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Home My WebLink About887010 {"'}4 [2~x' BOOKS' ''--~ PR PAGE. ~t ~ PERMANENT PUB~IO ~I~[l~ EASEMENT RECEIVED .... -,- O,O!I,',~T¥ CLERK DIANE L. CAMERON, a single woman, of Colorado sPrin~a;~i)i0rad0}: GRANTOR, for and in consideration of Ten and no/100 Dollar ($10.00) and other valuable consideration in hand paid, receipt of which is hereby acknowledged, does hereby grant unto the STATE OF WYOMING, WYOMING GAME AND FISH COMMISSION, of Cheyenne, Wyoming, GRANTEE, for use by the public, the following easement, access and other rights and privileges, to-wit: 1. A permanent public pedestrian fishing easement in and to all of the Salt River, insofar as the easement traverses the following described lands as owned by the GRANTOR, to-wit: T. 32 N., R. 119 W., 6th P.M., Lincoln County, Wyoming Section 11' NE1/4SW1/4 Section 14:E1/2NW1/4 Said easement shall be unfenced and unimpeded and shall extend from midstream of the Salt River to a point on the above described property that shall be no more than two-hundred (200) feet above the high-water line on both sides of said river. In this easement grant, high-water line shall be defined as the established riverbank, which, it is recognized, may change over time due to natural erosion or acts of God. 2. A permanent public road and parking easement across the following described lands, to-wit: AREA NO. 1: T. 32 N., R. 119 W., 6th P.M., Lincoln County, Wyoming Section 11: Portion of SW1/4 described by "Exhibit A" that is attached hereto and made a part hereof. AREA NO. 2: T. 32 N., R. 119 W., 6th P.M., Lincoln County, Wyoming Section 14: Portion of NWl/4 described by "Exhibit B" that is attached hereto and made a part hereof. Together with the right of the GRANTEE to construct and reconstruct said access roads as is desired and to thereafter maintain the same in good usable condition. GRANTEE shall also have the right to construct and maintain cattle guards wherever existing fences cross said road. Also, to contain said parking areas with a post and cable barrier and to construct thereon such sanitation and other facilities as GRANTEE may desire and to thereafter maintain and repair the same. 3. A permanent public vehicular right of way easement over the following described lands as owned by GRANTOR, to-wit: T. 32 N., R. 119 W., 6th P..M., Lincoln County, Wyoming Section 11: The west two rods NW1/4SW1/4 of the Together with the,right of the GRANTEE to construct and reconstruct said access road as is desired and to thereafter maintain the same in good usable condition. GRANTEE shall also have the right to construct and maintain cattle guards wherever existing fences cross said road. Said public vehicular right of way easement shall be transferable in whole or in part. 4. The right to improve the bed and banks of the Salt River by constructing therein cribs, squares, triangles, or other such structures as may be desired by the GRANTEE for the purpose of creating holes, eddies, and shadings to improve fishing. GRANTEE shall further have the right to remove brush, logs and any other obstacles in order to facilitate pedestrian access along the riverbank. 5. The right for GRANTEE and its employees to enter the above-described lands for fish stocking and other related purposes as they deem necessary. 6. The right to construct and maintain pedestrian foot stiles or pedestrian openings in the fence that excludes livestock wherever existing fences cross said river. 7. The GRANTOR also agrees for the duration of the easement herein granted that no action will be taken or methods utilized with regard to controlling noxious weeds so as to harm, endanger or interfere with the fishery upon said lands, and that any and all herbicides, insecticides or other chemicals used for such purposes will be first approved by the GRANTEE in writing. 