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Auth ID: GRY745601
Contact ID: GARDNER, DEXTER
Use Code: 752
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
PRIVATE ROAD EASEMENT ISSUED UNDER THE FEDERAL LAND POLICY AND MANAGEMENT ACT
Act of October 21, 1976, (P.L. 94 -579);
36 CFR 251.50, et seq
THIS EASEMENT, dated this 0 day of 2010 from the United States of America,
acting by and through the Forest Service, Department of Agriculture, hereinafter called Grantor, to DEXTER AND
DEEANN GARDNER, a couple of the State of Wyoming hereinafter called Grantee.
WITNESSETH:
WHEREAS, Grantee has applied for a grant of an easement under the Act of October 21, 1976 (90 Stat. 2743; 43 U.S.C.
1761), for a road over certain lands or assignable easements owned by the United States in the County of WY: LINCOLN
State of WYOMING and administered by the Forest Service, Department of Agriculture.
NOW THEREFORE, Grantor, for and in consideration of the payment of an annual use fee paid by Grantee does hereby
grant to Grantee, subject to existing easements and valid rights, a nonexclusive easement for use of a road, along and
across a strip of land, over and across the following described lands in the County of WY: LINCOLN, State of WYOMING,
SW 1/4 of unsurveyed Section 29, T. 32 N., R. 118 W., 6TH PRINCIPAL MERIDIAN: the centerline of said easement being
more particularly described on Exhibit A hereto.
Private Road Easement
FS- 2700 -9j (10/09)
OMB No. 0596 -0082
Said premises are more specifically described by a centerline description contained in exhibit A attached hereto.
Said easement shall be 30 feet on each side of the centerline 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 Grantor and Grantee as the true centerline of the easement granted.
This grant is made subject to the following terms, provisions, and conditions applicable to Grantee, its permittees,
contractors, assignees, and successors in interest.
A. Grantee shall comply with applicable Federal or State law and shall comply with State standards for public health and
safety, environmental protection, and siting, construction, operation, and maintenance of or for rights -of -way for similar
purposes, if those standards are more stringent than applicable Federal standards.
B. The rights herein conveyed do not include the right to use the road for access to developments for short- or long -term
residential purposes, unless and until the Grantor and the Grantee agree upon traffic control regulations, rules, and other
provisions to accommodate such use of the road.
C. Upon change in ownership of the land or facility served by this road, the rights granted under this easement may be
transferred to the new owner upon written notification to the Regional Forester.
D. This easement shall continue for as long as needed for access to the Dexter and DeeAnn Gardner Property; Provided,
That the Grantor shall review the terms and conditions of this easement at the end of each 30 -year period from the date of
issuance, and may incorporate in the easement such new terms, conditions, and stipulations as existing or prospective
conditions may warrant. These shall have the same force and effect in the future as if incorporated in this grant.
E. All construction or reconstruction of the road shall be in accordance with plans, specifications, and written stipulations
approved by the Grantor prior to beginning such construction or reconstruction.
RECEIVED 10/28/2010 at 9:57 AM
RECEIVING 956393
BOOK: 756 PAGE: 305
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
000306
F. Grantee shall have the right to cut timber upon the easement area to the extent necessary for maintaining the road.
Timber so cut shall, unless otherwise agreed to, be cut into standard log lengths or other products as specified by the
authorized officer and decked along the road for disposal by the owner of such timber.
G. The Grantee shall maintain the right -of -way clearing by means of chemicals only after the Grantor has given specific
written approval. Application for such approval must be in writing and must specify the time, method, chemicals, and the
exact portion of the right -of -way to be chemically treated.
H. The Grantee shall provide maintenance so that there is no damage on adjacent National Forest land. The Grantee
shall construct and maintain lead -off drainage and water barriers as necessary to prevent erosion.
I. Grantee shall pay annually in advance a sum determined by the Forest Service to be the fair market value of the use
authorized by this easement. The initial payment is set at $45.00 for the remainder of the calendar year. Payments for
each subsequent calendar year shall be the amount of $45.00 adjusted using the Implicit Price Deflator -Gross National
Product index (IPD -GNP), or other factor selected by the Forest Service, to reflect more nearly the current fair market
value of the use. At intervals to be determined by certain changes in the indexes used to establish the linear rights -of -way
fee schedule, the fee shall be reviewed and adjusted as necessary to assure that it is commensurate with the value of the
rights and privileges authorized. Failure of the holder to pay the annual payment, late charges, or other fees or charges
shall cause the authorization to terminate.
