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Home My WebLink About966000RECEIVING 966000 BOOK: 791 PAGE: 109 7 -12 JEANNE WAGNER 1 O rr LINCOLN COUNTY CLERK, KEMMERER, WY PERMANENT PUBLIC ACCESS AND PARKING EASEMENT PERKES HEREFORD RANCH TRUST, whose address is 68 Perkes Ranch Road, P.O. Box 5141, Etna, Wyoming 83118, GRANTOR, for and in consideration of Ten and no /100 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, fishing and waterfowl hunting easement, access 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, ten (10) 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 Lot 3, Section 21, T. 36 N., R. 119 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. A portion of Lot 3, Section 21, T. 36 N., R. 119 W. of the 6th P.M., Lincoln County, Wyoming, being described by metes and bounds as follows: 1 00109 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. 2. A permanent, non exclusive, public parking area and boat ramp area, on the lands of the GRANTOR containing 0.38 acre, as further described below, to -wit: See the attached "Exhibit B" Public Parking and Boat Ramp Area. a) GRANTEE covenants and agrees to construct and maintain a public parking area and boat ramp 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. c) GRANTOR and GRANTEE agree there will be no overnight parking, camping, or campfires on lands located within the parking area. GRANTEE shall post signs to prevent long term parking, overnight camping, and campfires. d) GRANTEE shall be allowed to construct, install, operate and maintain sanitary facility within the parking area, in compliance with state and federal rules and regulations. 3. 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. 4. 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. 5. GRANTOR and GRANTEE agree that 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, and Public Parking Area of this Easement. GRANTEE shall be responsible for providing all necessary signage for notice and enforcement of this requirement of the Easement. 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. 6. GRANTEE agrees remove, signs and other structures as determined by GRANTOR, from those areas of the GRANTOR's property provided in that PUBLIC EASEMENT DEED recorded on February 1, 1962, in Book 55 of Photostatic Records on Page 45, and that CORRECTIVE ACCESS EASEMENT recorded on April 13, 1993 in Book 327 of Photostatic Records on Page 98, in the Office of the Clerk of Lincoln County, Wyoming, and to rehabilitate disturbed areas with cooperation and consultation with the GRANTOR. Any such removal shall 2 0__ 10 be at GRANTEE's expense, and any remaining improvements shall become the property of the GRANTOR. 7. GRANTOR and GRANTEE agree development and maintenance of this Permanent Public Access and Parking Easement is contingent upon the execution of written agreement with the United States Forest Service for the use, improvement, and maintenance of an existing public roadway. 8. 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. 9. GRANTOR hereby releases and waives all rights existing under and by virtue of the Homestead Exemption Laws of the State of Wyoming. 10. 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 g 2. of 7 -L.J t_.. 2012. GRANTOR: GRANTEE: PERKES HEREFORD RANCH TRUST WYOMING GAME AND FISH COMMISSION By: Phillip erkes By: John Kennedy, Deputy Director Its: Trustee Reviewed and Approved: David Willms, Senior Assistant Attorney General ATTEST: Richard Rey (cvLd s, hief Fiscal Officer Wyoming Game and Fish Department 3 STATE OF UTAH COUNTY OF UTAH WITNESS my hand and official seal. dikIALA STATE OF WYOMING I. COUNTY OF wham tJ WITNESS my hand and official seal. C1lt. ioryt_ 0 t Notary Public My commission expires: Feb. (I .g (,)(:)(tp ACKNOWLEDGEMENT s s. The foregoing PERMANENT PUBLIC ACCESS AND PARKING EASEMENT was executed and acknowledged personally before me this 12`' day of 'Svv, c. 2012 by Phillip Perkes as the Trustee of PERKES HEREFORD RANCH TRUST, who acknowledged and represented he was signing this Easement on behalf of and for the benefit of PERKES HEREFORD RANCH TRUST, GRANTOR. Not My Commission expires: T-e t° "y t "7,0 J ACKNOWLEDGEMENT ss. The foregoing PERMANENT PUBLIC ACCESS AND PARKING EASEMENT was executed and acknowledged personally before me this I 5 day