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HomeMy WebLinkAbout900761 r. 6 ' '''~ "'" RECEIVED t._Ir",IOOLN (}Odf",lTY CLERK ALPEN 8 p v s oN PRoPERT~!OfN~°,: ,5 1 DECLA~TION OF' CONDITIONS, COVENANTS &~D RES.~R~gT. IONS AND VACATING PREVIOUS COVENANTS, CONBIfiO~I~'AN~R'E~'fRICTIONS This declaration of Conditions, Covenants and Restrictions is made this I fi, day of j ~ n ~ ,2004, by the undersigned, Reinhart/Edwards LLC, Three Rivers Construction, Inc., Clarenct' Reinhart, Dorothy Reinhart and Ganelle Edwards, hereafter called the Declarant, states: ' KNOW ALL MEN BY TttESE PRESENTS; the Declarant of the County of Lincoln, State of Wyoming, are the (twners of certain real property being described herein. In order to protect their interest and theft of subsequent owners in a subdivision described hereafter, which henceforth to be known as ^?penaor~, and in order to ensure the uniform and desirable use, occupancy and improvements on said real property, hereby vacate and terminate all previous conditions, covenants and r::strictions on the herein described real property and hereby declares and imposes the following limitations, covenants and restrictions upon the herein described real property as restrictive and pro!::ective covenants, running with the land and binding upon all present and future owners of any part of such real properly, and further declaring that each lot within the tract is and shall be held, transferred, cOnveyed and occupied subject to tire restrictive and protective covenants hereinafter set tbrth. WITNESSETH: WIIEREAS Declarant is th© owner of real property located in Lincoln County, State of Wyoming, being described as follows: Blocks 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, Alpine Nordic Village Subdivision, Lincoln County, Wyoming, according tothe recorded plat thereof. Being part o£ the Southeast Quarter of the Southwest Quarter and the Southwest Quarter of the Southeast Quarter of Section 20, Township 57 North, Range 118 West, Lincoln County, Wyoming, al. so described as follows: Begimfing all a point that is N45°39'54"W 598.19 feet fi'om the South one-quarter coiner of said Section 20, said point being at the intersection of the Northwest right-of-way line of State Highway 26:89 with the East fight-of-way line of State Highway 26, and running thence N8°02'42"W 240.51 feet along said East right-of-way line; thence Northwesterly, 328.70 feet along a circular cuwe to the left through a central angle of 6°21'06" Bowers & Associates Law O/rices, PC P, O. Box 1550 Al'ton. WYSJI]O 007) 885-0t540 Page 1 of 15 and radius o£ 2964.77 feet identical with said East right-of-way line; thence N74°47'18"E 742.10 £eet; thence S 15°12'42"E 560.00 feet to an intersection with said Northwest right-of-way line of State Highway 26-89; thence S74~19'42"W 795.00 feet along said N~rtkwest right-of-way liue to tile point of beginning, containing 9.86 acres more or less. 798 More particu;arly described in the official records of the Lincoln County Clerk, for and in tile County of Lincoln, S tare of Wyon-fing. WHEREAS the Dec.,.arant is desirous to subject this property to the conditions, covenants and restrictions set forth herein, all of which are intended for the benefit of the property tbr each owner thereof. These conditions, covenants and restrictions shall rnn with the land and each parcel or lot contained therein, and shall apply to and shall bind all successive owners of every parcel or lot, together with all improvements to be constructed or placed on said property; and WHEREAS, it is the fi~rther desire of the Declarant, as part of the general development plan for the benefit and protsction of the owners of the respective lots within said subdivision, to provide for certain use rest~Sctions, which shall govern and control the use and enjoyment of said lots within the above described real property. NOW THEREFORE, Declarant and consenting owners, do hereby publish and declare that all of the real property described herein is held and shall be held, conveyed, hypothecated, encumbered, leased, rented,.used, occupied and approved subject to the following conditions, covenants and restrictions, uses, limitations and obligations, all of which are declared and agreed to be a mutual benefit for ths improvement of said property and for the division thereof into lots and shall be deemed to run with the land and shall be a burden and benefit to the Declarant, owners, their successors ane assigns, and any person acquiring or owning any interest in the real property and improvements thereon, their gn'antees, successors, heirs, executors, administers, devisees