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Home My WebLink About873986 ~ J 7. GRANTORS further agrees not to remove any brush, willows or other vegetation other than noxious weeds from within twenty-five (25) feet of any river or body of water on the , 6. The right to plant willows at such places on the stream bed and banks as desired by GRANTEE 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 perfonn such other work as is desired by the GRANTEE within the bed and banks of said river as may be necessary or desirable in improving the fishery. 5. The GRANTORS 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. 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. 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. 2. 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 by the GRANTEE for the purpose of creating holes, eddies, and shadings to improve fishing. GRANTEE shall further have the right to remove brush, logs and any other obstacles in order to facilitate pedestrian access.along the riverbank. Said easement 'shall be unfenced and unimpeded and shall extend from midstream of the Salt River to a point one-hundred (100) feet above the high-water line on the west and north side of the Salt River. In this easement grant, high-water line shall be defined as the established riverbank which, it is recognized, may change over time due to natural erosion or acts of God. Section 12: Part of the N 1I2SW 1/4 as more correctly described as in the Warranty Deeds recorded in the Office of the Clerk of Lincoln County in Book 276 of Photostatic Records on Pages 287 & 288 and Book 365 of Photostatic Records on Page 245. T. 33 N.. R. 119 W.. 6th P.M.. Lincoln Countv. Wvoming 1. A permanent public pedestrian fishing and waterfowl hunting easement in and to all of the Salt River, insofar as it traverses the following described lands as owned by the GRANTORS, to-wit: Ann Marie Power, whose address is P.O. Box 1956, Cannel, California 93921, an undivided one-half interest, and Daniel W. and Karin L. Durfey, co-trustee of Durfey Living Trust, dated November 21, 1994, whose address is 270 N. Goldenspur Way, Orange, California, GRANTORS, for and in consideration of Ten andno/lOO Do~lar ($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: 01 JIll! 19 M"I 8: 51 PERMANENT PUBLIê ~Im6AND /16' t::. ('. ;1 WATERFOWL HUNTING EASEIVæNT BOOK ~ _~R PAGE.-1LL_., J t":: l! 'I'll t,,! CoO ")'\ (, '. j r:'-\J . .1:1, .Iilt... ·"'i'\\)!'!c. '\ 1\t.MME.HEn. WYOMING _v ED LlNCO~NTY CLERI, - - -~ U!j';~j~8G ~ 8.18 lands above described for as long as the easements herein granted remain in force and effect except upon express written permission of the GRANTEE. 8. That the GRANTORS, their successors, assigns or employees, shall not change or alter the course of the Salt River unless prior written consent has been obtained therefrom the GRANTEE. 9. GRANTORS agrees that they will not construct or cause to be constructed any structures of whatever type on the fishing and waterfowl hunting easement without first obtaining written permission from GRANTEE. 10. It is agreed that a Statement Of Existing Conditions will be prepared which will accurately reflect the appurtenant structures presently located on the easement as of the date of conveyance. The Statement Of Existing Conditions will be signed by both parties and will be the document used to determine the valid existence of any structure on the easement. 11. GRANTORS 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 GRANTORS' heirs, personal representati ves, successors and assigns. 12. GRANTORS 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 Presidentiãl Executive order 11246 entitled, "Equal Employment Opportunity," as amended by Presidential Executive Order 11375 and as supplemented in the Department of Labor Regulations (41 CPR 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 U.S.C. 12101, et seq., Section 504 of the Rehabilitation Act of 1973, Title IT 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. The WYOMING GAME AND FISH COMMISSION does not waive its sovereign immunity by entering into this agreement and fully retains all immunities and defenses pursuant to W.S. §1-39-104(a) and other law. Dated this lfJ~,- day of ~~", -2001. d:v~~ Yk~./ , , Ann Marie Power STATE OF CALIFORNIA ) )ss COUNTY OF .t1c""r6'2Øi On this ~ day of }./1~ù.l- ,2001, before me personally appeared Ann Marie Power, in and who executed the føregoing instrument and acknowledged that t+rey ø4e.. executed the same as thcir free act and deed. he..r My Commission Expires: ÆbBll_ ?r-' ~; Notary Public . ¡ ~~-~---------~ '. _ . DELLA RAYLENE POITZ ' 9 I,:;" - 0 I - Commission #1155223 . ~:. '~:~~.a.'..................... ' Notary Public - California .~,,: .7- ...,~._..-~~~, ""~'~' ) ,,::,'<;l¡-'W Monterey County : ". <C."';"" My Corr-m. F<pi,0\s;;' n 1?, ?O--: i : 01_ " ¡; . ,,:t; :?,A.' - '\'t¡;,·, ~,~,':'~'"i.'~:,:w·' '~;:;: .. - - ~ 3 My Commission Expires: ~ I é) - ';).Do3 ._.-Nota r ST ATE OF CALIFORNIA ) )ss COUNTY OF U! (,vYl vI '- ) ~ On thisl~ day of ~, 2001, before me personally appeared Daniel W. and Karin L. Durfey, co-trustees of Durfey Living Trust, in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. ~ '- VV Karin L. Durfey IÌ/o (J, J dJ~¿J Æ--7fdr D~iel W. Durfey ~ :- ~- - , . 08'7~i~8(~