8. The right to plant willows at such places on the stream bed and banks as desired by GRANTEE in controlling water-action erosion and in improving the fishery, and to erect such short stretches of fences as may be necessary in protecting the plantings against livestock, and to perform such other work as is desired by the GRANTEE within the bed and banks of said river as may be necessary or desirable in improving the fishery. 9. GRANTOR further agrees not to remove any brush, willows or other vegetation other than noxious weeds from within twenty-five (25) feet of any creek or body of water on the lands above described for as long as the easements herein granted remain in force and effect except upon express written permission of the GRANTEE. 10. That the GRANTOR, her successors, assigns or employees, shall not change or alter the course of the Salt River unless prior written consent has been obtained therefrom the GRANTEE. 11. GRANTOR agrees that she will not construct or cause to be constructed any structures of whatever type, excepting normal maintenance to those items specifically listed in item 12, on the fishing easement without first obtaining written permission from GRANTEE. 12. For purposes of documenting the valid existence of structures on the easement both parties agree that fences exist at locations N42°45.632' Latitude and W110°58.091' Longitude, N42°45.721' Latitude and Wl10°57.962' Longitude, N42°45.915' Latitude and Wl10°57.901' Longitude, N42°46.092' Latitude and Wl10°58.013' Longitude, N42°46.139' Latitude and W110°57.951' Longitude and N42°46.127' Latitude and W110°57.878' Longitude as determined by GPS readings. Both parties agree there are no other structures currently located on the easement area. 13. GRANTOR hereby covenants to GRANTEE that all lands herein described are lawfully seized in fee and that said lands are free from any encumbrances of whatever nature as may operate to terminate or interfere with any of the rights and interests herein granted, and that agreement herein contained shall be binding upon the GRANTOR'S heirs, personal representatives, successors and assigns. 14. This grant and easement shall at all times be deemed to be, and shall be, a continuing covenant running~:~ith the .!~d, and shall be binding upon and in favor of the successors and assigns of the respective l~'arties thereto. GRANTOR hereby releases and waives all rights existing under and by virtue of the Homestead Exemption Laws of the State of Wyoming. 2 O SVO tO 8 9 7 15. The 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 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) and other law. Dated this ~'~ day of '~"~tOve_ gg9 ,m ·. ,.,,(bT Z~'~ ~ Diane L. Cameron STATE OF ~982Lfi bo ) ) SS COUNTY OF f~/9~S~ ) On this ~_~ day of ~wc/e~ } ~ , 2005, before me personally appeared Diane L. Cameron, in and who executed the foregoing instrument and acknowledged-t~at.,% they executed the same as their free act and deed. '"' .~. ....... .. '~¢~',,. My commission expires: Notary Public E XH~B-~-T A DESCRIPTION FOR THE WYOMING GAME AND FISH COMMISSION OF A PARKING AREA IN THE SW1/4 OF SECTION 11t T32Nt R119W LINCOLN COUNTY, WYOMING To-wit:-- essional ~ Surveyors ~ N. Scherbel islralion No 164 ~ A Scherbet istration No. 3889 owe A. $cherbel islralion No. 5368 IVEYOR SCHERSEL LTD. ~iney. Wyoming 83113 :son, Wyoming 83001 1, Wyoming 83110 That part of the SW1/4 of Section 11, T32N, Rll9W, Lincoln County, Wyoming, described as follows: BEGINNING at a point which is N31°-07.6'E, 2517.35 feet, from the southwest corner of said Section.il found as described in the Certified Land Corner Recordation Certificate filed in said Office; thence S69°-14.9'E, 190.00 feet, to a point; thence S00°-45.1'W, 200.00 feet, to a point; thence N69°-14.9'W, 190.00 feet, to a point; thence NOO°-45.1'E, 