and assigns. Declarant and owners make and declares and imposes the following limitations, Covenants and Restrictions upon such real property described herein, as restrictive and protective covenants, rmming with the land and binding upon all present and future owners of any part of such real property, .further declaring that each lot within the herein described property is and shall be held, transferred conveyed and occupied subject to the restricted and protective covenants hereafter set forth. Bowers & Associates Law Offices. PC P. O. Box 1550 Afion, WY83110 (307) 885-0640 Page 2 of 15 ARTICLE I TERMINATION OF PREVIOUS CONDITIONS, COVENANTSAND RESTRICTIONS WItEREAS, previom:ly there have been conditions, covenants and restrictions placed upon the herein described property, specifically those covenants, conditions and restrictions for Alpine Nordic Village, dated October 26th, 1983, and recorded November 3~d, 1983 in Instrument Number 606533, the declaration of amended covenants, conditions and restrictions for Alpendorf subdivision, recOrded on page 157 of Book 272, Instrument Number 700393, and the Alpendorf Subdivision Property Owners Association Agreement, recorded April 5'~, 1989, on page 147 of Book 272, Instrument Numl"er 700392, all being recorded and filed in the official records of the Lincoln County Clerk, for ancl in the County of Lincoln, Slate o f Wyoming. WHEREAS, the Declarant and owners desire to vacate and terminate any and all previous covenants, conditions and restrictions and property owners association agreements, so that they may impose new covenants, ~::onditions and restrictions for the Alpendorf subdivision. NOW THEREFORE the Declarant and owners of the herein described real property hereby vacate and terminate any and all covenants, conditions and restrictions and property owners association agreemer.t which were filed at any time prior to the date of the execution of the covenants, conditions and restrictions contained herein. IT IS FURTHER AGREED AND STATED that those covenants, conditions and restrictions, dated October 26th, 1983 and recorded November 3~a, 1983, as Instrument Number 606533, those covenants, conditions and restrictions, recorded on April 5'h, 1989, on page 147 of Book 272, Instrument Number 700393 and that property owners association agreement, recorded April 5th, 1989, on page 147 of Book 272, Instrument Number 700392, are hereby vacated and terminated and shall have no force or affect after the date of the execution of this document. ARTICLE II DEFINITIONS Definitions of the terms that are used within these covenants, conditions and restrictions shall be defined as follows ahd in accordance with Wyonfing Law: mo DECLARAN F shall mean Reinhart/Edwards LLC., Three Rivers Construction Inc., Clarence Reinhart, Dorothy Reinhart and Ganelle Edwards. CONSENTING OWNERS AND/OR OWNERS shall mean those individuals or entities who currently own real property in whole or in part, within the herein described rea!' property. Bowers & Associates Lmv Offices. PC P. O. Box 1550 Afion. WY83110 007) 885-0640 Page 30f15 DECLARATION shall mean this instrument by which the covenants, conditions and restrictions have been imposed upon the herein described real property. BOARD shal refer to the architectural control board as established by these conditions, cc,venants and restrictions. THE INITIAL ARCHITECTURAL CONTROL BOARD (Board) shall be composed of ~l'arence Reinhart, Dorothy Reinhart and Ganelle Edwards. A majority of these Board members may designate any representative to act for them. h~ the event of death or resignation of any member of this Board, the remaining members sha'~l have full authority to designate a successor member. The members of the Board may be entitled to reasonable compensation for their services perforated, pursuant to their duties on the Board as set by the Board members as a whole. These members of the Board shall serve on the Architectural Control Board until their resignation, death, incapacity or they no longer own any real property, whether individually or through any entity, within the herein described rea7 Property. At the resignation, death, incapacity or when.a Board member no l~:nger owns any real property individually or through an entity within the herein dea:cribed real property, the majority of the Lot owners, pursuant to their voting fights ~s :described herein, shall have the power to replace the Board member with any person that they deem is appropriate and at that time, the person appointed by.the majority, does not have to be a lot owner within the Alpendorf subdivision. 