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HomeMy WebLinkAbout901386Recorded at the request of, and after recording return to: SHADOW DANCER ESTATES c/o 699 Clovercrest Drive Murray Utah 84123 RECEIVED LI,~,~COLN COUt,.ITY CLERK BOOK EASEMENT FOR GOOD AND VALUA:BLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, SPURLOCK PROPERTIES LLC, a Wyoming limited liability company whose address is P.O. Box 3448, Alpine, Wyoming 83128 CSpurlock"), hereby grants to Si I^DOW DANCER ESTATES, a Wyoming corporation whose address is c/o 699 CIovercrest Drive, Murray Utah 84123, and its successors, assigns, licensees, permittees and designees (collectively "SDE") the Following easements (collectively, the "Easements"): SDE Roadway Easement. A perpetual, non-exclusive easement (the "SDE Roadway. Easement") benefiting that certain real property that is described more particularly on exhibit A that is attached to this Easement (the property, and all subdivisions thereof, being referred to herein as the "SDE Property") and over, under, across and burdening the following roadways and access easement of that certain subdivision (the "Trail Ridge Subdivision") that is described more particularly on exhibit B that is attached to this instrument: Trail Ridge, Trail Ridge Road, Buffalo Drive, Shiras Drive, Falcon Drive and 60' Access Easement "A" & "B", all as described in the Trail Ridge Subdivision Final Plat (the "Trail Ridge Subdivision Plat") that was recorded October 21, 2003 in the records of the Lincoln County, Wyoming Clerk with identifying numbers 894618 and 225-F. The SDE Roadway Easement is tbr the purposes of providing ingress, egress, underground power, water, water system maintenance, signage and other utility lines to and from the SDE Property across and on Trail Ridge Subdivision and its roadways. SDE'Water System Easement. A perpetual, non-exclusive easement benefiting the SDE Property, burdening any culinary water piping & facilities, related land and rights that benefit the Trail Ridge Subdivision in which Spurlock or its successors-in-interest now or hereafter hold any interest. The Easements are referred to in that certain Sales and Development Agreement that is dated April 20, 2004 and that was signed by Spurlock and SDE., Easement Management. The owner(s) of the SDE Property may transfer the control and management of the Easements to any homeowners association (the "Association") formed for a subdivision that covers all or pan of the SDE Property (the "SDE Subdivision"). Notwithstanding the foregoing, any modification to an Easement shall require approval as set forth in section 2, but the Association may execute the modification instrument on behalf of the consenting owners. An Association formed for the SDE Subdivision' reasonably may control and administer any water system within the SDE Subdivision, including physical connection requirements and shut-offs for failure to pay assessments. DATED this o20~ day of~. SPURLOCK PROPERTIES LLC, a Wyoming limited liability company Manager STATE OF 0~4b ) ) SS. COUNTY OF z_~l~~z_) The foregoing Easement was acknowledged before me this ,,9'2 day of~ 2004 by David R. Spurlock, as the manager of SPURLOCK PROPERT~'~ ~-~C, a Wyo~ning(tlimited liability company. WITNESS my hand and official seal. My Commission Expires: RHTkD\65604)02.doc Noth~y-~ublic ' NOT,~RY PUBLIC ' SABRA HOPKINS 111'1 South 3200 wear Salt Lake Cl~, Utah 84104 My Cornmlaslon Expttae May 30. 