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HomeMy WebLinkAbout952020WHEN RECORDED MAIL TO: Mr. Thomas E.Ellison ID /Wy Zone team Leader USDA Forest Service 1918 Commerce Avenue Boise, Idaho 83705 208 384 -3239 USDA FOREST SERVICE Suter Canyon Road EASEMENT THIS EASEMENT, dated this I/o day of No(/emb 2009, is granted by ASPEN HILLS DEVELOPMENT a Wyoming Corporation, in the County of Lincoln, State of Wyoming, hereinafter called "Grantor," to the UNITED STATES OF AMERICA, and its assigns, hereinafter called "Grantee," whose address is Washington, DC 20013. WITNESSETH: Grantor, for and in consideration of TWENTY SIX THOUSAND ONE HUNDRED THIRTY FOUR DOLLARS ($26,134.00) received by Grantor, does hereby grant to Grantee and its assigns, subject to existing easements and valid rights, a perpetual easement for a road along and across a strip of land, hereinafter defined as the "premises," over and across the following described lands in the County of Lincoln, State of Idaho, more particularly described as follows, to -wit: A strip of land twenty (20) feet wide located in: Sixth Principal Meridian T. 33 N., R.118 W., Section 3, W1/2SW %NE1/4, GLO Lot 2, whose western boundary is more particularly described as follows: beginning at a Point on the east west centerline of section 3, T. 33 N., R. 118 W., which bears N. 89° 50'40" E., 133.21 feet from the center quarter corner of said section; thence N. 00 °21'31" W., 327.68 feet; thence S. 89 °26'20" W., 133.06 feet to the north south centerline of said section; thence N. 00 °22'01" W., 2740.39 feet along said centerline to the north quarter corner of said section. As shown on the Suter's Canyon Subdivision Phase Two amended Plat filed in the Lincoln County, Wyoming Clerks office, December 22, 2008 as Document No. 944254. The premises contain 1.469 acres more or less. The word "premises" when used herein means said strip of land, whether or not there is an existing road located thereon. Except where it is defined more specifically, the word "road" 1 EASEMENT /Suter Canyon Rd. RECEIVED 2/5/2010 at 4:15 PM RECEIVING 952020 BOOK: 742 PAGE: 15 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY shall mean roads now existing or hereafter constructed on the premises or any segment of such roads. Said premises shall be 20 feet in width lying east of said western boundary with such additional width as required for accommodation and protection of cuts and fills. If the road is located substantially as described herein, the centerline of said road as constructed is hereby deemed accepted by the Grantor and Grantee as the true centerline of the premises granted. If any subsequent survey of the road shows that any portion of the road, although located substantially as described, crosses lands of the Grantor not described herein, the easement shall be amended to include the additional lands traversed; if any lands described herein are not traversed by the road as constructed, the easement traversing the same shall be terminated in the manner hereinafter provided. The acquiring agency is the Forest Service, Department of Agriculture. This grant is made subject to the following terms, provisions, and conditions applicable to Grantee, its permittees, contractors, and assigns: A. Except as hereinafter limited, Grantee shall have the right to use the road on the premises without cost for all purposes deemed necessary or desirable by Grantee in connection with the protection, administration, management, and utilization of Grantee's lands or resources, now or hereafter owned or controlled, subject to such traffic- control regulations and rules as Grantee may reasonably impose upon or require of other users of the road. Grantee shall have the right to construct, reconstruct, and maintain roads within the premises. Grantee alone may extend rights and privileges for use of the premises to other Government departments and agencies, States, and local subdivisions thereof, and to other users, including members of the public. B. Grantee shall have the right to cut timber upon the premises to the extent necessary for constructing, reconstructing, and maintaining the road. Timber so cut shall, unless otherwise agreed to, be cut into logs of lengths specified by the timber owner and decked along the road for disposal by the owner of such timber. This easement is granted subject to the following reservations by the Grantor, for itself, its permittees, contractors, assigns, and successors in interest: 1. The right to use the existing road described herein for all purposes deemed necessary or desirable by Grantor in connection with the protection, administration, management, and utilization of Grantor's lands or resources now or hereafter owned or controlled, subject however, to traffic- control regulations as Grantee may reasonably impose and the bearing of road maintenance costs proportionate to use, in each case as 2 EASEMENT /Suter Canyon Rd. ar ",00O17 authorized and provided by the regulations of the Secretary of Agriculture and as they may be amended and published in the Code of Federal Regulations. 2. The right to cross and re -cross the premises and road at any place by any reasonable means and for any purpose in such manner as will not interfere unreasonably with use of the road. 3. The right to all timber now or hereafter growing on the premises, subject to Grantee's right to cut such timber as hereinbefore provided. If the Regional Forester determines that the road, or any segment thereof, is no longer needed, the easement traversed thereby shall terminate. The termination shall be evidenced by a statement in recordable form furnished by the Regional Forester to the Grantor or its successors or assigns in interest. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its duly authorized officer and corporate seal affixed, if required by the corporation and/or company by -laws, on the day and year first above written. Aspen Hills Development Corporation SEAL By 3 YNETTESHARPE Director/President EASEMENT /Suter Canyon Rd. State of w '(p t y l G County of LA kiPi)/ a..\. On this Itocx.day of)A.o JErJi,BE`e 2009, before me, the undersigned, a Notary Public within and for the State of 4..Yo1.>.%nti,G personally appeared LYNETTE SHARPE, known to me to be Director/President of Alpine Hills Development Corporation the Corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above NANALE EKO PAUL NOTARY PUBLIC County of Lincoln ss State of Wyoming My Commission Expires May 10, 2011 ACKNOWLEDGMENT 4 CL Notary Public for the State of \A-`‘.CbI ►IACN Residing at 1'3 Co 2•p t kv My Commission Expires t-kkg t O 20 11 EASEMENT /Suter Canyon Rd.