'Prbvided however, that the number of the Board members shall not be decreased or increased until all of the Board members no longer own any interests, whcth:r individually or through an entity within the herein described real property. REAL PROPERTY AND PROPERTY shall refer to the real property described herein, which commonly referred to as "Alpendorf." ARTICLE III PROTECTIVE COVENANTS, CONDITIONS AND RESTRiCTIONS Section 1.. General Purpose, s: The foregoing descri'0ed real property is subject to the following set 0frestrictions, covenants and conditions to.Ensure the best use, appropriate development, and Alpendorf Declarations, Conditions, Covenants and Restrictions for improvements of each lot and building site; and, further, to protect the owners of building sites against improper use of surrounding building sites as will depreciate, or otherwise adversely affect the value of their property; to preserve the quality of improvements within the described property and surrounding properties Bowers & Associates Law O]fices, PC P. O. Box 1550 Aftoa. WY83110 (~o7) ~5-o~o Page 4of15 and thereby enhance the value of improvements made by the owners or the purchasers of the parcels, lots and building sites. Section 2. Land Use and Building Type: A. The ground level of the herein described real property shall only be used for commercial purposes unless otherwise allowed by the Board. The second level above ground on any Lot may be used for either commercial or residential purposes. B. No Lot may be divided into smaller parcels or lots unless agreed to, in writing, beforehand by the Declarant ,"nd undersigned as long as they own an interest in any of the real property in the Alpendorf subdivision. Once the Declarant and present owners are no longer owners of any of the real property described herein, the division of any Lot nmst be approved beforehand by the Board. C. Any and all' construction and/or other activities shall at all times, comply with all existing covenants; restrictiors, reservations, applicable building codes and County zoning ordinances, use regulations and restrictions, existing fire codes, and any other Federal, State County or local law and/or re gulation. Provided however, the Board may allow non-conforming use of any Lot or any building: or improvement under these covenants, conditions and restrictions. Section 3. Architectural COntrol: A. Prior to any cc'nstruction, including remodeling, or starting construction of any structure, buildings or improvements on any real property described herein, the person or owner desiring to improve, construc'; or build, must first receive written approval from the Board. In the event any person or entity fails begins improvements, construction or building, without first receiving approval from the Board, they shall be responsible for all costs and reasonable attorney fees of notifying them to ceasz the work and/or for any action including injunctions and civil suits in law and equity resulting from the improvements, construction or building, which was not approved prior. B. ,M~y and all pl:mting or placing of any major landscaping or modification of cun-ent landscaping, must first ~e approved by the Board. C. In the event apy proposed improvement, construction or building is not approved by the Board, the improvement, structure or building, may not be started or constructed. D. The decision of the Board shall be final and binding upon the parties concernedl E. The Board has sole authority concerning architectural guidelines and all buildings, fences and structures must be approved in writing or they may be removed as a violation of these Bowers & Associates Law Offices, PC P. O. Box 1550 Afion, WY83110 (307) 885-0640 Page 5 of 15 89° covenants with all costs, including reasonable attorney fees to be paid by the person doing the construction. F. All structures and improvements will be of the Austrian motif style. G. All structures and improvements must have architectural appeal and appearance conforming with and/or matching the surrounding structures. H. The voting rights and interests of a member of the Alpendorf Subdivision Property Owners and each member's pro-rata responsibility and liability for assessments as hereinafter provided shall be detemfined by effecting a ratio of the total square footage of the parcel of real ground owned in the Alpendorf subdivision and adding to it (all floors) of all buildings constructed on owner member's parcel in relation to the total square footage of all parcels in the Alpendorf subdivision and (all floors) of all buildings constructed in said Alpendorf Subdivision, it being the intent to ensure equal voting