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HomeMy WebLinkAbout962893U.S. Department of Agriculture Natural Resources Conservation Service KE(:LIVED 1/24/2012 at 2:08 PM RECEIVING 962893 BOOK: 779 PAGE: 763 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY RESERVED RIGHTS PILOT WARRANTY EASEMENT DEED THIS WARRANTY EASEMENT DEED is made by and between K enneth R. and Andra L. Petersen Of P.O. Box 422, Cokeville, WY 83114 (hereafter referred to as the "Landowner Grantor(s), and the UNITED STATES OF AMERICA, by and through the Commodity Credit Corporation (CCC) (hereafter referred to as the "United States Grantee. The Landowner and the United States are jointly referred to as the "Parties The acquiring agency of the United States is the Natural Resources Conservation Service (NRCS), United States Department of Agriculture. Witnesseth: NRCS- LTP -33 4/2010 WETLANDS RESERVE PROGRAM EASEMENT NO. 66- 8E49 -0 -1090 Purposes and Intent. The purpose of this easement is to restore, protect, manage, maintain, and enhance the functional values of wetlands and other lands, and for the conservation of natural values including fish and wildlife and their habitat, water quality improvement, flood water retention, groundwater recharge, open space, aesthetic values, and environmental education. It is the intent of NRCS to give the Landowner the opportunity to participate in the restoration and management activities on the easement area. By signing this deed, the Landowner agrees to the restoration of the easement area and grants the right to carry out such restoration to the United States. Authority. This easement deed acquisition is authorized by Title XII of the Food Security Act of 1985, as amended (16 U.S.C. §3837), for the Wetlands Reserve Program. NOW THEREFORE, for and in consideration of the sum of eight hundred fifty eight thousand two hundred seven and eighty -four hundredths Dollars 858,207.84 the Grantor(s), hereby grants and conveys with general warranty of title to the UNITED STATES OF AMERICA and its assigns, (the Grantee), 0 in perpetuity or 0 for a period of 30 years, all rights, title and interest in the lands comprising the easement area described in Part I and appurtenant rights of access to the easement area, but reserving to the Landowner only those rights, title, and interest expressly enumerated in Part II. It is the intention of the Landowner to convey and relinquish any and all other property rights not so reserved. This easement shall constitute a servitude upon the land so encumbered; shall run with the land for the duration of the easement; and shall bind 1 00103 the Landowner, (the Grantor(s)), their heirs, successors, assigns, lessees, and any other person claiming under them. SUBJECT, however, to all valid rights of record, if any. PART I. Description of the Easement Area. The lands encumbered by this easement deed, referred to hereafter as the easement area, are described on EXHIBIT A which is appended to and made a part of this easement deed. TOGETHER with a right of access for ingress and egress to the easement area across adjacent or other properties of the Landowner. Such a right -of -way for access purposes is described in EXHIBIT B which is appended to and made a part of this easement deed. PART II. Reservations in the Landowner on the Easement Area. Subject to the rights, title, and interest conveyed by this easement deed to the United States, including the restoration, protection, management, maintenance, enhancement, and monitoring of the wetland and other natural values of the easement area, the Landowner reserves: A. Title. Record title, along with the Landowner's right to convey, transfer, and otherwise alienate title to these reserved rights. B. Quiet Enjoyment. The right of the Landowner to enjoy the rights reserved on the easement area without interference from others. C. Control of Access. The right to prevent trespass and control access by the general public subject to the operation of State and Federal law. D. Recreational Uses. The right to undeveloped recreational uses, including undeveloped hunting and fishing and leasing of such rights for economic gain, pursuant to applicable State and Federal regulations that may be in effect at the time. Undeveloped recreational uses must be consistent with the long- term protection and enhancement of the wetland and other natural values of the easement area. Undeveloped recreational use may include hunting equipment, such as, tree stands and hunting blinds that are rustic and customary for the locale as determined by NRCS. E. Subsurface Resources. The right to oil, gas, minerals, and geothermal resources underlying the easement area, provided that any drilling or mining activities are to be located outside the boundaries of the easement area, unless activities within the boundaries are specified in accordance with the terms and conditions of EXHIBIT C which is appended to and made a part of this easement deed, if applicable. 