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HomeMy WebLinkAbout965806rctUtIVINU 965806 BOOK: 790 PAGE -3 o 1 JEANNE WAGNER Z P LINCOLN COUNTY CLERK, KEMMERER, WY PERMANENT EASEMENT FOR A ROAD EASEMENT, PARKING AREA, AND LIMITED PUBLIC ACCESS 00,326 The, V CROSS CATTLE COMPANY, GRANTOR, whose address is 11718 Fontenelle Creek Road, for and in consideration of Ten and no /l00 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, public Road Easement, Public Parking Area, Public Access Area (collectively the Easement) and other rights and privileges, and subject to the following terms, privileges, conditions, and restrictions, to -wit: 1. A permanent, non- exclusive public road easement only, in and through a specific strip of land, twenty (20) feet in width, as further described below, insofar as it traverses the following described lands as owned by the GRANTOR, to -wit: A portion of Tract 38, Section 11, T. 26 N., R. 116 W. of the 6th P.M., Lincoln County, Wyoming, being described by metes and bounds as follows: See the attached "Exhibit A" Road Easement. a) GRANTEE covenants and agrees to improve and construct a public roadway located within the Road Easement on the lands of the Grantor described in Exhibit A. Any such construction, maintenance and/or repair shall be done at GRANTEE'S expense and in a proper and workmanlike manner. Grantee shall install culverts in all necessary locations where the road crosses waterways, creeks, or low areas along said public roadway. All necessary and required improvements to the existing road shall be completed as soon as reasonably practicable. b) GRANTEE shall provide road maintenance as needed and maintain said road in a condition comparable to those common on other stretches of the road. Grantee shall maintain said road in a condition so that it remains a passable road for the public. c) GRANTEE shall post signs to keep vehicles and recreational uses on said road, and along the limits of the designated width to demonstrate limits of the road easement. GRANTEE shall also provide fences or barriers, with the consent of the GRANTOR if both parties deem it necessary. d) GRANTEE shall not transfer or convey this Road Easement. GRANTEE shall not sell, gift, donate or otherwise convey any of its rights and obligations for the said roadway without the prior written consent of the GRANTOR. 1 e) If GRANTEE no longer uses or abandons any portion of this public road easement for the purposes herein stated, the easement shall revert to the GRANTOR at no expense to Grantor. 2. A permanent, non exclusive, public parking area, on the lands of the GRANTOR containing two (2) acres, as further described below, to -wit: A portion of Tract 38, Section 11, T. 26 N., R. 116 W. of the 6th P.M., Lincoln County, Wyoming, being described by metes and bounds as follows: See the attached "Exhibit B" Public Parking Area. a) GRANTEE covenants and agrees to construct and maintain a public parking area on the lands of the GRANTOR. Any such construction, maintenance and /or repair shall be done at the GRANTEE'S expense and in a proper and workmanlike manner. b) GRANTEE shall post signs and provide fences or barriers to prevent vehicular access on GRANTOR's lands outside of the Public Parking Area. Design and construction of said fences or barriers shall be mutually determined by the Parties. GRANTEE may include pedestrian foot stile and other openings if fence design and construction prohibit the free movement of humans or horses. The discharging of firearms in the Public Parking Area is prohibited. c) GRANTEE shall not sell, gift, donate or otherwise convey any of its rights and obligations for the said parking area without the prior written consent of the GRANTOR. d) If GRANTEE no longer uses or abandons any portion of the parking area for the purposes herein stated, the parking area shall be reclaimed and the property shall revert to the GRANTOR at no expense to GRANTOR. 3. A permanent, non exclusive public access area for hunting, hiking, horse -back riding, other non vehicular recreation, and foot or horseback travel through the following lands of the GRANTOR, to -wit: A portion of Tract 38, Section 11, T. 26 N., R. 116 W. of the 6th P.M., Lincoln County, Wyoming, being described by metes and bounds as follows: See the attached "Exhibit C" Public Access Area. a) Access within said area shall be solely by pedestrian or horseback access only. All motorized vehicles, four wheelers, and ATV's shall be prohibited from the designated Public Access Area. Notwithstanding anything contained herein to the contrary, GRANTOR retains the use and access by any means in and to lands included within the Public Access Area. 2 0032 b) GRANTEE shall not transfer or convey this Public Access Area. GRANTEE shall not sell, gift, donate or otherwise convey any of its rights and obligations for the said Public Access Area without the prior written consent of the GRANTOR. 4. GRANTOR, its successors and assigns shall have full use and enjoyment of said premises subject to the uses and purposes hereinbefore granted. The GRANTEE shall have full rights of ingress and egress to and from said described lands for the purpose of exercising the rights herein granted. 