rights and liabilities for assessments based upon percentage of the size 6fthe parcel and buildings existing from time to time in said Subdivision. Therefore the voting rights and interests of each tnember/owner will not in all cases be equal and may change fi'om time to time. "Exhibit C" attached hereto shall set forth the initial percentage interest of each member in the common area and percentage of responsibility for assessments. The voting rights and interests of new members shall be determined in the same way as such percentage interests :md rights were detemfined for old members. Section 4. R.V. & Trailer Park: The following portion of Block 7 of Alpendorf Subdivision, Phase 1, shall be utilized as a trailer and R.V. Park and is l?articularly described as follows: Beginning at '~he Northeasterly comer of said Phase 1, said comer' also being N 9° 13'52" E 1188.52 feet fi'om the South Quarter Corner,of said Section 20, and running thence S 74° 47'18" W 422.23 feet along the boundary of said block 7; thence N 15°~2142'' W 30.00 feet along the boundary of said block 7; thence S 74°z!7';18'' W 90.00 feet; thence S 15°12'42" E 80.00 feet; thence'N '/4° 47'18" E 512.23 feet to the Easterly line of said block 7; thence N 15012'42.' W 50.00 feet along said Easterly line to the point of beginning, containing 28311 square feet. The balance of said Block 7 shall be maintained and used all in accordance with the Covenants, Conditions and Restrictions contained herein. Bowers & Associates Law Offices. PC P. O. Box 1550 · Afton. WY83110 (307) 885-0640 Page 6 of 15 Section 5. Temporary StruCture: A. Currently ther: is a portion of the real property described herein that contains temporary residential structu~'es, specifically mobile-homes. These temPorary structures and the residential use shall be "grandfathered" in and shall be exempt from the temporary structure and/or residential prohibitions Contained within these conditions, covenants and restrictions provided, however, the current :gse shall not be significantly modified or enlarged without approval of the Board. B. No trailers or ~".railer type houses or similar type facilities will be permitted on any lot except on a temporary basis, not to exceed six (6) months, unless approval is received by the Board. C. Temporary structures approVed by the Board lnay be used for commercial purposes such as fireworks sales and/or temporary businesses upon approval of the Board. D. No temporary structm'e may be used for residential purposes other than in that area that is currently being used 'as a mobile home park. E. The definition of a temporary structure shall include stands, trailers and portable toilet facilities. The placement 'of any temporary structure shall first be approved by the Board before it is placed on the property. Section 6. Building Size and Construction: A. All permanent' buildings shall be a minimum of seven hundred fifty (750) square feet in area. Sun decks, car gorts, patios and other unenclosed unroofed areas are not to be included in the computation of the building area. B. Modular type ?3uildings intended to be placed on the Lots for permanent use shall meet the requirements of the ,Board for the type, design and exterior finish and as set forth herein. SeCtion 72 Land Use and P~i'ohibitions: A. The property described herein shall not be used tbr residential purposes on the ground level unless approve~ of by the Board in writing. B. The second le'vei, of any buildings or structures on the herein described real property may be used for conunercial and/or residential use without prior approval of the Board. Bowers & Associates Law Offices', PC P. O. Box 1550 Afion. WY83110 007) a85-0640 Page 7of15 C. No outside toilet facilities, portable or otherwise, shall be maintained on the property, except as such temporary facilities are placed upon the property in conneCtion with construction activity or any :;hc'rt term event approved of by the Board. D. No junk (incl,,~d:!ng non-oPerable motor vehicles or parts thereof), trash, debris or Other forms of solid waste, shall be allowed to accumulate on any lot or parcel, but may be disposed of with all costs astgociated with the disposal being assessed to the owner of the Lot from which the material was removed: E. No vehicles ,vlucb are not in serviceable or usable condition, that are inoperable ~or Unlicensed, shall be parked on any lot or street, nor permitted to remain therein. All costs associated with the removal of:the vehicles will be assessed to the owner of the vehicle and/or the Lot owner On which the vehicle was removed. F. The discharge of firearms is prohibited