00764 2 F. Water uses and water rights. The right to water uses and water rights identified as reserved to the Landowner in EXHIBIT D which is appended to and made a part of this easement deed, if applicable. G. Grazing. The Landowner reserves the right to graze the easement area in accordance with the terms and conditions of EXHIBIT E, which is appended to and made a part of this easement deed. PART III. Obligations of the Landowner. The Landowner shall comply with all terms and conditions of this easement, including the following: A. Prohibitions. Without otherwise limiting the rights of the United States acquired hereunder, it is expressly understood that the rights to carry out the following activities and uses have been acquired by the United States and, unless authorized by the United States under Part IV, are prohibited on the easement area: 1. haying, mowing, or seed harvesting for any reason; 2. altering of grassland, woodland, wildlife habitat or other natural features by burning, digging, plowing, disking, cutting or otherwise destroying the vegetative cover, except for grazing carried out in accordance with EXHIBIT E; 3. dumping refuse, wastes, sewage, or other debris; 4. harvesting wood products; 5. draining, dredging, channeling, filling, leveling, pumping, diking, impounding, or related activities, as well as altering or tampering with water control structures or devices, except as specifically set forth in EXHIBIT D, if applicable; 6. diverting or causing or permitting the diversion of surface or underground water into, within, or out of the easement area by any means, except as specifically set forth in EXHIBIT D, if applicable; 7. building, placing, or allowing to be placed structures on, under, or over the easement area, except for structures for undeveloped recreational use; 8. planting or harvesting any crop; 9. disturbing or interfering with the nesting or brood rearing activities of wildlife including migratory birds; 10. use of the easement area for developed recreation. These uses include but are not limited to, camping facilities, recreational vehicle trails and tracks, sporting clay operations, skeet shooting operations, firearm range operations and the infrastructure to raise, stock, and release captive raised waterfowl, game birds and other wildlife for hunting or fishing; 11. any activities which adversely impact or degrade wildlife cover or other habitat benefits, water quality benefits, or other wetland functions and values of the easement area; and 00765 3 12. any activities to be carried out on the Landowner's land that is immediately adjacent to, and functionally related to, the land that is subject to the easement if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land. B. Noxious Plants and Pests. The Landowner is responsible for noxious weed control and emergency control of pests as required by all Federal, State, and local laws. A plan to control noxious weeds and pests must be approved in writing by the NRCS prior to implementation by the Landowner. C. Fences. Except for establishment cost incurred by the United States and replacement cost not due to the Landowner's negligence or malfeasance, all other costs involved in maintenance of fences and similar facilities to manage livestock shall be the responsibility of the Landowner. The installation or use of fences which have the effect of impeding wildlife movement on to, off of, or within the easement area are prohibited on the easement or easement boundary. D. Use of water for easement purposes. The landowner shall use water for easement purposes as set forth in EXHIBIT D, which is appended to and made a part of this easement deed, if applicable. E. Protection of water uses and water rights. As set forth in EXHIBIT D, if applicable, the Landowner shall undertake actions necessary to protect any water rights and water uses for easement purposes. F. Taxes. The Landowner shall pay any and all real property and other taxes and assessments, if any, which may be levied against the land. G. Reporting. The Landowner shall report to the NRCS any conditions or events which may adversely affect the wetland, wildlife, and other natural values of the easement area. H. Survival. Irrelevant of any violations by the Landowner of the terms of this deed, this easement survives and runs with the land for its duration. PART IV. Compatible Uses by the Landowner. A. General. The United States may authorize, in writing and subject to such terms and conditions the NRCS may prescribe at its sole discretion, the use of the easement area for compatible economic uses, including, but not limited to, managed timber harvest, periodic haying, or livestock water development. 