5. GRANTEE covenants and agrees that nothing in this Easement authorizes the construction of improvements of any kind excepting those authorized by this Easement. Any such construction, maintenance and /or repair shall be done at the GRANTEE'S expense and in a proper and workmanlike manner. 6. GRANTOR and GRANTEE agree that nothing in the Easement authorizes any use of the Easement except as specifically set forth herein. GRANTOR and GRANTEE agree that the following are strictly prohibited: camping, fires, open campfires, camp stoves or other uses of GRANTOR's property which are not specifically authorized by this Easement. Overnight parking will be permitted, for a term not to exceed seven (7) days within the designated Public Parking Area for trailhead purposes. GRANTEE shall be responsible for providing all necessary signage for notice and enforcement of this requirement of the Easement. 7. No trash or littering shall be permitted on the Easement. To the extent that littering or dumping of trash within the Easement does occur, GRANTEE shall be responsible for picking up and removing all trash within the Easement on a regular basis, the frequency of which shall be determined by GRANTEE, but which shall occur at least monthly during the months of May through November, and as necessary during the remainder of the calendar year. 8. GRANTOR and GRANTEE agree that all livestock, including, but not limited to, horses, mules, and llamas, dogs or other domesticated pets shall be leashed, tethered, hobbled or otherwise controlled while utilizing the Road Easement, Public Parking Area, and Public Access Area of this Easement. GRANTEE shall be responsible for providing all necessary signage for notice and enforcement of this requirement of the Easement. Horses and livestock shall not be permitted to graze or linger on the GRANTOR' s property beyond the time necessary to load, unload, and traverse GRANTOR's property. All of GRANTOR'S livestock, including, but not limited to, horses, mules, cattle and llamas, dogs or other domesticated pets are specifically excluded from these requirements and this provision. 9. GRANTEE, as a condition precedent to allowing any use of this Easement, shall install necessary signage which defines the lands covered by this Easement (by map and description) and explains the use, scope, restrictions, prohibitions, limitations, rules and privileges of this Easement. GRANTEE shall be responsible for determining the location of all signage, but GRANTEE may also designate certain other locations mutually agreed to by the Parties. 3 328 GRANTEE shall be responsible for constructing, installing, and regularly maintaining all signage and signage posts or structures. 10. GRANTEE and its employees shall have the right to enter the above described Road Easement, Public Parking Area, and Public Access Area of this Easement for maintenance, enforcement and other purposes related solely to said Easement as GRANTEE shall deem necessary. GRANTEE shall be responsible for enforcing this Easement as to use by the public. 11. GRANTOR hereby covenants to GRANTEE that all lands herein described are lawfully seized in fee. GRANTOR and GRANTEE hereby represent to the other that the respective person signing this easement has all of the necessary power and consents to bind the respective party, and that the agreements contained herein shall be binding upon the respective party's heirs, directors, officers, personal representatives, successors and assigns. 12. With regard to any action between Grantee and Grantor regarding the interpretation or enforcement of this Easement, the prevailing party in such action shall be entitled to recover its costs, including, but not limited to reasonable attorneys' fees, expenses and court costs. 13. GRANTOR hereby releases and waives all rights existing under and by virtue of the Homestead Exemption Laws of the State of Wyoming. 14. The WYOMING GAME AND FISH COMMISSION does not waive its sovereign immunity by entering into this agreement and fully retains all immunities and defenses pursuant to W.S. §1 -39-104(a). Dated this a:5 day of 2012. GRANTOR: V CROSS CATTLE COMPANY ]fj 1 E ^i, 4 4 10111 1M NM 444#44! GRANTEE: WYOMING GAME AND FISH COMMISSION By: John Kennedy, Deputy Director Wyoming Game and Fish Department Reviewed and Approved: David Willms, Senior Assistant Attorney General 00329 STATE OF WYOMING COUNTY OF L4 c The foregoing PERMANENT EASEMENT FOR A ROAD EASEMENT, PARKING AREA, AND LIMITED PUBLIC ACCESS was executed and acknowledged ersonally before me this day of 2012 by 1L1 as the of V CROSS CATTLE COMPANY, who acknowledged and represented he /she was signing this Agreement on behalf of and for the benefit of V CROSS CATTLE COMPANY, GRANTOR. WITNESS my hand and official seal. o1 191 91nu�� "'A V q�r. MI iE$ Commifisio>texpires. t Q t 4- ST eLIC o e_p WYO 0 kinn1111110 STATE OF WYOMING COUNTY OF r e-- The foregoing PERMANENT EASEMENT FOR A ROAD EASEMENT, PARKING AREA, AND LIMITED PUBLIC ACCESS was executed and acknowledged personally before me this /fZday of.L1, 2012 by John Kennedy, as the Deputy Director of the Wyoming Game Fish Department, who acknowledged and represented he was signing this Agreement on behalf of and