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HomeMy WebLinkAbout961120THEREFORE, the State of Wyoming, acting through its Board of Land Commissioners (Grantor), for and in consideration of the payment of One thousand fifty-eight and 25/100 dollars ($1,058.25) hereby grants and conveys to 0 Kellan Bagley his heirs, administrators, successors, executors, legal representatives, and assigns for perpetual 4 use, in the following described tract of land, a non exclusive roadway easement, more particularly described as follows: WHEREAS the Board of Land Commissioners approved this grant of easement on April 7, 2011; All that portion of the SW4SE4 of Section 16, T.31N., R.119W., of the 6th P.M., Lincoln County, Wyoming, said access road easement being 30 feet wide, 15 feet on each side of the centerline, when measured at right angles as described on the attached exhibits. The described parcel of land contains 0.46 acres, more or less. See attached Exhibits A B STATE OF WYOMING PERPETUAL ROADWAY EASEMENT Easement No. 8466 000263 These descriptions are based on a survey done by and under the authority of, Marlowe A. Scherbel with Wyoming PLS No. 5368, certified in January of 1997. This roadway easement shall benefit and provide ingress and egress to the following described property for a single family dwelling: Township 31 North, Range 119 West Section 21: Part of the NE4, 5.0 acres more or less TO HAVE AND TO HOLD this easement across the above described tract of land for the purpose of locating, constructing, using, inspecting, maintaining, improving, and repairing the above described non exclusive roadway, subject to the following conditions: 1. The rights granted herein shall forever be subject to the rights of the Grantor, its assigns or lessees to explore for, develop, and extract any and all minerals or other subsurface resources beneath this easement. If required for mineral exploration, development or extraction, the Grantee shall, upon written notice from the Grantor, remove or relocate at its own expense the above described roadway. 2. Upon abandonment or discontinuance of use of this easement for the purposes specified above, all of Grantee's rights under this grant of easement shall revert to the Grantor or its assigns, the same as if this grant had never been made. Should this easement be abandoned by the Grantee, the above described tract of land shall be returned to a condition satisfactory to the Grantor. 3. This easement does not include the right to make use of the road for residential developments. 4. For record keeping purposes only, any transfer in ownership of the benefited property, or any change of name or mailing address of the owner of this easement, shall be reported to the Office of State Lands and Investments within thirty days (30) of the transfer or change. The State of Wyoming and the Board of Land Commissioners do not waive their sovereign immunity by entering into this agreement and specifically retain immunity and all defenses available to them as sovereigns pursuant to Wyo. Stat. 1- 39- 104(a) and all other law. IN TESTIMONY WHEREOF, the Board of Land Commissioners has caused this instrument to be signed by its President and countersigned by its Secretary, and its seal to be affixed on the 17 day of June, 2011. Countersigned: Attorney General's Office Approval as to Form: CO, '1 B 'dget H'�l, Assistant Attorney General Governor, Presiden Board of Land Commissioners Direct i ecretary Office`. 