The URL can be used to link to this page

Home My WebLink About934450 PERMANENT PUBLIC FISHING AND WATERFOWL HUNTING EASEMENT 000225 Leigh H Perkins, a joint life estate for his life and the life of his wife, Romi M. Perkins, and David D. Perkins, a vested remainder interest, whose address is Room 480, 401 Uclid, Cleveland, Ohio 44114, GRANTOR, for and in consideration of Ten and no/IOO Dollar ($10.00) and other valuable consideration in hand paid, receipt of which is hereby acknowledged, does hereby grant unto the STATE OF WYOMING, WYOMING GAME AND FISH COMMISSION, of Cheyenne, Wyoming, GRANTEE, for use by the public, the following easement, access and other rights and privileges, to-wit: 1. A permanent public pedestrian fishing and waterfowl hunting easement in and to all of the Salt River and Big Spring, insofar as the easement traverses the following described lands as owned by the GRANTOR, to-wit: T. 33 N., R. 118 W.. 6th P.M.. Lincoln County, Wyoming Section 31 : RECEIVED 10/30/2007 at 11 :07 AM RECEIVING # 934450 BOOK: 677 PAGE: 225 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY S 1I2S 112 of Lot 2, Lot 3 and SW1I4NE 1I4SW 1/4 as more correctly described and recorded in the Office of the Clerk of Lincoln County in Book 359 of Photostatic Records on Page 698. ( í .....1 Said easement shall be unfenced and unimpeded and shall extend from midstream of said river outward and perpendicular to a point two-hundred (200) feet above the high-water line on each side of the Salt River and Big Spring. Except in the SW1I4NE1I4SWl/4 and El/2SE1I4SEl/4 of Lot 3 said easement shall be unfenced and unimpeded and shall extend from midstream of Big Spring outward and perpendicular to a point two-hundred (200) feet above the high-water line on the south and west side of Big Spring and outward and perpendicular to a point fifty (50) feet above the high-water line on the east side of Big Spring. High-water line shall be defined as the established riverbank, which both parties acknowledge may change over time due to erosion. ? 7, ..) .-/ 2. GRANTOR and GRANTEE shall have the right to improve the bed and banks of the Salt River by constructing therein cribs, squares, triangles, or other such structures as may be desired for the purpose of creating holes, eddies, and shadings to improve fishing. Improvements made by GRANTOR shall not impede public access along the easement and must be approved in writing and in advance by GR7\NTBE. . Such approval shall not be arbitrarily withheld. GRANTEE shall further have the right to remove brush, logs and any other obstacles in order to facilitate pedestrian access along the riverbank. 3. The right for GRANTEE and its employees to enter the above-described lands for fish stocking and other related purposes as they deem necessary. 4. The right to construct and maintain pedestrian foot stiles or pedestrian openings in the fence that excludes livestock wherever existing fences cross said river. 5. The GRANTOR also agrees for the duration of the easement herein granted that no action will be taken or methods utilized with regard to controlling noxious weeds so as to harm, endanger or interfere with the fishery upon said lands, and that any and all herbicides, insecticides or other chemicals used for such purposes will be first approved by the GRANTEE in writing. 6. GRANTOR and GRANTEE shall have the right to plant willows at such places on the stream bed and banks as desired in controlling water-action erosion and in improving the fishery, and to erect such short stretches of fences as may be necessary in protecting the plantings against livestock, and to perform such other work within the bed and banks of said river as may be necessary or desirable in improving the fishery. Improvements made by GRANTOR shall not impede public access along the easement Page 10f3 and must be approved in writing and in advance by GRANTEE. Such approval shall not be arbitrarily withheld. 000226 7. GRANTOR further agrees not to remove any brush, willows or other vegetation other than noxious weeds from within twenty-five (25) feet of the Salt River and Big Spring on the lands above described for as long as the easement herein granted remains in force and effect except upon express written permission of the GRANTEE. 