of Ott,m 2012 by John Kennedy, as the Deputy Director of the Wyoming Game Fish Department, who acknowledged and represented he was signing this Easement on behalf of and for the benefit of the Wyoming Game Fish Commission, GRANTEE. L.ARI SS NOTARY PUBLIC COUNTY OF LARAMIE. STATE OF WYOMING MY COMMISSION EXPIRES FEB. 11, 2016 4 TIFFANY TENNEY Notary Public, State of Utah Commission 650073 My Commission Expires December 21, 2015 EXHIBIT A A LAND DESCRIPTION FOR AN ACCESS ROAD FROM PERKES RANCH TO WYOMING GAME AND FISH COMMISSION A strip of land located in Lot 3, Township 36 North, Range 119 West of the 6 Principal Meridian, Lincoln County, Wyoming, being 10 feet in width, 5 feet each side of centerline, bound on the southwest end by the east line of Parcel A and on the northeast end by the south line of Parcel B. Said centerline being more particularly described as follows: Beginning at a point on the east line of Parcel A, which bears South 05 degrees 56 minutes 43 seconds East 1279.60 feet from west 1/4 corner of Section 21 (a brass cap); Thence North 36 degrees 50 minutes 13 seconds East 121.52 feet; Thence North 68 degrees 59 minutes 19 seconds East 114.33 feet to the south line of Parcel B, which bears South 15 degrees 23 minutes 00 seconds East 1176.62 feet from the said corner and the terminus point. Above said strip of land contains 0.05 acres more or less. Base of bearing are taken from Geodetic north, using a local ground datum. The corners of the said Parcel A are monumented with 2" aluminum caps on 5/8" x 24" rebar inscribed "WYOMING GAME FISH DEPT. L.S. 3884" All as shown on a certified plat on file at the Wyoming Game and Fish Department in Cheyenne, Wyoming. 5 00113 EXHIBIT B A LAND DESCRIPTION FOR A PARKING AREA AND BOAT RAMP FROM PERKESRANCH TO WYOMING GAME AND FISH COMMISSION Above said parcel of land contains 0.36 acres more or less. 6 PARCEL A: A parcel of land located in Lot 3, of Section 21, Township 36 North, Range 119 West of the 6 Principal Meridian, Lincoln County, Wyoming, being more particularly described as follows: Beginning at the South 1/16 corner of Section 21 (a brass cap) for which a certified land corner recordation has been filed in the Office of the Lincoln County Clerk; Thence North 00 degrees 01 minutes 56 seconds East along the west line of said Section 21, 129.49 feet; (aluminum cap) Thence South 80 degrees 38 minutes 29 seconds East 137.09 feet; (aluminum cap) Thence South 02 degrees 24 minutes 53 seconds West 105.66 feet; (aluminum cap) Thence South 89 degrees 17 minutes 14 seconds West along south line of said Lot 3, 103.90 feet to point of beginning. PARCEL B: A parcel of land located in Lot 3, of Section 21, Township 36 North, Range 119 West of the 6 Principal Meridian, Lincoln County, Wyoming, being more particularly described as follows: Beginning at a point which bears South 15 degrees 23 minutes 00 seconds East 1176.62 feet from West 1/4 corner of Section 21 (a brass cap); Thence South 74 degrees 02 minutes 17 seconds East 12.50 feet; Thence North 15 degrees 57 minutes 43 seconds East 26.42 feet; Thence North 74 degrees 02 minutes 17 seconds West 25.00 feet; Thence South 15 degrees 57 minutes 43 seconds West 26.42 feet; Thence South 74 degrees 02 minutes 17 seconds East 12.50 feet; to point of beginning. Above said parcel of land contains 0 02 acres more or less. Base of bearing are taken from Geodetic north, using a local ground datum. The corners of the said Parcel A are monumented with 2" aluminum caps on 5/8" x 24" rebar inscribed "WYOMING GAME FISH DEPT. L.S. 3884" All as shown on a certified plat on file at the Wyoming Game and Fish Department in Cheyenne, Wyoming. 7.7:76".7A5, CA11 T3CI R WEST •ZijARIER A,1 SEE DatillEili DESCRIPTION l'arc:41.1 A Parking Area ACRE) s24,1-1 S.C '31 CO:XtIER 4:17,Z1 C.:ERTELCAT.E .Cdf 51707 Courri Lararife c tia%lp7ki, SR aL1i MI1141..11siiI WI. RERAR 7 CENTER LINE 10' RsC•C Eks:EMENT 04.:1 P E' L W Dii Ctru krimirg hereby ciurtito. that this map WC,Iti, prop4m.d riQtes tiA doing gri 'Airy MAO Arclitrr inlystii' Or C:tier c 1 aird Correctly represtrrts mor.urneritatioxr trii. exits If ite grind. ....Tn.,. !POW .1,1511 ttlifartOrff IMMO= a ■LONIMIX0211 SWIM PREP PAWN Oita AMU* MO ND Mutt fillOCE ban la 411 nOiEn 10.* 44.(a4 `In nth. Innain k Oen ifims !him NU Ina 0 0 5