J. Pursuant to 31 U.S.C. 3717, et seq., interest shall be charged on any fee amount not paid within 30 days from the date
the fee or fee calculation financial statement specified in this authorization becomes due. The rate of interest assessed
shall be the higher of the rate of the current value of funds to the U.S. Treasury (i.e., Treasury tax and loan account rate),
as prescribed and published by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal
Requirements Manual Bulletins annually or quarterly or at the Prompt Payment Act rate. Interest on the principal shall
accrue from the date the fee or fee calculation financial statement is due.
In the event the account becomes delinquent, administrative costs to cover processing and handling of the delinquency
will be assessed.
A penalty of 6 percent per annum shall be assessed on the total amount delinquent in excess of 90 days and shall accrue
from the same date on which interest charges begin to accrue.
Payments will be credited on the date received by the designated collection officer or deposit location. If the due date for
the fee or fee calculation statement falls on a non workday, the charges shall not apply until the close of business on the
next workday.
Disputed fees are due and payable by the due date. No appeal of fees will be considered by the Forest Service without full
payment of the disputed amount. Adjustments, if necessary, will be made in accordance with settlement terms or the
appeal decision.
If the fees become delinquent, the Forest Service will:
Liquidate any security or collateral provided by the authorization.
If no security or collateral is provided, the authorization will terminate and the holder will be responsible for delinquent fees
as well as any other costs of restoring the site to it's original condition including hazardous waste cleanup.
Upon termination or revocation of the authorization, delinquent fees and other charges associated with the authorization
will be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et seq. Delinquencies may
be subject to any or all of the following conditions:
Administrative offset of payments due the holder from the Forest Service.
Delinquencies in excess of 60 days shall be referred to United States Department of Treasury for appropriate collection
action as provided by 31 U.S.C. 3711 (g), (1). he Secretary of the Treasury may offset an amount due the debtor for any
delinquency as provided by 31 U.S.C. 3720, et seq.)
K. This easement shall terminate in the event an easement is granted subsequently by the United States to a public road
agency for operation of this road as a public highway.
L. Grantee shall pay the United States for all injury, loss, or damage, including fire suppression costs, in accordance with
existing Federal and State laws.
M. Grantee shall indemnify the United States for any and all injury, loss, or damage, including fire suppression costs the
United States may suffer as a result of claims, demands, losses, or judgments caused by the Grantee's use or occupancy
under this easement.
N. Upon termination of this easement, the Grantee shall remove within a reasonable time the structures and
improvements and shall restore the site to a condition satisfactory to the Grantor, unless otherwise waived in writing. If the
Grantee fails to remove the structures or improvements within a reasonable period, as determined by the Grantor, the
Grantor may remove and dispose of any improvements and restore the area and all costs shall be paid by the Grantee.
If the Grantor waives the removal of the improvements and restoration of the site, all improvements shall become the
property of the United States.
The foregoing notwithstanding, this easement is granted subject to the following reservations by Grantor, for itself, its
holders, contractors, and assignees:
1. The right to cross and recross the road at any place by any reasonable means and for any purpose in such manner as
will not interfere unreasonably with Grantee's use of the road.
2. The right to all timber now or hereafter growing on the right -of -way, subject to Grantee's right to cut such timber as
herein provided.
3. The right alone to extend rights and privileges for use of the road constructed on the premises to other users, provided
that nonfederal users shall bear a fair share of the current replacement cost less depreciation of the road and shall
reconstruct the road as necessary to accommodate their use.
4. The Grantor reserves the right to use or authorize the use of the road by other Federal agencies, without cost other
than the performance or payment, as it may elect, for its proportionate share of maintenance costs.
5. The Grantor retains the right to occupy and use the right -of -way, and to issue or grant rights -of -way for other land uses,
for other than road purposes, upon, over, under, and through the easement area provided that the occupancy and use do
not interfere unreasonably with the rights granted herein.
6. The right to terminate this easement if the Grantor assumes jurisdiction and control of the road as a National Forest
System Road and issues a replacement easement providing only for use of the road. The replacement easement shall be
in the current standard format, which provides the Grantee the right to use the road for the purposes and for the period
authorized by this easement, subject to such traffic control regulations and rules as Grantor may impose reasonably upon
or require of other users of the road without unreasonably reducing the rights herein granted.
The Grantor may take action to suspend, revoke, or terminate this easement under the Rules of Practice Governing
Formal Adjudicatory Administrative Proceedings Instituted by the Secretary Under Various Statutes in 7 CFR 1.130- 1.151.
An administrative proceeding is not required when the easement terminates on the occurrence of a fixed or agreed -upon
condition, event, or time.
O. Rights -of -Way Management Plan (R4 -X3). The holder shall operate and maintain the right -of -way, authorized
facilities, and access roads in a manner consistent with National Forest System land and resource management
objectives and policies. To meet this requirement, the holder shall prepare a right -of -way management plan and submit it
to the Forest Service by October 1, 2010. The plan will identify specific management and protection objectives and
practices by location, and identify responsibilities and schedules. The right -of -way management plan will become a part
of this authorization when approved by the Forest Service, and shall be jointly reviewed and revised periodically,
according to its terms.