within the real property described herein. Section 8. HazardoUs Snbstances: A. The property described herein shall not be used or maintained as a dumping ground for rubbish or trash and no garbage or other waste shall be kept except in sanitary conditions. No permanent storage of hazardous materials shall be allowed on the real property described herein. Hazardou~ materials such as gasoline, diesel and other products being sold by commercial businesses shall be allowed provided, however, the storage and sale of such material ~neets Federal, State and local laws and/or ordinances. Section 9. Variances: The Board shall have the option ofpemfitting variances to the bnilding restrictions where size or shape of the lot of topography make strict application of the restrictions impractical or difficult. The prime concern olYthe Board will be that the design, exterior finish and location harmonize m~d compliment'the existing Austrim~ motif style and design to the extent practical. Request for variances shall be made to the Board in writing, and the Board's decision shall be made in writing within thirt,, (30) days of the request. The Board's decision shall be final and binding upon all parties, the:.:r heirs, successors and assigns in interest. Section 10. Date of Completion: All buildings and otl~.er ~structures shall be completed within twelve (12) months after the start of construction. Site grading and fi'ont/or excavation for footings, foundations or piers, shall be construed at the strut of construction. The Board shall have the option of granting reasonable extensions of tin?,e When reqnested in writing and justified on the basis of hardship or conditions beyond the owne?s~control. Each Lot owner shall supervise and direct the work Bowers & Associates Law Offices, PC P. O. Box 1550 Afion, WY83110 007) ~85-0640 Page 8 of 15 competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform and complete such work in conformity with these conditions, covenants and restrictions. Section 11. Livestock and Poultry: No livestock or mfimals of any kind or character shall be permitted to be kept or maintained on the herein desc¥ibed real property, except: A. On a temporar';f basis as part of an exhibit or other activities specifically approved of by the Board. B. On a temporary basis for guests that are staying at any hotel or motel thcility on the property, provided however, that the owners or managers of the hotel or motel property must approve the temporary stay ard:the animal must be kept contained or on a leash at all times while on property. In no event, shall any livestock or animal of any character, be kept or maintained on the herein described real property for more than five (5) days without prior whtten approval of the Board. Edwards. By the expresi:ed permission of Clarence Rei~fl~art, or Dorthy Reinhart or Ganclle Section 12. Heating Systems and Chimneys: No wood, cOal, or oil 5urning heating system will be allowed for any structure for improvement on the herein described real property. Propane heating systems will be equipped with venting m~d/or chimneys that meet Federal, State and local laws and ordinances, and shall be constructed in such a way as to not place any adjacent Lot owner in danger of fire. Section 13. Nuisances: A. No noxious or offensive activity shall be carried on upon the herein described real property nor shall anything be done therein which may be or become an annoyance or nnisance to any of the surrounding owners. The term "noxious or offensive" shall apply to the open storage of boats, trailers, machinery, tmck~, pickups, automobiles and other forms of bulk storage not normally associated with the existing commercial uses of the property and equipment associated with maintenance and snow removal within the subdivision. Unreasonably loud noises and activities shall be defined as a nuisance for the purposes of this section. B. The DeclaranL~ recognize that the storage of both trailers, machinery, trucks, pickups, automobiles and other forms of bulk storage, may be parked On the real property for a Bowers & Associates Law Offices, PC P. O. Box 1550 AfiotL IVY 83110 (307) 885-0640 Page 9 of 15 limited time period for guests who stay at the hotel or motel facilities on the properly or are doing business on the premises. The term "storage" is defined for the purposes of this section as an intent to store the item for more than three (3) days. Temporary storage of the above stated items shall be allowed for business purposes not to exceed three (3) days unless agreed on beforehand by the Board. Section 14. Signs: All signs of any kind displayed to public