HomeMy WebLinkAbout977822PERMANENT NON EXCLUSIVE ROAD EASEMENT
The WYOMING GAME AND FISH COMMISSION, GRANTOR, whose address is 5400
Bishop Blvd., Cheyenne, Wyoming, 82006 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 ROY E. AND HEATHER D.
RORABAUGH, HUSBAND AND WIFE AS JOINT TENANTS WITH RIGHT OF
SURVIVORSHIP, GRANTEE, whose address is Box 4243, Bedford, Wyoming, 83112 for non-
exclusive use of a road easement and other rights and privileges, and subject to the following
terms, conditions, and restrictions, to -wit:
1. A permanent, non exclusive road easement only, in and through a specific strip of land,
thirty -three (33) feet in width, as further described below, insofar as it traverses the
following described land as owned by the GRANTOR in fee, to -wit:
A strip of land 33.0 feet in width, being part of the SE1 /4 of Section 35, T34N,
R119W, of the 6 P.M., Lincoln County, Wyoming, with the centerline described as
follows:
Beginning at a point on the east line of said SE1 /4, N00 15.3'W, 723.57 feet from
the southeast corner of said SE1 /4;
thence S57 49.7'W, 236.14 feet to a point; 977822 8/1/2014 10:23 AM
LINCOLN COUNTY FEES: $24.00 PAGE
837 thence S84 -11.3'W, 293.26 feet to a point; BOOK:
WAGNER LINCO COUNTY CLERK
thence S67 -39.8'W, 143.85 feet to a point; 11111111101111111111111111111111111111111111111111111111111101
thence S70 -36.6'W, 574.61 feet to a point;
thence N79 01.9'W, 206.50 feet to a point;
thence S89 05.9'W, 20.51 feet to a point N75 26.9'W, 1439.35 feet from said
southeast corner;
More particularly described in that Warranty Deed recorded on October 19, 1993, in
Book 337 of Photostatic Records on Pages 614 -619, in the Office of the Clerk of
Lincoln County, Wyoming and as surveyed and described by Surveyor Sherbel, LTD,
PLS 5368.
2. GRANTOR retains all rights and control of road maintenance, repair, reconstruction, and
installation and maintenance of improvements such as signs, culverts, gates and cattle
guards, provided for herein. Provided however, GRANTEE is hereby granted the right to
conduct routine maintenance of the roadway including grading and leveling for the same
as long as the work is done with prior consent of the GRANTOR, in a good and
workmanlike manner to the standards determined by the GRANTOR. Any work done by
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GRANTEE shall be done at their expense, and GRANTOR has no requirement or
obligation to repay GRANTEE's expenses. Nothing in this easement requires
GRANTOR to maintain the road to any standard or schedule.
3. GRANTEE shall notify GRANTOR of annual snow removal plans prior to any snow
removal activities. GRANTEE is authorized to plow the roadway for snow removal so as
to provide access to GRANTEE's property after said notification, provided that snow
removal activities shall be done in a good and workmanlike manner to standards of snow
removal for roadways determined by GRANTOR. During any and all snow removal
activities by GRANTEE, snow shall not be stored, stacked or piled on any portions of the
existing access road or parking areas, unless approved by GRANTOR. GRANTOR
retains the right to also provide snow removal for the roadway and has the authority to
close the roadway to the general public, provided, however, any road closures shall not
interfere with GRANTEE's right to access their property over the roadway on the above
described easement.
4. The lead point of contact for GRANTOR is the Pinedale Region Habitat and Access
Supervisor.
5. GRANTEE covenants and agrees that nothing in this easement authorizes the installation
or construction of any improvements of any kind, nor shall they conduct any roadway
repairs or maintenance activities on any portion of GRANTOR'S property without prior
written permission of GRANTOR. Any such approved construction by GRANTEE shall
be done at GRANTEE'S expense and to standards determined by GRANTOR.
6. GRANTEE agrees they will not increase the number of approaches or entry points along
the easement, beyond those two in place at the time of this easement, without prior
written permission of GRANTOR.
7. GRANTEE shall not transfer or convey this easement to third parties without prior
written consent of GRANTOR, except the easement may be assigned or conveyed with
the sale or transfer of GRANTEE'S property.
8. Should GRANTEE, their successors or assigns, abandon use of the easement for a period
exceeding two (2) consecutive years, the easement may be terminated and all rights and
privileges revert to GRANTOR, at no expense to GRANTOR.
9. GRANTOR may terminate the easement upon GRANTEE'S failure to comply with the
terms and conditions of the easement.
10. GRANTOR, its successors and assigns shall have full use and enjoyment of said premises
subject to the uses and purposes hereinbefore granted. The GRANTEE agrees use of the
easement shall be for ingress and egress over said described lands for current and
customary residential purposes by GRANTEE, their guests and invitees. Other uses of
the easement require prior written permission of the GRANTOR.
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11. GRANTEE shall not deny access to adjacent lands of the GRANTOR, by the public or
the GRANTOR.
12. GRANTOR hereby covenants to GRANTEE that all lands herein described are lawfully
seized in fee. GRANTOR and GRANTEE hereby represents to the other that the persons
signing this easement have all of the necessary rights and consents to bind each party to
this easement, and that the stipulations contained herein shall be binding upon the each
party's heirs, employees, successors and assigns for the duration of this easement.