IN WITNESS WHEREOF, the Grantor, by its duly authorized representative, Forest Service, has executed this easement
pursuant to the delegation of authority to the Chief in Title 7 CFR 2.60 and the delegated authority described in the
Federal Register Notice dated September 15, 1995 (Volume 60, No. 179, Page 47930) on the day and year first above
written.
UNITED STATES OF AMERICA
B
JAC UCHANAN
Act* g Fo est Supervisor
Bri eton National Forest
Forest Service
Department of Agriculture
COUNTY OF
STATE OF
jtri
On this day of G'4 2010, personally appeared before meC'r'+ 1 .16
Acting Forest Supervisor, Bridger -Teton National Forest, Intermountain Region, Forest Service, epartment of Agriculture,
the signer of the within instrument, who acknowledged to me that he executed the foregoing instrument, by duly delegated
authority.
d 1/6/249-A-?M
Notary Public for the State of
Residing in 041 a.k-a
My Commission expires (0/3
ACKNOWLEDGMENT
cOu308
p w -4.
(0k1309
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a
collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is
0596 -0082. The time required to complete this information collection is estimated to average one (1) hour per response, including the
time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national
origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic
information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all
prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program
information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202 720 -2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC
20250 -9410 or call toll free (866) 632 -9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-
8339 (TDD) or (866) 377 -8642 (relay voice). USDA is an equal opportunity provider and employer.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for
information received by the Forest Service.
Pmleeeionel land Suweyors
Paul k. Sdor6.l
Wyo. RepMrallon No. 164
uto ROM* No. too
Idaho aigioson No. Germ
key* R.*,6en No. Mph
Sfxb A. Sdi.IDil
wyo. R.pglNaon No. 99.9
Idehd Re*Wil No.
lIWf Ryis0oIon No. aim
MARLOWE A. =Oak
Wyo. Repirtr.00n No 6*
9u,.gor Bdnlbok L19,
Bip NNW. Vtyominp
*Ow, S$i
mm I
law SSW Ideloo
MonlpMk.. Id.
DESCRIPTION FOR
DEXTER AND DEEANN GARDNER
USFS SPECIAL USE PERMIT
To -wit:
A strip of land sixty (60) feet in width, over, under and across part of the SWI /4 of
Unsurveyed Section 29, T32N R118W, Lincoln County, Wyoming, being thirty (30) feet
each side of the following described centerlines:
SWIFT CREEK ROAD ACCESS
BEGINNING at a spike on the west line of said SW1 /4, identical with the terminus of
Swift Creek County Road No. 12 -138, of record in the Office of the Clerk of Lincoln
County, N00 01' -26 "E, 1733.02 feet, from the southwest corner of said SW 1 /4;
thence S38 10' -50 "E, 45.62 feet, to a spike at the beginning of a circular curve to the left;
thence southeasterly, 253.14 feet, along the arc of said curve, through a central angle of'
38 47' -52 with a radius of 373.83 feet, and a chord bearing S57 34' -46 "E, 248.33
feet, to a spike;
thence S76 58' -42 "E, 383.65 feet, to a spike at PI #1;
thence continuing S76 58' -42 "E, 35.38 feet, to the terminus spike of SWIFT CREEK
ROAD ACCESS;
GARDNER ACCESS
BEGINNING at the above referenced PI #1;
thence N71 50' -19 "W, 368.58 feet, to a spike;
thence N54 25' -24 "W, 115.43 feet, to a spike;
thence N36 48' -19 "W, 142.38 feet, to a spike;
thence N10 41' -53 "W, 180.56 feet, to a spike;
thence N22 21' -32 "W, 104.55 feet, to a spike;
thence N51 18' -44 "W, 11.24 feet, to the terminus spike of GARDNER ACCESS on said
west line;
the BASE BEARING for this survey is said west line, being N00°
the northerly and southerly right -of -way lines of the above described easement to he
shortened or lengthened as necessary to create a continuous easement with a minimum
width of sixty (60) feet to meet the west line of the SW1 /4 of Unsurvcycd Section 29,
T32N R1 18W, Lincoln County, Wyoming;
each "spike" marked by a 3/8" x 12" steel spike, referenced by a 5/8" X 24" steel reinforcing
rod with a 2" aluminum cap inscribed: "SURVEYOR SCHERBEL LTD AFTON WY P1S
11810 with appropriate details, set on each easement line;
each `corner" found as described in the Corner Record filed or to be tied in the Office of
the Clerk of Lincoln County;
\'I R \32- 118- 2911)cx (iurdncr
°Modiflcatfon in any way of the foregoing description terminates liability of the surveyor"
O0u310
EXHIBIT A
P,olaeeieMM land BW Wae
Pd N. &Mabel
Wyo. lapubapan Na tpe
lAah Repabalon NO; ta70
Mann Raci.eadoe IN. 6660
Nad a RepWatlon Mo. OOOS
&ea A. 9caaNel
WA. Rpma6on N1. A020
lob M1arooloo Nai 67attt
NARLOWkd. SCHOME.