for the benefit of the Wyoming Game Fish Commission, GRANTEE. WITNESS my hand and official seal. ss. ss. My commission expires: 2 ACKNOWLEDGEMENT ACKNOWLEDGEMENT 5 Notary Publi D, Notary Public JULIE A. FEDERER NOTARY PUBLIC COUNTY OF LARAMIE STATE OF WYOMING MY COMMISSION EXPIRES FEB. 11, 2016 00330 "EXHIBIT A" Road Easement A portion of Tract 38, Section 11, T. 26 N., R. 116 W. of the 6th P.M., Lincoln County, Wyoming, being described by metes and bounds as follows: Road Description A strip of land located in Tract 38, Township 26 North, Range 116 West of the 6 Principal Meridian, Lincoln County, Wyoming, being 20 feet in width, 10 feet each side of centerline, bound on the north end by the north line of Tract 38 and on the south end, between corners 3 and 4 of Tract 38. Said centerline being more particularly described as follows: Beginning at a point between corners 3 and 4 of Tract 38, which bears South 15 degrees 53 minutes 28 seconds West 2543.00 feet from northwest corner of Section 11 (G.L.O. brass cap); Thence North 57 degrees 43 minutes 56 seconds West 287.15 feet; Thence North 39 degrees 29 minutes 19 seconds West 121.91 feet; Thence North 08 degrees 52 minutes 05 seconds West 149.88 feet; Thence North 05 degrees 37 minutes 54 seconds East 540.25 feet; Thence North 05 degrees 12 minutes 20 seconds East 272.28 feet; Thence North 26 degrees 17 minutes 13 seconds East 282.16 feet; Thence North 58 degrees 58 minutes 56 seconds East 171.19 feet; Thence North 25 degrees 56 minutes 32 seconds East 129.52 feet; Thence North 20 degrees 45 minutes 35 seconds East 273.78 feet; Thence North 35 degrees 49 minutes 33 seconds East 510.39 feet; Thence North 25 degrees 21 minutes 53 seconds East 351.24 feet to the north line of Tract 38, which bears North 23 degrees 16 minutes 12 seconds West 221.34 feet from the said corner and the terminus point. Above said strip of land contains 1.42 acres more or less. 0 ©3 3 1_ All as shown on a certified plat on file at the Wyoming Game and Fish Department in Cheyenne, Wyoming. 6 "EXHIBIT B" Public Parking Area A portion of Tract 38, Section 11, T. 26 N., R. 116 W. of the 6th P.M., Lincoln County, Wyoming, being described by metes and bounds as follows: Public Parking Area A parcel of land located in Tract 38 of Section 11, Township 26 North, Range 116 West of the 6 Principal Meridian, Lincoln County, Wyoming, being more particularly described as follows: Beginning at a point on the west right -of -way line of above said strip of land, which bears South 39 degrees 12 minutes 24 seconds West 1199.58 feet from said corner. Thence South 58 degrees 58 minutes 56 seconds West 97.95 feet; Thence North 33 degrees 02 minutes 20 seconds West 88.10 feet; Thence North 53 degrees 02 minutes 23 seconds East 133.09 feet; Thence South 13 degrees 55 minutes 10 seconds East 106.53 feet to a point of beginning. Above said parcel of land contains 0.25 acres more or less. Base of bearing are taken from Geodetic azimuth using a local grid system. The corners of the said parcel are monumented with 2" aluminum caps on 5/8" x 24" rebar inscribed "WYOMING GAME FISH DEPT. L.S. 3884" 7 00332 All as shown on a certified plat on file at the Wyoming Game and Fish Department in Cheyenne, Wyoming. "EXHIBIT C" Public Access Area A portion of Tract 38, Section 11, T. 26 N., R. 116 W. of the 6th P.M., Lincoln County, Wyoming, being described by metes and bounds as follows: 00333 Public Access Area (Includes parking area described in Exhibit B) A Public Access Area containing 41.1 acres, more or less, described as that portion of said Tract 38 of Section 11 lying west of the following described road (Exhibit A —Road Easement): Road Description A strip of land located in Tract 38, Township 26 North, Range 116 West of the 6 Principal Meridian, Lincoln County, Wyoming, being 20 feet in width, 10 feet each side of centerline, bound on the north end by the north line of Tract 38 and on the south end, between corners 3 and 4 of Tract 38. Said centerline being more particularly described as follows: Beginning at a point between corners 3 and 4 of Tract 38, which bears South 15 degrees 53 minutes 28 seconds West 2543.00 feet from northwest corner of Section 11 (G.L.O. brass cap); Thence North 57 degrees 43 minutes 56 seconds West 287.15 feet; Thence North 39 degrees 29 minutes 19 seconds West 121.91 feet; Thence North 08 degrees 52 minutes 05 seconds West 149.88 feet; Thence North 05 degrees 37 minutes 54 seconds East 540.25 feet; Thence North 05 degrees 12 minutes 20 seconds East 272.28 feet; Thence North 26 degrees 17 minutes 13 seconds East 282.16 feet; Thence North 58 degrees 58 minutes 56 seconds East 171.19 feet; Thence North 25 degrees 56 minutes 32 seconds East 129.52 feet; Thence North 20 degrees 45 minutes 35 seconds East 273.78 feet; Thence North 35 degrees 49 minutes 33 seconds East 510.39 feet; Thence North 25 degrees 21 minutes 53 seconds East 351.24 feet to the north line of Tract 38, which bears North 23 degrees 16 minutes 12 seconds West 221.34 feet from the said corner and the terminus point. The Public Access Area contains 41.1 acres, more or less. All as shown on a certified plat on file at the Wyoming Game and Fish Department in Cheyenne, Wyoming. 8