4 0076 f B. Limitations. Compatible use authorizations will only be made if, upon a determination by NRCS in the exercise of its sole discretion and rights, that the proposed use is consistent with the long -term protection and enhancement of the wetland and other natural values of the easement area. The NRCS shall prescribe the amount, method, timing, intensity, and duration of the compatible use. PART V. Rights of the United States. The rights of the United States include: A. Management activities. The United States has the right to enter the easement area to undertake, on a cost -share basis with the Landowner or other entity as determined by the United States, any activities to restore, protect, manage, maintain, enhance, and monitor the wetland and other natural values of the easement area. The United States may apply to or impound additional waters, in accordance with State water law, on the easement area in order to maintain or improve wetland and other natural values. B. Access. The United States has a right of reasonable ingress and egress to the easement area over the Landowner's property, whether or not the property is adjacent or appurtenant to the easement area, for the exercise of any of the rights of the United States under this easement deed. The authorized representatives of the United States may utilize vehicles and other reasonable modes of transportation for access purposes. To the extent practical, the United States shall utilize the access identified in EXHIBIT B. C. Easement Management. The Secretary of Agriculture, by and through the NRCS, may delegate all or part of the management, monitoring or enforcement responsibilities under this easement to any entity authorized by law that the NRCS determines to have the appropriate authority, expertise and resources necessary to carry out such delegated responsibilities. State or federal agencies may utilize their general statutory authorities in the administration of any delegated management, monitoring or enforcement responsibilities for this easement. The authority to modify or terminate this easement (16 U.S.C. §3837e(b)) is reserved to the Secretary of Agriculture in accordance with applicable law. D. Violations and Remedies Enforcement. The Parties, Successors, and Assigns, agree that the rights, title, interests, and prohibitions created by this easement deed constitute things of value to the United States and this easement deed may be introduced as evidence of same in any enforcement proceeding, administrative, civil or criminal, as the stipulation of the Parties hereto. If there is any failure of the Landowner to comply with any of the provisions of this easement deed, the United States or other delegated authority shall have any legal or equitable remedy provided by law and the right: 5 00767 1. To enter upon the easement area to perform necessary work for prevention of or remediation of damage to wetland or other natural values; and, 2. To assess all expenses incurred by the United States (including any legal fees or attorney fees) against the Landowner, to be owed immediately to the United States. PART VI. General Provisions. A. Successors in Interest. The rights granted to the United States shall accrue to any of its agents or assigns. All obligations of the Landowner under this easement deed shall also bind the Landowner's heirs, successors, agents, assigns, lessees, and any other person claiming under them. All the Landowners who are parties to this easement deed shall be jointly and severally liable for compliance with its terms. B. Rules of Construction and Special Provisions. All rights in the easement area not reserved by the Landowner shall be deemed acquired by the United States. Any ambiguities in this easement deed shall be construed in favor of the United States to effect the wetland and conservation purposes for which this easement deed is being acquired. The property rights of the United States acquired under this easement shall be