13. Nothing contained in this easement shall be construed to entitle either party to bring any
action against the other for any injury to or change in the easement or GRANTOR'S
property resulting from causes beyond the other party's control, including acts of
trespassers or the unauthorized wrongful acts of third persons, fire, flood, storm, earth
movement, and major tree disease, or from any prudent action taken by a party under
emergency conditions to prevent, abate, or mitigate significant injury to the easement or
the property resulting from such causes.
14. If circumstances arise under which a modification of this easement would be appropriate,
the GRANTOR and the GRANTEE may modify this easement; provided that any
modification shall be consistent with the terms hereof and shall not affect the perpetual
duration of this easement.
15. GRANTEE shall comply with Presidential Executive order 11246 entitled, "Equal
Employment Opportunity," as amended by Presidential Executive Order 11375 and as
supplemented in the Department of Labor Regulations (41 CFR part 60), the Civil Rights
Act of 1964, the Wyoming Fair Employment Practices Act (Wyo. Stat. §27 -9 -105 et
seq.), and the Americans With Disabilities Act (ADA), 42 U.S.C. 12101, et seq., Section
504 of the Rehabilitation Act of 1973, Title II of the Americans With Disabilities Act of
1990, the Age Discrimination Act of 1975 and Title IX of the Education Amendments of
1972. The GRANTEE shall assure that no person is discriminated against based on the
grounds of sex, race, religion, national origin or disability in connection with the
performance of this Agreement
16. The State of Wyoming WYOMING GAME AND FISH COMMISSION does not waive
its sovereign immunity by entering into this easement and fully retains all immunities and
defenses pursuant to W.S. 1- 39- 104(a).
17. The interpretation and performance of this easement shall be governed by the laws of the
State of Wyoming and the United States.
18. If any provision of this easement or the application thereof to any person or circumstance
is found to be invalid, the remainder of the provisions of this easement shall not be
affected thereby.
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19. This easement sets forth the entire document, and supersedes all prior discussions,
negotiations, understandings, or agreements relating to the easement, all of which are
merged herein.
20. Except as otherwise specifically set forth herein, the term "GRANTOR," as used in this
easement and any pronouns used in place thereof shall mean and include the GRANTOR
named herein, and its invitees, lessees, and /or successors in title to GRANTOR' S
Property. The term "GRANTEE" as used in this easement and any pronouns used in
place thereof shall mean the GRANTEE named herein and its successors in title to the
Easement.
21. GRANTOR and GRANTEE agree the covenants, terms, conditions, and restrictions of
this easement shall be binding upon and inure to the benefit of the parties hereto and their
successors in title to the property and easement, respectively, and shall continue as a
servitude running in perpetuity with the property, provided that no owner shall be
responsible except for violations occurring on such owner's land during the time of such
owner's ownership.
22. GRANTOR and GRANTEE agree that venue and jurisdiction for any dispute between
them, or for any dispute with any third party relating to the enforcement or violation of
any of the terms of this easement, shall be in the District Court in Lincoln County,
Wyoming, or any successor thereto.
23. The GRANTOR and the GRANTEE intend that the restrictions arising hereunder take
effect on the day and year this easement is recorded with the County Clerk of Lincoln
County, Wyoming after all required signatures have been affixed hereto.
NOW THEREFORE, GRANTOR and GRANTEE hereby covenant and agree with the terms and
conditions contained herein, dated this 5,1,\-- day of 2014.
GRANTEE:
ier
By: Rdy E. Rorabaugh
By: Heather D. Rorabau
GRANTOR:
WYOMING GAME AND FISH COMMISSION
By: John Kennedy, Deputy Director
Wyoming Game and Fish Department
Revie, ed and Approv
a hias Sayer, S
ATTEST.
Meredith d, Chief Fiscal Officer
4
ssistant Attorney General
STATE OF WYOMING
COUNTY OF \\HQ--O\
On this z 9- Vs day of 2014, before me personally appeared Roy E.
and Heather D. Rorabaugh, who executed the regoing instrument and acknowledged that they
executed the same as their free act and deed.
STATE OF WYOMING
COUNTY OF
My commission expires:
WITNESS my hand and official seal.
ACKNOWLEDGEMENT
ss.
I,ata clr aRcLo fficial,,sc
B NEUENSCHWANDER NOTARY PUBLIC
County a' State of
Lincoln P�"j.� is Wyoming
My Comimision Expires Augu t 1, 2014
ynnis°sinn -ex Tires x`31 7 �1 L\
ACKNOWLEDGEMENT
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Notary Pu lic
The foregoing PERMANENT PUBLIC ACCESS EASEMENT was signed and
acknowledged before me this /4 day of Ju l 2014 by John Kennedy as the
Deputy Director of the Wyoming Game Fjish Department, and who acknowledged and
represented he was signing this Agreement on behalf of and for the benefit of the State of
Wyoming Game Fish Commission, GRANTOR.
KAANN TRA
COUNTY OF e
LARAMIE
MY COMMISSION E