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Home My WebLink About9593056011119841 PERMANENT PUBLIC FISHING AND WATERFOWL HUNTING EASEMENT 000693 Craig H. and Kerry A. Eddins, whose address is P.O. Box 1600, Thayne, Wyoming 83127, GRANTOR, for and in consideration of Ten and no /100 Dollars ($10.00) and other good and valuable consideration in hand paid, the receipt of which is hereby acknowledged, does hereby grant and convey unto the STATE OF WYOMING, WYOMING GAME AND FISH COMMISSION, whose address in 5400 Bishop Blvd., Cheyenne, Wyoming, 82006, GRANTEE, for use by the public, the following non exclusive, fishing and waterfowl hunting easement, access and other rights and privileges, and subject to the following terms, privileges, conditions, and restrictions, to -wit: 1. A permanent, non exclusive, public pedestrian fishing and waterfowl hunting easement, in and to the Salt River within a specific strip of land further described below, insofar as it traverses the following described lands as owned by the GRANTOR, to -wit: T. 33 N., R. 119 W., 6th P.M., Lincoln County, Wyoming Section 12: Portion of the SW1 /4 as depicted as Tracts A, B, D and E in Exhibit A that attached hereto and made a part hereof Said easement shall be restricted to a specific strip of land on the Subject Lands which is defined as: beginning where the Salt River enters the Subject Lands, said easement shall be from the thread of the Salt River (midstream) and extend outward and perpendicular from said thread of the river to the high -water mark located on the west bank of the Salt River, and then extending an additional fifty (50) feet further on lands above the high -water mark on the west bank. In no event shall said easement extend past the property boundary of the above described Subject Lands. Any islands are included within the easement boundary. 2. The "high -water mark" is defined to be the established riverbank as presently recognized and established, not the historic, flood, or one hundred year actual "high -water mark." The parties acknowledge that the high -water mark and the location of the river may change over time, and the parties intend that this easement and its boundaries may move in location. 3. 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. 4. The right for GRANTEE and its employees to enter the above described lands for fish stocking and other related purposes as they deem necessary. Page 1 of 4 RECEIVED 5/17/2011 at 12:44 PM RECEIVING 959305 BOOK: 766 PAGE: 693 JEANNE WAGNER 000694 5. The right for the GRANTEE to construct and maintain pedestrian foot stiles or pedestrian openings wherever existing fences cross said Salt River or said easement. Any such structure shall be constructed in a manner which prevents livestock from crossing said fence at or through the pedestrian crossing. 6. The GRANTOR also agrees that for the duration of this easement that GRANTOR shall not intentionally take any action or employ a method for the control of noxious weeds within the easement which intentionally harms, endangers or interferes with the fishery upon said lands. In addition, GRANTOR agrees that prior to the application of any and all herbicides or other chemicals used for such purposes within the easement that said use requires the prior written consent of GRANTEE. Such approval shall not be unreasonably withheld. 7. 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 perform 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. 8. 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 on the lands above described for as long as the easements herein granted remain in force and effect except upon express written permission of the GRANTEE. 9. That the GRANTOR, 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. 10. GRANTOR agrees that they will not construct or cause to be constructed any structures of whatever type on the easements described herein without first obtaining written permission from GRANTEE. 11. For purposes of documenting the valid existence of structures on the easements both parties agree that no structures or fences exist within the easement boundaries. 12. 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. Page 2 of 4 000695 13. 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. 14. 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 U.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. 15. The State of Wyoming, Wyoming Game and Fish Commission does not waive sovereign immunity by entering into this permit, 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. GRANTOR: Dated this Craig H. Tins STATE OF C,) ss COUNTY OF THIS SPACE INTENTIONALLY LEFT BLANK day of 4 2011. Page 3 of 4 My commission expires: GRANTOR: rry A. Ed STATE OF COUNTY OF My commission expires: 1 9 /5 ss Notary Public i Notary Public Page 4 of 4 GLORIA K. BYERS County of Lincoln 00069E On this day of H. Eddins, landowner, who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. 2011, before me personally appeared Craig NOTARY PUBLIC State of Wyoming My Commission Expires September 15, 2011 On this l day of (en 2011, before me personally appeared Kerry A. Eddins, landowner, who executed the foregoing instrument and acknowledged that she executed the same as her free act and deed. V. ire er OI �i,Dl w�.. N ota LESLIE C. STAPLES Commission My Commission Expires Oscomber t4, 2014 Larr hemeam.A H 4 a' a) a.) cz3 LI 0 0 4-4 kr) "C) ci) 0 0 P-1 000697 000698