2007 STATE OF UTAH Easement 3 Spudock-SDE 107 Exhibit A to Easement Legal Description of SDE Property / SDE Subdivision That part of the SE¼ of Section 10 and that part of the NE¼ of Section 15, T36N R119W Lincoln County, Wyoming, it being the intent to more con'ectly describe those tracts of record in the Office of the Clerk of Lincoln County in Book 386 of Photostatic Records on page 711 and in Book 398 of Photostatic Records on page 18-1, as follows: BEGINNING at the northeast comer of GLO Lot 5 (NE¼SE¼) of said Section 10; thence S00°-04'-32''E, 86:23 feet, along the east line of said GLO Lot 5 to the northwest comer of the SW¼ of Section 11, T36N R119W; thence S00°-I 8'-23"E, 2548.92 feet, along the west line of said SW¼, to the southeast .comer of said Section 10; thence S00°-15'-26"E, 120.41 feet, along the east line of GLO Lot 2 (NE¼NE¼) of said Section 15, to the northwest corner' of Section 14, T36N R119W; thence N89°-59'-39"W, 1282.73 feet, to a point; thence N00°-3 6'-01"E, 120.57 feet, to the southeast comer of GLO Lot 7 of said Section 10; thence N00°-24'-2 I"W, 2642.93 feet, to a point; thence S89°-38'-3 I"E, 1285.91 feet, to the CORNER OF BEGINNING; ENCOMPASSING an area of 81.29 acres, more or less; the BASE BEARING for this survey is the west line of the SW¼ of Section 10, T36N R119W, being N00°-04'-42"E. Exhibit B to Easement Legal Description of Trail Ridge Subdivision That part of Section 10 and that part of Section 15, T36N R119W, Lincoln County, Wyoming, it being the intent to more correctly describe that tract of record in the Office of the Clerk of Lincoln County in Book 484 of Photostatic Records on page 878 and part of that tract of record in said Office in Book 386 of Photostatic Records on page 711, as follows: BEGINNING at the southwest comer of GLO Lot 7 (SW¼SEIA) of said Section 10; thence S00°-12'-05"W 1354.02 feet, to the northwest comer of Broken Wheel Ranch Subdivision of record in said Office as Plat No. 117; thence S89°-48'-50"E, 1304.45 feet, along the north line of said Subdivision, to the northeast comer thereof; thence N00°-36'-01"E, 1358.10 feet, to the southeast comer of said GLO Lot 7; thence N00°-24'-2 I"W, 2642.93 feet, to a point; thence S89°-38'-3 i"E, 1285.91 feet, to the southeast comer of GLO Lot 4 (SE~ANE¼) of said Section 10; thence N00°-26'~37"W, 353.51 feet, along the east' line of said GLO Lot 4, to a Morley pipe; thence S89°-14'-29"W, 944.38 feet, to a Morley pipe; thence S89°-13'-32"W, 71.21 feet, to the southeast Nelson monument of that tract of record in said Office in Book 145 of Photostatic Records on page 318; thence continuing S89°- 13'-32"W, 270.00 feet, along the south line of said tract, to the southwest Morley pipe thereof; thence N00°-27'-50"W, 239.96 feet, along the west line'of said tract, to the northwest Nelson monument thereof; thence N00°-29'-45"W, 46.81 feet, to the southeast Nelson monument of that tract of record in said Office in Book 204 of Photostatic Records on page 483; thence S89°-30'-13"W, 300.00 feet, along the south line of said tract, to the southwest Nelson. monument thereof; thence N00°-27'-54"W, 299.94 feet, along the west line of said tract, to the northwest Nelson monument thereof, on the south line of that tract of record in said Office in Book 274 of Photostatic Records on page 181; Easement 4 Spudock-SDE ,.i. ,.!09 thence S89°-39',57"W, 1009.90 feet, along the south line of said tract, to a Jorgensen monument; thence N89°-45'- 12"W, 707.35 feet, along said south line, to a Jorgensen monument on the easterly right-of-way line of U.S. Highway 89; . thence S04°-11 '-25"E, 3570.60 feet, along said easterly right-of-way line, to a point on the south line of the SW¼ of said Section 10; thence N88°-55'-__go''V._, 468.30 feet, along said south line, to the CORNER OF BEGINNING. encompassing an area of 203.77 acres, more or less; EXCEPTING that tract of record in said Office in Book 460 of Photostatic Records on page 803, encompassing an area of 1.9 acres, more or less; ENCOMPASSING a net area of 201.87 acres, more or less. the BASE BEARING for this survey is the west line of the SW¼ of Section 10, T36N R119W, being N00°-04'-42"E. Easemem~ ..... .... -SDE