8. That the GRANTOR, their successors, assigns or employees, shall not change or alter the course of the Salt River or Big Spring unless prior written consent has been obtained therefrom the GRANTEE. 9. GRANTOR agrees that they will not construct or cause to be constructed any structures of whatever type, excepting normal maintenance to those items specifically listed in item 10, on the easement described herein without first obtaining written permission from GRANTEE. 10. For purposes of documenting the valid existence of structures on the easement both parties agree that no structures or fences exist within the easement boundary except for a fence located along the north bank of the Salt River in Lot 2. GRANTOR shall be allowed to maintain the above structures within the easement boundary. 11. GRANTOR hereby covenants to GRANTEE that all lands herein described are lawfully seized in fee and that said lands are free from any encumbrances of whatever nature as may operate to terminate or interfere with any of the rights and interests herein granted, and that agreement herein contained shall be binding upon the GRANTOR'S heirs, personal representatives, successors and assigns. 12. This grant and easement shall at all times be deemed to be, and shall be, a continuing covenant running with the land, and shall be binding upon and in favor of the successors and assigns of the respective parties thereto. GRANTOR hereby releases and waives all rights existing under and by virtue of the Homestead Exemption Laws of the State of Wyoming. 13. The GRANTEE shall comply with Presidential Executive order 11246 entitled, "Equal Employment Opportunity," as amended by Presidential Executive Order 11375 and as supplemented in the Department of Labor Regulations (41 CFR part 60), the Civil Rights Act of 1964, the Wyoming Fair Employment Practices Act (Wyo. Stat. §27-9-105 et seq.), and the Americans With Disabilities Act (ADA), 42 D.S.C. 12101, et seq., Section 504 of the Rehabilitation Act of 1973, Title II of the Americans With Disabilities Act of 1990, the Age Discrimination Act of 1975 and Title IX of the Education Amendments of 1972. The GRANTEE shall assure that no person is discriminated against based on the grounds of sex, race, religion, national origin or· disability in connection with the performance of this Agreement. 14. GRANTOR shall be allowed to install pipes and head gates within the easement area associated with the use of GRANTOR'S water rights. All pipes shall be buried and the disturbed area reclaimed to its natural condition in a manner that will not impede public access on the easement. If Federal or State laws or regulations do not allow the pipe to be buried, GRANTOR agrees the diameter of pipe used shall not exceed ten (10) inches and will not impede public access on the easement. 15. The State of Wyoming, Wyoming Game and Fish Commission does not waive sovereign immunity by accepting this easement, and specifically retain immunity and all defenses available to them as sovereigns pursuant to Wyo. Stat. 1-39-104(a) and all other state law. Page 2 of3 Dated this 2(;0/ day of "Sl,() 1-t;rv6tf";2007. { GRANTOR: _m) ~A' ~ <o-J,,,,,,rV}- Leigh Per . 000227 STATE OF LLJ« ) J ~< 11 ) ss COUNTY OF ~ ) LINDA BROWN County of· Lincoln Notary Public State of Wyoming My Commission Expires August 3, 2011 On this .;¿(P day of ~ Leigh Perkins, who executed the foregoing executed the same as his free act and deed. , 2007, before me personally appeared instrument and acknowledged that he /./ lj;~£ù L371ftv'fL Notary Public /1 My commission expires: (j,¿¿¿~ ~ )..!JI! ~ J1r. ~. Romi Perkins .j STATE OF V~ ) ) ss COUNTY OF~) On this t.{..IJ.. day of 0 ~ , 2007, before me personally appeared Romi Perkins, who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. Î'h~r.~ Notary pubr ,', ' <"c - f , \;/ . ,,\} ." I ~..' STATEOFV~ ) ~ss COUNTY OF ,. ~ ì On this 'i ~ day of ß~ , 2007, before me personally appeared David D. Perkins, who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. '1r;~~~ Notary Public . My commission expires: ;¿ /; 0 /11 . '. ,.", l.> ':~ ..: . Page 3 of3