked SW NW 1/64 S -3; thence NO °04'36 "E 659.70 feet to a B.L.M. brass cap marked C -W -NW 1/64 S -3; thence S89 °47'46 "E 660.04 feet to a B.L.M. brass cap marked NW 1/16 S -3; thence N0 °02'20 "W 5278.38 feet to a B.L.M. brass cap marked NW 1/16 S -34; thence N89 °48'09 "E 2788.04 feet to a B.L.M. brass cap marked N 1/16 S -34; thence S0 °00'27 "E 3958,34 feet to the Northeast corner of said Section 3; thence S0 °06'00 "E 2646.60 feet to the point of beginning. TOGETHER, with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and any reversions, any remainders, and rents, issues and profits therefrom. TO HAVE AND TO HOLD the said premises and the appurtenances unto the Grantee, and to Grantee's successors and assigns forever. In construing this Quitclaim Deed and where the context so requires, the singular includes the plural. IN WITNESS WHEREOF, the Grantor has executed the within instrument on the date set forth below. 287571.1 2 DIA B. BARKLEY SUCCESSOR CO -TR TEE OF THE BYRON F, BARKLEY A.K.A. B. F. BARKLEY DESCENDANTS' TRUST, CREATED UNDER HIS WILL DATED MAY 13, 1966 RON B. BARKLEY, CCESSOR CO- TRUSTEE OF THE BYRON F. BARKLEY A.K.A. B. F. BARKLEY DESCENDANTS' TRUST, CREATED UNDER HIS WILL DATED MAY 13, 1966 STATE OF UTAH County of Salt Lake On the J" lday of 2004, before me, the undersigned, a notary public in and for said State, personally appeared Lydia B. Barkley, known or identified to me to be a Successor Co- Trustee of the Byron. F. Barkley a.k.a. B. F. Barkley Descendants' Trust, created under his Will dated May 13, 1966, and the person who executed the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. 287571.1 STATE OF UTAH County of Salt Lake ss. NOTARY PUBLIC BARBARA A. KOEPP 15 W. So. Temple, Ste. 1200 Salt Lake City, Utah 84101 My Comm. Exp. July 11, 2005 STATE OF UTAH ss. NOTARY PUBLIC BARBARA A. KOEPP 15 W, So; Temple, Ste. 1200 Sall Lake City. Utah 84101 My Comm. Exp, July 11, 2005 STATE OF UTAH Notary Publ for Utah Residing at j 0 My Commission Expires: On they}` day of 2004, before me, the undersigned, a notary public in and for said State, personally peared Byron B. Barkley, known or identified to me to be a Successor Co- Trustee of the Byron F. Barkley a.k.a. B. F. Barkley Descendants' Trust, created under his Will dated May 13, 1966, and the person who executed the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. 3 Notary Publigor Utah 1 u Residing at riiiiA.600 My Commission Expires: n-it- 45 rolessional Land Surveyors AUL N. SCHERBEL 7yo. Registration No. 164 lab Registration No. 1670 leho Registration No. 3990 'evade RoglseaIon No. 6906 COTTA. SCHEME. yyo. Registration No. 3889 Ueh Reglakallon No. 372111 fah° Registration No.6026 IARLOWE A. SCHERBEL No Registration No 6368 AR L F. SCHERBEL 7yo. Registration No. 11610 laho Registration No. 13493 :FEDS No. 1223 arveyp Schereel, LTD. tan, Wyondng le Piney. Wyoming season, Wyoming aye lid Springs, Idaho Ionlpe0er. Idaho DESCRIPTION FOR WJW HOLDINGS WY, LLC KIBBIE PARKWAY To -wit: A strip of land, with a minimum width of sixty (60) feet, for ingress, egress and utilities over, under and across the SE1/4 of Section 9, T36N R119W, Lincoln County, Wyoming, described as follows: BEGINNING at a point on the south line of said SE1/4, N89 46' -52 "E, 487.89 feet, from the southwest corner thereof; thence N41 29' -56 "E, 92.86 feet, to a point; thence N50 47' -45 "E, 430.40 feet, to a point; thence N55 03' -05 "E, 231.34 feet, to a position at the beginning of a circular curve to the right; thence northeasterly, 364.80 feet, along the arc of said curve, through a central angle of 15 18' -46 with a radius of 1365.00 feet and chord bearing N62 42' -28 "E, 363.72 feet, to a point; thence N70 21' -51 "E, 198.58 