view, shall be approved to the Board prior to construction, erection, or installation. All signs shall be consistent with the predominant architectural design within the subdivision. Once approved, all signs nmst be maintained by their respective owners in a commercially reasonable condition. If a sign is not maintained by its owner, the Board may require: the removal of the sign and/or that the sign be improved. Section 15. Garbage and Refuge Disposal: No portion of the real property described herein shall be used or maintained as a dumping ground for rubbish, trash, garbage; and other waste shall be kept only in sanitary containers as approved by the Board. All eqtdpment for disposal of said waste material, shall be maintained in a sanitary and orderly condition and at all times, shall be in compliance w~th any and all health regulations. The location of any equipment for disposal of waster materials shall be approved of by the Board and shall not b~ in any other location. Section 16. Procedure: Any question or dispute as to whether a particular Lot is being used outside the restrictions or if it is a restricted use, sha] be submitted to the Board. The Board shall make its determination upon the question within thirty (30) days from the date written notice is received. The Board's determination shall be final and binding upon the owners of the said Lots, their heirs and assigns. The Board's decision shall be in writing, a copy of which shall be kept with the official records of the Board. Section 17. Enforcement of Conditions, Covenants and Restrictions: The Board and/or any property owner within the herein described real property, shall have the power and right to force any and all of the conditions, covenants and restrictions set forth herein. Additionally, the Boar0 shall have the right to seek recovery of all c°sts, expenses and reasonable attorney fees from anyone who breaches or violates any of the conditions, covenants and restrictions' contained he~-ein. However, a property owner seeking to enforce any and all of the conditions, covenants and restrictions set forth herein, shall not have the right to recover costs, expenses and reasonable attom~¢y fees in an action that they file. Bowers & Associates Law Offices. PC P. O. Box 1550 Aflon. WY83110 (3O7) 885-0640 Page 10 of 15 807 Section 18. Modification: Subject to the provisions contained herein,, these conditions, covenants and restrictions may only be amended as follcws: A. With the apprcval of Reintiart/Edwards LLC, Three Rivers Construction, Inc., Clarence Reinhart, Dorothy Reinhart, Ganelle Edwards, if they own any portion of the'real property described herein; and B. Approval of fifty-one percent (51%) of the owners of the real property contained herein, as shown by the official records of the Lincoln County Clerk, for and in the County of Lincoln, State of Wyoming, excmsive of common areas and parking areas; and C. The amendment as completed by an instrument in writing and signed by those approving the amendment set forth in this paragraph; and D. The modification and/or amendment as recorded in the records of the Lincoln County Clerk, for and in thfi County of Lincoln, State of Wyoming. Section 19, Purpose: The provisions of these conditions, covenants and restrictions shall be liberally construed to effectuate its purpose of creating a mutually beneficial plan for the operation and development of the real property described herein. Failure to enforce any provision hereof, shall not constitute a waiver of the right to enforce the provision or any other provision hereof. Section 20. Severability: The provisions herein'shall be deemed independent and severable and invalidity or partial invalidity or unenforcability of any one provision or portion thereof, shall not affect the validity or enforcability of any other provision contained herein. ARTICLE IV PROPERTY oWNERS ASSOCIATION All owners, heirs, successors and assigns of the real property described herein agree, promise and state that they W~.ll become members of the Alpendorf Subdivision Property Owners AsSociation Agreement, which is being created concmxently with the execution of this document. The provision of the Alpendorf Subdivision Property Owners Association Agreement is made part of this document by reference ar.d incorporation as if fully set forth herein. Any breach or Bowers & Associates Lmv Offices, PC P. O. Box 1550 Afion, WY83110 (~o79 ss5-o64o Page 11 of 15 violation of any provision of the Alpendorf Subdivision Property Owners Association Agreement shall be treated as a violation and/or breach of the conditions, covenants and restrictions contained herein. By acceptance of the deed or other instrument of conveyance for his or her Lot within the herein described real property, each Lot owner shall be deemed to covenant and agree to pay to the Association annual assessm:nts and special assessments for capital improvements. Such assesstnents shall be fixed, established and collected from time to time as provided in the Alpendorf Subdivision Property Owners Association Agreement. The mmual and special assessments, together with s'.