unaffected by any subsequent amendments or repeal of the Wetlands Reserve Program. If the Landowner receives the consideration for this easement in installments, the Parties agree that the conveyance of this easement shall be totally effective upon the payment of the first installment. C. Environmental Warranty. "Environmental Law" or "Environmental Laws" means any and all Federal, State, local or municipal laws, orders, regulations, statutes, ordinances, codes, guidelines, policies, or requirements of any governmental authority regulating or imposing standards of liability or standards or conduct (including common law) concerning air, water, solid waste, hazardous materials or substance, worker and community right -to- know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials, and any other element, compound, 6 00768 mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Landowner warrants that it is in compliance with, and shall remain in compliance with, all applicable Environmental Laws. Landowner warrants that there are no notices by any government authority of any violation or alleged violation of, non compliance or alleged non compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. Landowner further warrants that it has no actual knowledge of a release or threatened release of Hazardous Materials, as such substance and wastes are defined by applicable Federal and State law. D. General Indemnification. Landowner shall indemnify and hold harmless the United States, its employees, agents, and assigns for any and all liabilities, claims, demands, loses, expenses, damages, fines, fees, penalties, suits, proceedings, actions, and cost of actions, sanctions asserted by or on behalf of any person or government authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which the United States may be subject or incur relating to the easement area, which may arise from, but is not limited to, Landowner's negligent acts or omissions or Grantor's breach of any representation, warranty, covenant, agreements contained in this easement deed, or violations of any Federal, State, or local laws, including all Environmental Laws. 7 00769 COU" JTY OF UINTA TO HAVE AND TO HOLD, this Warranty Easement Deed is granted to the United States of America and its assigns. The Landowner covenants that he, she, or they are vested with good title to the easement area and will warrant and defend the same on behalf of the United States against all claims and demands. The Landowner covenants to comply with the terms and conditions enumerated in this document for the use of the easement area and adjacent lands for access, and to refrain from any activity not specifically allowed or that is inconsistent with the purposes of this easement deed. Dated this p` Q day of L' Ce m bl?,r 2 611 Landowner(s): STATE OF Yr COUNTY OF (A` On this .Y day of ACCo+Naar 2 c' 11 before me, the undersigned, a Notary Public in and for said State personally appeared known or proved to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that 9‘1.7 executed the same as free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal the day and year first above written. SHAWN R UNGERMAN NOTARY PlieLC STATE OF '01AINO MY COMMISSION EXPIRES MAY 12. mem., Fm ACKNOWLEDGMENT N ry Public for the State of Residing at E My Commission Expires 4.-11 8 00770 ACCEPTANCE BY GRANTEE: I l� 1+ (F 4 r t fit (name), k.1' t: `r i .1' Y('t being the duly authorized representative of the United States Department of Agriculture, Natural Resources Conservation Service, do hereby accept this Conservation Easement Deed with respect to the rights and duties of the United States of America, Grantee. Dated this day of ;11,e..etca igna Title This instrument was drafted by the Office of the General Counsel, U.S. Department of Agriculture, Washington, D.C. 20250 -1400. NONDISCRIMINATION STATEMENT The U.S. Department of Agriculture (USDA) prohibits discrimination in all its program 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 a part of an individual's income is derived from any public assistance program. (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 (1202) 720 -2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250 -9410 or call (800) 705 -3272 (voice) or (202) 720 -6382 (TDD). USDA is an equal opportunity provider and employer. PRIVACY ACT STATEMENT The above statements are made in accordance with the Privacy Act of 1974 (U.S.C. 522a). Furnishing this information is voluntary; however, failure to furnish correct, complete information will result in the withholding or withdrawal of such technical or fmancial assistance. The information may be furnished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or other State or Federal Law enforcement agencies, or in response to orders of a court, magistrate, or administrative tribunal. This information collection is exempted from the Paperwork Reduction Act, as it is required for administration of the Food, Conservation, and Energy Act of 2008 (see Pub. L. 110 -246, Title II, Subtitle J Miscellaneous Conservation Provisions). 