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HomeMy WebLinkAbout874990State of Wyoming County of Sublette ss... File: Spring Canyon Affidavit AFFIDAVIT 81 X9 BOOK t J PR PAGE_ 2 y RECEIVED EIVED I COUi'.i_ Y CLERK i t 1.11 N Comes now Paul N. Scherbel of Big Piney, County of Sublette, State of Wyoming, who being duly sworn on oath according to law does hereby make the following statement of facts and affirms: 1. That he is a Professional Land Surveyor under the laws of the State of Wyoming with registration number 164. 2. That he participated in the surveying and mapping for the SPRING CANYON RANCHES SUBDIVISION in the NW1/4 of Section 12 and the NE1/4 and E1/2NW1/4 of Section 11, T24N, R116W, Lincoln County, Wyoming. 3. That access for this subdivision required the obtaining of a right -of -way across lands of the United States of America administered by the Bureau of Land Management from the Sublet Pomeroy Basin County Road No. 12 -206 to the subdivision in Lot 5 of Section 7, T24N, R115W. 4. That an application for right -of -way was made to said Bureau on 15 May 1981 and that said Bureau granted said right -of -way under date of 26 August 1981, serial number W -75445 (470). 5. That a copy of the right -of -way grant from said Bureau is attached as Exhibit "A" and consists of nine (9) sheets. 6. That this affidavit is filed for the purpose of giving public notice of the existence of said right -of -way in accordance with Wyoming Statutes, 1999, as amended, Section 34 -11 -101. The foregoing instrument was acknowledged before me by Paul N. Scherbel this 31 day of July, 2001. Witness my SUSAN Y. HCFFMA.N Notary Public State of Wyom :n j sullen') County, WyarJ c t.S 6j Comaidon ItOss3Dsa Notary Public 0874960 NAME OF GRANTEE: AUTHORIZED USE DATE: 8/26/81 Enclosures United States Department of the Interior 2800 W -75445 (4 BUREAU OF LAND MANAGEMENT Kemmerer Resource Area Office P.O. Box 632 Kemmerer, Wyoming 83101 RIGHT-OF-WAY By decision of the Bureau of Land Management, United States Department of the Interior, a right --way is hereby granted to the grantee named below for the Purposes and duration herein defined. This right -of -way grant is issued pursuant to Title V of the Federal Land Policy and Management Act of October 21, 1976, 43 U.S.C. 1761 -1771 (1976). There is hereby reserved to the Secretary of the Interior, or his lawful delegate, the right to grant additional rights -of -way or permits for compatible uses on, over, under, or adjacent to the land involved in this grant. SERIAL NUMBER: W -75445 DATE OF FILING: May 15, 1981 Battlefield, Inc. P.O. Box 946 Kemmerer, Wyoming 83101 An access road leading to the Spring Canyon Ranch Subdivision. Right of way width is 50 feet, being to the extent of 25 feet on either side of the centerline MAP DESIGNATION: Spring Canyon Ranch access road easement drawn up by Bennett Carder and Assoc., Inc. on January 5, 1981. Dt7RATION OF GRANT: 30 years; expires August 25, 2011. This right -of -way is granted with the right of renewal at the end of its term as set forth in 43 CFR 2803.6 -5(a) r -i 19-4,--taw-4a lam -x�us cc; WSO (952) w /stipulations and map RSDO w /stipulations and map 730 r'0: RENTAL: Initial fee is $25.00 for a one -year period, subject to appraisal. The net payment is due Atu 2 5; 1982. Fee to be determined through appraisal of the grant. This grant is subject to all valid rights existing on the below stated date of execution. The grant, if issued for a term of 20 years or more shall be reviewed at the end of the first 20 years and every 10 years thereafter. The right of- way shall be relinquished to the United States if the authorized use is no longer needed. A transfer of the right -of -way will be made in accordance with the regulations; no transfer will be recognized unless it is approved by an authorized officer of the Bureau of Land Management. If the grantee or his successor in interest violates any of the terms and conditions of this grant, or if rental is not paid as required by the regulations, the Secretary of the Interior or his lawful delegate, after giving written notice and an opportunity to cure the noncompliance; or if by its terms the grant is an easement, an opportunity for a hearing, may declare this grant terminated in whole or in part pursuant to Section 506 of the Federal Land Policy and Management Act. This grant is subject to the attached stipulations consisting of 4 pages which are incorporated herein. WY 2800 --30 (Aug. 1981) 08749G0 R. 115 Lahci yor.ttrwrt.LE sAsitv 4. t 32'3O' 73 SOUTH FQRK MOUNTAIN QUADRANGLE *.