feet, to a point at the beginning of a circular curve to the left; thence northeasterly, 258.38 feet, along the arc of said curve, through a central angle of 64 21' -55 with a radius of 230.00 feet, and a chord bearing N38 10' -54 "E, 245.01 feet, to a point; thence N05 59' -56 "E, 85.14 feet, to a point at the beginning of a circular curve to the left; thence northerly, 58.90 feet, along the arc of said curve, through a central angle of 4 -30'- 00", with a radius of 750.00 feet and a chord bearing NO3 44' -56 "E, 58.89 feet, to a point; thence N01 29' -56 "E, 795.97 feet, to a point at the beginning of a circular curve to the left;, thence northwesterly, 117.81 feet, along the arc of said curve, through a central angle of 26 59' -56 with a radius of 250.00 feet and a chord bearing N12 00' -04 "W, 116.72 feet, to a point; thence N25 30' -04 "W, 174.99 feet, to a point at the beginning of a circular curve to the right; thence northeasterly, 355.50 feet, along the arc of said curve, through a central angle of 96 59' -41 with a radius of 210.00 feet and a chord bearing N22 59' -56 "E, 314.55 feet, to a position within the right-of-way of McNeel Power Plant County Road No. 12- 104; thence S18 10' -46 "E, 60.94 feet, to aposition; thence S02 35' -S1 "E, 432.38 feet, to apoint; thence S01 29' -56 "W, 869.38 feet, to a point at the beginning of a circular curve to the right; 'Modification in any way of the foregoing description terminates liability of the surveyor' 'mlesslonal Land Surveyors AUL N, SCHERBEL Wo. Registra0on No. 164 ltah Reglsleion No. 1870 doh* R6gislellen No.3990 Moeda RaphlaAon Na.8805 1CO77A SCHERBEL Vyo. R9918990on No. 3880 ltah Reglstraoon 61o. 372111 daho Regislra8on No. 8028 .1ARLOWE A. SCHERBEL Vyo. ReUlslra0on No. 5388 (ARL F. SCHERBEL Nye. Reple100on No. 11610 dello Registration No. 13403 FEDS No. 1223 70009or Sd,04Al, LW. Non, Wyoming Sig Piney. W70019 kdkson, Wyoming .ova Hot Springs, Idaho .1001peller Idaho DESCRIPTION FOR WJW HOLDINGS WY, LLC I IBBIE PARKWAY PAGE TWO thence southerly, 63.62 feet, along the arc of said curve, through a central angle of 4 -30'- 00", with a radius of 810.00 feet and a chord bearing S03 44' -56 "W, 63,60 feet, to a point; thence S05 59' -56 "W, 85.14 feet, to a point at the beginning of a circular curve to the right; thence southwesterly, 325.78 feet, along the arc of said curve, through a central angle of 64 21' -55 with a radius of 290.00 feet and a chord bearing S38 10' -54 "W, 308.92 feet, to apoint; thence S70 21' -51 "W, 198.58 feet, to a point at the beginning of a circular curve to the left; thence southwesterly, 348.77 feet, along the arc of said curve, through a central angle of 15 18' -46 with a radius 1305.00 feet and a chord bearing S62 42' -28 "W, 347.73 feet, to a point; thence S55 03' -05 "W, 229.11 feet, to a point; thence S50 47' -45 "W, 423.29 feet, to a point; thence S41 29' -56 "W, 34.49 feet, to a point on said south line; thence S89 46' -52 "W, 80.38 feet, along said south line to the POINT OF BEGINNING; the BASE BEARING for this survey is the east line of the SE1/4 of Section 9, T36N R119W, being S00 04' -42 "W; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under, and across the above described Kibbie Parkway; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 or 11810 with appropriate details; each "position" is a calculated position with no monument found or set; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF BOUNDARY ADJUSTMENT FOR WJW HOLDINGS WY, LLC AND WILLIAM J. WIEMANN WITHIN GLO LOT 2 GLO LOT 3 GLO LOT 4 SW'/NE%4 SE S' "r t1 R119W LINCOLN COUNTY, WYOMING dated 6 February 2013, 12 February 2 "Modification in any way of the foregoing description terminates liability of the surveyor"