9 00771 Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR KENNETH R. PETERSEN AND ANDRA L. PETERSEN NRCS EASEMENT #66- 8E49 -0 -1090 To -wit: ExhibitA 04 772 That part of Tracts 74 and 76 of the 1913 Resurveys of T22N R119W and T22N R120W, and GLO Lot 8 and GLO Lot 9 of Section 30, T22N R1 19W, and GLO Lot 2 of Section 25, T22N R120W, described as follows: BEGINNING at Corner No. 2 of said Tract 74; thence N89 26' -17 "W, 54.93 feet, along the south line of said Tract 74, to the northeast corner of GLO Lot 8; thence S00 24' -47 "W, 734.86 feet, along the east line of said GLO Lot 8 and GLO Lot 9, to a point on an existing fence line; thence N75 48' -36 "W, 2109.34 feet, along said fence line, to a point; thence N04 39' -49 "W, 440.21 feet, to a point; thence N27 17' -41 "W, 121.02 feet, to a point; thence N52 52' -18 "W, 498.44 feet, to a point; thence N34 20' -49 "W, 1289.41 feet, to a point; thence S77 27' -39 "W, 861.10 feet, to a point; thence N00 34' -48 "W, 1508.09 feet, to a point; thence N78 48' -13 "E, 267.89 feet, to a point; thence N00 59' -42 "W, 227.94 feet, to a point; thence N32 25' -27 "E, 2253.44 feet, to a point; thence N11 17' -11 "E, 1608.00 feet, to a point; thence N55 13' -26 "E, 1806.23 feet, to a point; thence NO3 55' -42 "E, 1834.51 feet, to a point on an east/west fence line; thence S89 18' -32 "E, 2352.59 feet, along said fence line, to a point on the westerly right -of -way line of the Oregon Short Line Railroad; thence S11 08' -37 "W, 3035.63 feet, along said westerly line, to a point on the south line of said Tract 76; thence N89 15' -47 "W, 907.99 feet, along said south line, to Corner No. 1 of Tract 74; thence S00°-37'-0 "W, 6640.25 feet, along the east line of said Tracz 74 to the CORNER O BEGINNING; AND BEGINNING at a point on the south line of said Tract 76, N89 15' -47 "W, 1074.96 feet, from Corner No. 2 thereof; thence N89 15' -47 "W, 460.00 feet, along said south line, to a point on the easterly right -of -way line of the Oregon Short Line Railroad; thence N11 08' -37 "E, 460.00 feet, along said easterly line, to a point; \T &R \22- 120 \Kenneth Petersen -NRCS "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR KENNETH R. PETERSEN AND ANDRA L. PETERSEN AND NRCS NRCS #66- 8E49 -0 -1090 PAGE TWO 0 0773 thence S89 15' -47 "E, 460.00 feet, along a line parallel with said south line, to a point; thence S11 08' -37 "W, 460.00 feet, along a line parallel with said easterly line, to the POINT OF BEGINNING; ENCOMPASSING an area of 690.36 acres, more or less; the BASE BEARING for this survey is the west line of Section 19, T22N R119W, being N00 30' -52 "E; it is the intent of this description that the called -for monuments, and not the existing fence lines, control the location of the property lines; TOGETHER WITH a right of ingress, egress and utilities over, under and across a strip of land, thirty (30) feet in width, being part of the SE1 /4NW1 /4, Lot 8, and Lot 9 of Section 30, T22N, R119W and Lot 2 and Lot 3 of Section 25, T22N, R120W, Lincoln County, Wyoming, with the southerly line described as follows: BEGINNING at an intersection with the west line of said Section 30, N00 °30'52 "E, 4232.29 feet, from the southwest corner of said Section 30; thence S74 °15'54 "E, 1833.71 feet, to the beginning of a circular curve to the left; thence easterly, 260.62 feet, along the arc of said curve, through a central angle of 30 °42'37" with radius of 486.24 feet; thence N75 °01'29 "E, 175.16 feet, to the beginning of a circular curve to the right; thence easterly, 295.02 feet, along the arc of said curve, through a central angle of 27°18'17" with radius of 619.07 feet; thence S77 °40' 14 "E, 86.56 feet, more or less, to an intersection with the east line of said SE1 /4NW1 /4; AND BEGINNING at an intersection with the east line of said Lot 2, N00 °30'52 "E, 4232.29 feet, from said southeast comer of said Section 25; thence N74 °15'54 "W, 1484.98 feet, to the beginning of a circular curve to the left; thence northwesterly, 323.22 feet, along the arc