*Y0iv1itIO-LiNCOLN CO, 7.5 MINUTE SERIES (TOPOGRAPHIC) 3go 000 FEET Su (1 71W 11P OS949 €0 1. General Stipulations for W -75445 732 A. This right-of-way is subject to all applicable regulations contained in 43 CFR 2800 as they now exist or as they may hereafter be revised. By signing below, the grantee agrees to abide by these regulations and by the following stipulations. The regulations in 43 CFk 2800 re- lating to this grant are not repeated in the following stipulations. A copy of the applicable regulations will be provided upon request, B. Any cultural resource (hist=oric or prehistoric site or object) dis- covered by the grantee, or any person working on his behalf, shall be immediately reported to the authorized officer. Grantee shall suspend all operations in the area of such discovery until written author- ization to proceed is issued by the authorized officer. An evaluation of the discovery will be made by the 137_M to determine appropriate actions to prevent the loss of significant cultural. values. The BLM will be responsible for the cost of evaluations and for mitigation unless otherwise stated in these stipulations. C. Grantee shall conduct all activities directly or indirectly associated with the construction, operation, and maintenance of this facility within the limits of this right -of -way. In the event that areas outside of the right -of -way are needed, grantee shall obtain a sep- arate authorization for that use. D. The grantee shall comply with the applicable Federal and State laws and regulations concerning the use of pesticides (i.e., insecticides, herbicides, fungicides, rodenticides, and other similar substances) in all act ivities /operations under this grant. The grantee shall obtain from the Authorized Officer approval of a written plan prior to the use of such substances. The plan must provide the type and quantity of material to be used; the pest, insect, fungus, etc. to be con- t=rolled; the method of application; the location for storage and disposal of containers; and other information that the Authorized Officer may require. The plan shall be submitted no later than December of any calendaz.year that covers the proppsed activities for the next fiscal year (i.e., December 1, 1979, deadline for a fiscal.year 1981. action) Emergency 1ise of pesticides may occur. The use of substances on or near the right -of -way shall be in accordance with the approved plan. A pesticide shall not be used if the Sec- retary of the Interior has prohibited its use. A pesticide shall be used only in accordance with its registered uses and within other Zim &tatiops if.the Secretary has imposed limitations. Pesticides shall not be permanently stored on public lands authorized for use under this grant. 08'74960 7 E. Grantee shall construct, operate, and maintain the facilities and structures within this grant in strict conformity with the descriptive and technical data which was furnished the Bureau of Land Management in connection with the application for this grant. Any relocation, additional construction, or use which is not in accord with such data may not be initiated without the prior written approval of the author- ized officer. A copy of the complete application and a copy of the grant stipulations Shall be available on location during construction and rehabilitation to all supervisory personnel and to the authorized officer. Noncompliance with the above will be grounds for the author- ized officer to shut down the operation until compliance is obtained. F. Grantee shall contact the authorized officer or his representative at least 5 days prior to the anticipated start of construction. Grantee shall provide the name, address, and telephone number of his representative in charge of construction and provide a construction schedule before starting any construction activities associated with this right -of -way. The authorized officer is the BLM District Man- ager. His representative for this right -of -way is: Name and Title. Glare Miller; Surface Protection Specialis Address: Rocks Springs District Office and Telephone Number: (307) 382 -5350 Name and Title:Steve Howard, Area Manager Address: Telephone: P. O. Box 1869 os S tin s, Wyoming 82901 Kemmerer Resource Area P. 0. Boy 632 Kemmerer, Wyomin 83101 (307) 877 -3933 G. During construction grantee shall regulate aeccess and vehicular traffic as required to protect the public, wildlife, and live- stock from hazards associated with the project. Grantee shall permit free and unrestricted public access to and upon the right --of -way accept in areas designated as restricted by the grantee. All restricted areas shall be approved in writing by the authorized officer. 