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HomeMy WebLinkAbout965018(January 1988) WYW 81044 Xbe &tateo of arnerica ICo all to inborn tljese preNentsi obatt tome, greeting: WHEREAS Lincoln County, is entitled to a patent pursuant to the Recreation and Public Purpose Act of June 14, 1926, as amended, 43 U.S.C. 869, et seq. (2006), for the following described land: The area described aggregate 101.56 acres, according to the official plat of survey of the said land on file in the Bureau of Land Management. NOW KNOW YE, that there is, therefore, granted by the UNITED STATES unto the above named Lincoln County the land above described, for a county park and recreation facility, TO HAVE AND TO HOLD the said land with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, unto the said Lincoln County, its successors and assigns, forever; and Sixth Principal Meridian T. 21 N., R. 116 W., sec. 1, lot 15 and lots 17 to 20, inclusive. EXCEPTING AND RESERVING TO THE UNITED STATES: 1. A right -of -way thereon for ditches or canals constructed by the authority of the United States pursuant to the Act of August 30, 1890, 43 U.S.C. 945; 2. All the mineral deposits in the lands so patented pursuant to Section 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1719), including, without limitation, substances subject to disposition under the general mining laws, the general mineral leasing laws, the Materials Act and the Geothermal Steam Act, and to it, its permittees, licensees, lessees, and mining claimants, the right to prospect for, mine and remove the minerals owned by the United States under applicable law and such regulations as the Secretary of the Interior may prescribe. SUJBECT TO: 1. Those rights for telephone facilities granted to QWEST Corp., its successors or assigns, by Right -of -Way Serial No. WYW 50098, under the Act of March 4, 1911, 43 U.S.C. 961; 2. Those rights for a power transmission line granted to Pacificorp UT P &L, its successors or assigns, by Right -of -Way Serial No. WYW 102159, under Title V of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1761 -1771; Patent Number 49- 2012 -0032 00568 WY 611744 1. The patentee or its successor in interest shall comply with and shall not violate any of the terms or provisions of Title VI of the Civil Rights Act of 1964, 78 Stat. 241, and requirements of the regulations, as modified or amended, of the Secretary of the Interior issued pursuant thereto, (43 CFR 17), for the period that the lands conveyed herein are used for the purpose for which the grant was made pursuant to the act cited above, or for another purpose involving the provision of similar services or benefits. 2. If the patentee or its successor in interest does not comply with the terms or provisions of Title VI of the Civil Rights Act of 1964, and the requirements imposed by the Department of the Interior issued pursuant to the title, during the period during which the property described herein is used for the purpose for which the grant was made Patent Number 49 2012 0032 3. Those rights for a power transmission line granted to Pacificorp UT P &L, its successors or assigns, by Right -of -Way Serial No. WYW 105806, under Title V of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1761 -1771; 4. Those rights for a power transmission line granted to Union Pacific Railroad Co., its successors or assigns, by Right -of -Way Serial No. WYW 0294452, under the Act of March 3, 1875, 43 U.S.C. 834 -839; 5. Those rights for highway purposes granted to the Wyoming Department of Transportation, its successors or assigns, by Right -of -Way Serial No. Wyoming 025956, under the Act of November 9, 1911; 6. Those rights for highway purposes granted to the Wyoming Department of Transportation, its successors or assigns, by Right -of -Way Serial No. Wyoming 85358, under the Federal Aid Highway Act, 23 U.S.C. 317(A); and 7. Those rights for highway purposes granted to the Wyoming Department of Transportation, its successors or assigns, by Right -of -Way Serial No. Wyoming 149801, under the Federal Aid Highway Act, 23 U.S.C. 317(A). Lincoln County, its successors or assigns, shall comply with all Federal and State laws applicable to the disposal, placement, or release of hazardous substances (substance as defined in 40 CFR Part 302). Provided that title shall revert to the United States upon a finding, after notice and opportunity for a hearing, that, without the approval of the Secretary of the Interior or his delegate, the patentee or its approved successor attempts to transfer title to or control over the lands to another, the lands have been devoted to a use other than that for which the lands were conveyed, or the lands have not been used for the purpose for which the lands were conveyed for a 5 -year period. Provided further that the Secretary of the Interior may take action to revest title in the United States if the patentee directly or indirectly permits its agents, employees, contractors, or subcontractors (including without limitation lessee, sublessees, and permittees) to prohibit or restrict the use of any part of the patented lands or any of the facilities thereon by any person because of such person's race, creed, color, sex, or national origin. The grant of the herein described land is subject to the following reservations, conditions, and limitations: 00569 pursuant to the act cited above, or for another purpose involving the provision of similar services or benefits, the Secretary of the Interior or his delegate may declare the terms of this grant terminated in whole or in part. 3. The patentee, by acceptance of this patent, agrees for itself or its successors in interest that a declaration of termination in whole or in part of this grant shall, at the option of the Secretary or his delegate, operate to revest in the United States full title to the lands involved in the declaration. 4. The United States shall have the right to seek judicial enforcement of the requirements of Title VI of the Civil Rights Act of 1964, and the terms and conditions of the regulations, as modified or amended, of the Secretary of the Interior issued pursuant to said Title VI, in the event of their violation by the patentee. 5. The patentee, or its successors in interest will, upon request of the Secretary of the Interior or his delegate, post and maintain on the property conveyed by this document, signs and posters bearing a legend concerning the applicability of Title VI of the Civil Rights Act of 1964 to the area or facility conveyed. 6. The reservations, conditions, and limitations contained in paragraphs 1 -5 shall constitute a covenant running with the land, binding on the patentee and its successors in interest for the period for which the land described herein is used for the purpose for which this grant was made, or for another purpose involving the provisions of similar services or benefits. 7. The assurances and covenant required by paragraphs 1 -6 above shall not apply to ultimate beneficiaries under the program for which this grant is made. "Ultimate beneficiaries" are identified in 43 CFR 17.12(h). Patent Number 49 -2012 -0032 IN TESTIMONY WHEREOF, the undersigned authorized officer of the Bureau of Land Management, in accordance with the provisions of the Act of June 17, 1948 (62 Stat.476), has, in the name of the United States, caused these letters to be made Patent, and the Seal of the Bureau to be hereunto affixed. GIVEN under my hand, in CHEYENNE, WYOMING the Fifth day of June in the year of our Lord two thousan..nd twelve and of Independence of the ACTING IEF BRANCH OF FLUID MINERAL OPERA ONS, LANDS, AND APPRAISAL 00570