of said curve, through a central angle of 12 °41'52" with radius of 1458.44 feet; thence N86 °57'46 "W, 662.03 feet; with the northerly line lengthened or shortened as necessary to create a continuous easement, thirty (30) feet in width from the east line of said SE1/4NW1/4 to the end of the above described easement; AND TOGETHER with a right of ingress and egress and utilities over, under and across a strip of land thirty (30) feet in width, described as follows: BEGINNING at a position on the south line of the above referenced Tract 74, N89 -26'- 07"W, 2124.73 feet from Corner No. 2 thereof; \T&R\22 -120 \Kenneth Petersen -NRCS "Modification in any way of the fc 3 description terminates liability of the Dr" Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR KENNETH R. PETERSEN AND ANDRA L. PETERSEN AND NRCS NRCS #66- 8E49 -0 -1090 PAGE THREE 00'774 thence SO4 39' -49 "E, 253.84 feet, to a position on the northerly right -of -way line of BQ Drive; thence N74 15' -54 "W, 32.01 feet, along said right -of -way line, to a position; thence N04 39' -49 "W, 443.04 feet, to a position; thence N85 20' -11 "E, 30.00 feet, to a point; thence SO4 39' -49 "E, 201.26 feet, to the POSITION OF BEGINNING; RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under and across a strip of land thirty (30) feet in width, being fifteen (15) feet each side of the following described centerline: BEGINNING at a position on a southerly line of the above described NRCS EASEMENT, N12 16' -08 "E, 1034.23 feet, from the southwest corner of the SE1 /4 of Section 24, T22N R120W, Lincoln County, Wyoming; thence N13 42' -57 "W, 1473.08 feet, to a position on a northerly line of said NRCS EASEMENT; the easterly and westerly right -of -way lines of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of thirty (30) feet to meet the northerly and southerly lines of the NRCS EASEMENT as referenced; that it is intended that this description described the centerline of an existing two -track road; should it be determined that the position of the actual two -track road differs from that described herein, the centerline of the actual road automatically becomes the centerline of this description and easement; AND RESERVING unto the Grantors, their heirs, successors and assigns a perpetual right of ingress and egress and utilities over, under and across a strip of land thirty (30) feet in width, being fifteen (15) feet each side of the following described centerline, in order to operate, maintain and repair an existing pipeline: BEGINNING at a point on the westerly line of the above described NRCS EASEMENT, S65 50' -22 "W, 1587.39 feet, from the northeast corner of Section 24, T22N R120W, Lincoln County, Wyoming; thence N34 35' -49 "E, 3167.18 feet, to a point on said westerly line; the easterly and westerly right -of -way lines of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of thirty (30) feet; that it is intended that this description describe the centerline of an existing underground pipeline; should it be determined that the position of the actual pipeline differs from that described herein, the centerline of the actual pipeline automatically becomes the centerline of this description and easement; each "corner" found as described in the Corner Record filed or to be filed in the Office of the Clerk of Lincoln County; \T &R\22- 120\Kenneth Petersen -NRCS "Modification in any way of the foregoing description terminates liability of the surveyor" Professional Land Surveyors Paul N. Scherbel Wyo. Registration No. 164 Utah Registration No. 1670 Idaho Registration No. 3990 Nevada Registration No. 6805 Scott A. Scherbel Wyo. Registration No. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. Registration No. 5368 Surveyor Scherbel, LTD. Afton, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hot Springs, Idaho Montpelier, Idaho DESCRIPTION FOR KENNETH R. PETERSEN AND ANDRA L. PETERSEN AND NRCS NRCS #66- 8E49 -0 -1090 PAGE FOUR each "point" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 11810 with appropriate details; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled, "PLAT OF NRCS EASEMENT #66- 8E49 -0 -1090 FOR KENNETH R. PETERSEN AND ANDRA L. PETERSEN WITHIN GLO LOT 8 GLO LOT 9 SECTION 30 TRACT 76 T22N R119W GLO LOT 2 GLO LOT 3 TRACT 44 TRACT 74 T22N R120W LINCOLN COUNTY, WYOMING dated 21 September 2010, as revised. /z '014 18 July 2011 REVISED 6 December 2010 REVISE 30 September 2010 007 5 \T &R\22 -120 \Kenneth Petersen -NRCS "Modification in any way of the fc j description terminates liability of the Dr"