08 49 (10 Special Stipulations For rxisting Road Right -of -Way Pursuant to 43 Clef 2800 And The Act of 10/21/76 (90 Stat. 2743) W- 75445 734 I. This grant is for non exclusive use of the existing road upon lands of the United States described in the right -of -way application. The authorized officer, Bureau of Land Management, may issue other permits to use this road. Upon the determination of such authorized officer, other parties may use the road concurrently subject to reasonable rules and conditions as said officer may determine to be appropriate, including pro rata maintenance payments by commerei_a1 users. 2. The grantee shall not restrict the use of the road for public access to lands administered by the United States for recreational and wildlife purposes or any other lawful, purposes as long as such use does not unreasonably interfere with the use by the grantee. 3. The grantee will maintain said road in a condition satisfactory to the District Manager, Bureau of Land Management. In the event of third party use for commercial purposes, the grantee will submit to the authorized officer for approval a written '.Maintenance agreement, including, but not limited to, reasonable maintenance fees, maintenance work, or materials furnished in lieu thereof and the designation of the party that is responsible for maintaining the road. 4. The grantee will take adequate precaution to prevent and suppress forest, brush, and grass fires; to endeavor with all available personnel to suppress any fire originating on or threatening a right- -of -way; to do no burning on or near the right-of -way without a State permit and specific permission from the District Manager, Bureau of Land Management; but in any event to set no fire on or near the right-of-way that will result in damage to any natural resource or improvement. 5. The grantee will exercise the rights granted herein in such a manner that no damage is caused to facilities or improvements (fences, buildings, equipment, transmission lines, etc_) now or hereinafter located on or adjacent to the right-of-way. 6. All vehicles operating upon the right- of -;aay granted herein, shall be maintained in a good and safe operating condition and shall be operated in compliance with all State motor vehicle regulations. 7. Construction of the access road must be built to Lincoln County standards. 8. 0874 %O Grantee shall seed all disturbed areas with the seed mixture Jisted below. Ninety percent pure live seed shall be used. The seed shall be applied by a drill equipped with a depth regulator. Planting depth shall not exceed one -half inch. Where drilling is not possible, seed shall be broadcast and the area shall be raked or chained to cover the seed. It is recommended that seeding be done during the months of September or October following construction completion. The seeding will be repeated until a satisfactory stand, as determined by the authorized officer, is obtained. Evaluation of growth will not be made before completion of the first growing season after seeding. The authorized officer is to he notified 15 days prior to seeding so that arrangements can be made for inspection of the seeding project. Seeding Mixture: Western wheatgrass 4 lbs. Thickspike wheatgrass 4 lbs. Streambank wheatgrass 4 lbs. DriJ,1: 12 lbs. P.l s /Acr Broadcast: Double rate (Title' (hate 735 N r0 U-� 2 0874960 I 0 a. 0 tJ) LiJ 7 us a J c Jujo t3. u z 4 0 Jx r J lui" r Q F 1° 0 �>n h 'X 7) tn irp7Cljj Q zttJt? t7 t! Z ti 7 s O U7 ll TO 4.1 0 c1 t,7 fi Do( tL o C ►d F w N U. 0 u et o¢ w to III a o 7 N I--- 0 ro 3u it t 2 J k 9 OW tJ 9N2 a L 0 N S O N C1 iP cro 0 Z w ar o U ca. it. tij acv 062 0 n j--60 r¢v) 0 a k-' 11,1 ill e 0 Q 2 Q Z Q F_2Lqi mi 00. 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