Nye. Repbaellan Na SW
Bwwyar 8 noon, lnO.
MON WyamaN
Will p n4 WNearlhp
Adea Q1 wyon6np
Lava Na Spdpt. Idaho
Mooloolin, Idaho
DESCRIPTION FOR
DEXTER AND DEEANN GARDNER
U$FS SPECIAL USE PERMIT
PAGE TWO
all in accordance with the attached exhibit titled, "EXHIBIT TO ACCOMPANY
DESCRIPTION FOR SPECIAL USE PERMIT FOR DEXTER AND DEEANN
GARDNER WITHIN THE SW1 /4 OF UNSURVEYED SECTION 29 T32N R 118
LINCOLN COUNTY, WYOMING dated 2 December 2008, as revised
A;:irJ
REVISED: 15 July 2010
REVISED: 1 April 2009
17 March 2009
0003 1.1
\TR\32- II8- 29 \PIA Gardner
"Modification in any way of the foregoing description terminates liability of the surveyor"
Revised: oo i t
c•om,#Surveyor m_LT0.
as December z_
_W B w_ YCAR
COAT a as S
a irc ez f wy_ z
r,avie: Z JeJ r _r Ammoremst iov Ira/wow J07-216-2N7
CatYPOTR arArmspro _aOWN m —e P 440YgIN ..V1-7-11-59OtlAgt 9 -117. MY-NZ-MO
CURVE
LENGTH
DELTA
RADIUS
CHORD BEARING
CHORD
TANGENT
C1
273,45'
38'47'52"
403.83'
557'34'46 "E
268.26'
142.20'
C2
253.14'
3847'52'
373,83'
55734'46 "E
248.33'
131.64'
C3_ 158.88'
26
343.83'
S51'24'06 "E
157.27'
80.78'
1/4
S.30I5.29
M
h
Terminus
Gardner
Access
N51 7511
24'
Dexter and Deonn
Gardner
579 PR 134
0
h 1 Q 1 ks 1
Qn C' 'N 1 1
��rQf, U I l l
SPIKE OF
BEGINNING
SJ870 SO'KT
1551'
See
Detail "B"
8
a
m
M
6
W
D
OA 7E.'
ORAAW 84'
CALCULATED g)'
CA TFL'GWY rr
/7ELO 1R-
camoenz P /8E,
fay/ F LrienetW
no „TS' 41:252
Petal W
r
Not to Scale
The Bose Beoring for this survey is the west line of
Section 29, T32N R118W, being N00•01'21 "E.
4\
SPIKE OF BEGINNING
CURVE V
1
SCALE. IOO
O7 75 70; Gardner request
a /o9: min text
Revised: 03/16/09: SAS review
LEGEND
Detail "0"
Not to Sco/e
165'
NJB70'S0 e
750'
indicotes a Corner Record filed or to be flied in the
Office of the Clerk of Lincoln County.
indicotes a 5/8" x 24" steel reinforcing rod with o
bross cop inscribed: "MARLOWE A. SCHERBEL PLS 5368
AFTON WYOMING', with oppropriote details, found.
O indicates a steel T- shoped stoke 24" long with 0 metal
cop inscribed: "SURVEY POINT DO NOT DISTURB RLS 164
found,
indicates o 5/8" X 24" steel reinforcing rod with 0 2"
aluminum cop inscribed: "SURVEYOR SCHERBEL LTD AFTON
WY PLS 11810 with oppropriote details, set this survey
indicotes o 3/5" x 12" steel spike, set this svrvey.
indicotes a calculated position, no monument found or set.
indicates a centerline of eosement.
indicotes on easement line.
"nd'cotes Corporate limits of the Town of Afton.
GARDNER ACCESS
'ffir
`Q1p� mss,
/90 PIN1
the SW1 /4 of unsurveyed
TERMINUS
SWIFT CREEK ROAD ACCESS
EXHIBIT TO ACCOMPANY DESCRIPTION
FOR
USFS SPECIAL USE PERMIT
FOR
DEXTER AND DEEANN GARDNER
WITHIN THE
SWI /4 OF UNSURVEYED SECTION 29
T32N R118W
LINCOLN COUNTY, WYOMING
Sheet 2of
Copyright Q 2010 by SWVeypr Scherbel LTD. An rights reser•ea
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