'Tate Lands In tments RECEIVED 9/23/2011 at 4:54 PM RECEIVING 961120 BOOK: 773 PAGE: 263 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 41 Examined Professional Land Surveyors Paul N. Scherbel Registration No. 164 Scott A. Scherbel Registration No. 3889 Marlowe A. Scherbel Registration No. 5368 SURVEYOR SCHERBEL, LTD. Big Piney, Wyoming 83113 Jackson, Wyoming 83001 Afton, Wyoming 83110 Paul N. Scherbel Idaho Registration No 1990 DESCRIPTION FOR RIGHT -OF -WAY ACROSS LANDS OF THE STATE OF WYOMING OF HATHAWAY LANE EASEMENT To- wit: 8 nuary 1 hathawrd.eas State of Wyoming Easement No. 8466 Exhibit A Original in Easement #5810 000264 A strip of land thirty (30) feet in width being part of the SW /SE of Section 16, T31N, R119W, Lincoln County, Wyoming, with the center line described as follows: BEGINNING at an intersection of the center line of an existing lane and the south line of said SW' %SE N89°-37'-06"E, 215.17 feet from the southwest corner of said SW found as described in the Corner Record filed in said Office; thence coursing said center line as follows: N08 35' -21 "E, 66.68 feet to a spike; N47 24' -40 "W, 70.50 feet to a spike; N77 58' -15 "W, 122.08 feet to a spike; N26 54' -53 "E, 87.00 feet to a spike; N07 44' -37 "W, 332.35 feet to an intersection with the center line of the Fairview Spring Creek County Road No. 12 -144; ENCOMPASSING an area of 0.46 acres, more or less; the BASE BEARING for this survey is the north line of the NW of Section 10, T31N, R119W, being WEST; each "intersection" and "spike" marked by a 3/8" x 12" steel spike and referenced by two (2) 5/8" x 24" steel reinforcing rods with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368" with appropriate details; all in accordance with the plat prepared for said easement titled, "PLAT TO ACCOMPANY APPLICATION FOR RIGHT -OF -WAY ACROSS LANDS OF THE STATE OF W.' NG IN SECTION 16, T31N R119W LINCOLN CO OMING dot September 1996. nn way of fFia fnraeninQ description terminates liability Ur rveyor STATE OF WYOMING COUNTY OF LINCOLN SS... Marlowe A. Scherbel states he is by occupation a Professional Land Surveyor employed by Zane Hathaway to make the survey of the lane as described and shown on this plat; that the survey of said lane was made on 22 May 1996 by Forrest Grady Creamer, under his supervision, and from records in the Office of the Clerk of Lincoln County for the Fairview Spring Creek County Road No. 12 -144; and that the survey is accurately represente• •on this plat. Professional Land Sury Registration No. 5368 Date �'WOM 1NG The foregoing instrument was acknow e•ged before me by Marlowe A. Scherbel this th day of 1997. Witness my hand and official seal. N.O•ry Public My commission expires: DETAIL Ro 12 aiNie'N Q $;1 m Gaunt' N79' 492^ P1 137 +17.48 N fg�31 .55 :124:e4.50 16?•63�xl t�I` _Hathaway m 4 S S.16 .e.��A V'�.'`es_�v�'0 J 0 Cf[r G,.a„ 0 1''.oncy A. Thomas Notary Puaik �S County of i Siat'e of Lincoln Wyoming My Commission Expires. N26 '54'53"E 87.00' PI N77'58'15 "W 122.08' O 1 �d 215.17' 199.96` 589'37'08 "W Spike of Beginning Hathaway Lane N0T44'37 'W 332.35' Width of right -of -way is 30' ate 2 47'24'40"W 70.50' 1 N08'35'21'E 66.68' eJ 2437.35 ^15 19 '2422.70' 200 2652.56' SCALE' J 20O Width of right —of —way 30 feet Length of right —of —way 698.37 feet Acreage of right —of —way 0.46 acre, all in the SW1 /4SE1 /4 of Section 16, T31 N, R119W Drawn By. Bill Hare n� +,a• 11 September 1996 )ok: ZP -85 pp. 41 -42 Tr \7AKIF') nrn Plot Date: 400 S.16{S.15 S.22 LEGEND CD 12 March 1997 indicates Comer Record filed in the Office of the Clerk of Lincoln County. indicates a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368 with appropriate details, set this survey. indicates a 3/8" x 12" steel spike, set this survey. indicates a 1/4" x 7" steel spike, found. indicates an existing fence line. indicates a right —of —way line. co O 00 0265 The Base Bearing for this survey is the north line of the NW1 /4 of Section 10, T31N, R119W, being WEST. SIW1f4SB114 SECTION 16 T31 R119W 1 S.9 N89:4712'r 2857,85' 4 .16 N8 4TOO 2656.78 S 9 S.10 S.16I S.15 2855.95' S4 S.16 O' 2000' 589'37'06 W 2852.5 S.16 CC S.21 S.22 4000 SCALE' .f 2000 PLAT ACO1411"ANY APPLICATION 1OlR RIGHT-OF-WAY ACROSS LANDS OF TER STATE OF WYOMING IN SECT= 16, T31N, R119W LINCOLN caftan WYOMING APPUCANT: Zane K. Hathaway Box 51, 99 First West Fairview, Wyoming 83119 Scaz 1i Yfa. >L c ME R� L, Tx). PROFESSIONAL LAND SGP!fYO BOX 4296 5IG PIAEY -,414, L FOM, 11YAYIN9 83.1.13-- TELEPHONE' 307 -276 -3347 BOX 725 AFTOH Nfl#INO 93110 TELEPHONE 907 -886 -9319 ✓ACKS0/ fr t?N6 -1I 307- 733--5909 LA VA, IDAHO -Ti 208-775-5990