~cb interests thereon and the costs of collection, including reasonable attorney fees, shall be a continual lien on the property affected and also shall be a personal obligation of the owner of such property on the date when the assessment is due. Any general or special assessment levy as set forth within the Alpendorf Subdivision Property Owners Association Agreement, shall become a lien on the affected real property as soon as such assessment is due and payable as set forth above. In the event the owner fails to pay the assessment when due, the assessment shall bare interest at the rate of twenty-one (2 1%) percent fi'om the date when such asssssment is due until it is paid in full. In the event legal proceedings are commenced to collect any assessment as set for in the Alpendorf Subdivision Property Owners Association Agreement, or of the services of an attorney are retained by the Associati,on 'or Board in connection therewith, the non-paying owner or owners shall be obligated to pay all CostS incmxed, plus reasonable attorney fees, which costs and fees shall become a portion of the assessment and may be foreclosed in the same maimer as the assessment as provided above. ARTICLE V COVENANT PERIOD This declaration, coffditions, covenants and restrictions shall take affect upon the recording of this document in the official records of the Lincoln County Clerk, }bt and in the County 0f Lincoln, State of Wyoming, and shall be binding on all parties and all persons clai~ning under them including heirs, successors and assigns in interest, for a period of twenty (20) years from the date these conditions, covenants and restrictions are recorded. After which ti~ne they shall be automatically extended for successive periods of ten (10) years unless a written instrument conforming to Section 18 herein, is filed in the official records of the Lincoln County Clerk, for and in the County of Lincoln, State of Wyoming. Bowers & Associates Law Offices. PC P. O. Box 1550 Alton. WY83110 0o7) ~5-o64o Page 12 of 15 -. 8.39 IN WITNESS WHEREOF, the undersigned have executed this instrument this day of ,2004. DOROTHY [. ~EINItART- REINHART/EDWARDS LLC THREE RIVERS CONSTRUC75ON, 1NC., STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged to before me by CLARENCE L. REIHNART and DOROTHY I. REINHART on the ~5 day of ,~.~ ~ ~ ,2004. Bowers & Associates Lmv Offices, PC P. O. Box 1550 Alton, WY83110 (307) 885-0640 Page 13of15 - 8. 0 STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was acknowledged to betbre me by GANELLE EDWARDS on the ]~ day of d~ ,2004. WITNESS my hand and official seal. ,~, ...... . ~~~.- ~-~ ........ My commission exp~r~ ~ , ,~'.o .~. :~.~.~ ,~ ~ ARY PUBLIC STATE OF WYOMING COUNTY OF LINCOLN The foregoing instrument was aclmowledged before me by 0-a r~ e J[ ~ (d.,.),~ rcjX , who appeared before me and was personally known to me, and was by whom duly sworn and upon oath represented that ha/she was the/rlmo__~ m, ,~ 1o e c of REINHART/EDWARDS LLC, that the instrument was sibmed on behalf of REiNHART/EDWARDS LLC by the authority of the board of directors or t_mstees thereof, acknowledged the instrument to be the free act and deed ofREINItART/EDWARDS LLC, this \ ~ day of ,3 ct r~ -~ ,2004. WITNESS my hand and official seal. My Commission Expires: Bowers & Associates Law Offices. PC P. O. Box 1550 Afion. IVY83110 (JO7) 885-0640 Page 14 of 15 STATE OF WYOMING ) COUNTY OF LINCOLN : ) The foregoing instrunxent was acknowledged before me by who appeared before me and was personally known to ~ne, and was by whom duly sworn and upon oath represented that he/she was the [~ c e, 5 c~ ,~ ,q"~ of THREE RIVERS CONSTRUCTION, INC., that the instrument was signed on behalf of THREE RIVERS CONSTRUCTION, INC., by the authority of the board of directors or trustees thereof, acknowledged the instrument to be the free act and deed of THREE RIVERS CONSTRUCTION, INC., this ~ ~ day of O~.t r, e ,2004. WITNESS my hand and official seal. My Comnfission Expires: NOTARY PUBLIC 611J~;~¢~'~ ......... '¥~ · ~ '~M~ C::-mrr, zstoa Bowetx & Associates Law Offices, PC P.O. Box 1550 Afion. WY83110 OOO 885-0640 Page 15of15