200.00 feet, to the POINT OF BEGINNING; ENCOMPASSING an area of 0.82 acre, more or less; TOGETHER with the following access easement: a strip of land thirty-three feet in width across the SW1/4 of said Section 11 with the center line described as follows: BEGINNING at a place on the west line of said SW1/4, SOO°- 14.9'E, 100.00 feet, from the northwest corner thereof; thence S26°-03.6 thence S76°-11.1 thence N76°-33.0 thence S46°-24.0 thence S17~-14.9 thence S52°-14.9 thence N89°-45.1'E, 33.00 feet, to a PI; thence N48o-45.1'E, 127.37 feet, to a PI; thence N89°-43.5'E, 475.09 feet parallel with and south, 16.5 feet distant from the north line of said SW¼ to a PI; E, 83.91 feet, to a PI; E, 65.60 feet, to a PI; E, 97.28 feet, to a PI; E, 79.95 feet, to a PI; E, 200.00 feet, to a PI; E, 100.00 feet, to a PI; thence N71°-45.1 E, 200.00 feet, to a PI; thence S87~-34.5'E, 34..06 feet, to a PI; thence S24°-35.2'E, 79.82 feet, to a PI; thence S36~-44.9'E, 100.00 feet, to the northwest point of the above described tract; the BASE BEARING for this survey and description is the east line of Section 13, T32N, Rll9W = N00°-ll.0'W BLM 1981; each "point" marked by a 2" galvanized steel pipe, 28" long (BLM type) with a brass cap inscribed "PAUL N. SCHERBEL RLS 164 BIG PINEY WYOMING" and appropriate details; each "PI" marked by a 3/8" x 12" steel spike witnessed by a. 5/8" x 24" steel reinforcing rod with a 2" aluminum cap in- scribed: "SURVEYOR SCHERBEL LTD BIG PINEY WYOMING PLS 5368" and appropriate details, set on each right-of-way line of the easement at one-half of the deflection angle at the PI; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled "GAME AND FISH DEPARTMENT STATE OF WYOMING PLAT OF PARKING AREA AND EASEMENTS WITHIN SW1/4 AND SE1 4 SECTION 11 T32N Rll9W LINCOLN COUNTY, 1987, revised 18 December 1991. er 1 ..18 December 1991 les\gfll "Modification in any way of the foregoing description terminates liability of the surveyor" EXHIBIT B DESCRIPTION FOR THE WYOMING GAME AND FISH COMMISSION OF A PARKING AREA AND ACCESS ROAD IN THE NWl/4 OF SECTION 14, T32N, Rl19W LINCOLN COUNTY, WYOMING To-wit:-- ssional Surveyors ~1. Scherbel lralion No. 164 A. Scherbel tralion No. 3889 we A. Scherbel tration No. 5368 IEYOR SCHEFIBEL, LTD. iney, Wyoming 83113 on, Wyoming 83001 Wyoming 83110 That part of the NW1/4.of Section 14, T32N, Rll9W, Lincoln County, Wyoming, described as follows: BEGINNING at a point which is N69o-33.9,E, 180.92 feet from the southwest corner of said NE1/4NW1/4; thence N79o-38.4,E, 160.00 feet, to a point; thence N79o-27.9,E, 47.69 feet, to a point on the westerly bank of the Salt River; thence southerly, 222 feet, more or less, along said westerly bank to a point; thence S79o-38.4,W, 62.85 feet, to a point; thence N10o-21.6,W, 160.00 feet, to the POINT OF BEGINNING ENCOMPASSING an area of 0.4 acre, more or less; TOGETHER with the following described access easement: a strip of land thirty-three feet in width with the center line described as follows: WITHIN NWl/4 and SW1/4 SECTION 14 T32N WY I~ ', ated .-7 ?,~y~ 9 7, revised 18 ~~ December 1991 BEGINNING at the southwest corner of the NWl/4 of said NWl/4; thence S89o-52.5,E, 33.00 feet, to a PI; thence N88o-58.1,E, 1297.97 feet, to a PI, N00o-09.1,W, 19.77 feet, from the southeast corner of said NW1/4NW1/4; thence N89o-59.7,E, 177.51 feet, to a PI on the west line of the above described tract, S10o-21.6,E, 44.10 feet, of the northwest point thereof; the BASE BEARING for this survey and description is the east line of Section 13, T32N, RllgW, = N00"-ll.0'W BLM 1981; each "point" marked by a 2" galvanized steel pipe, 28" long (BLM type) with a brass cap inscribed "MARLOWE A. SCHERBEL PLS 5368 AFTON, WYOMING" or "PAUL N. SCHERBEL RLS 164 BIG PINEY WYOMING", and appropriate details; each "PI" marked by a 3/8" x 12" steel spike witnessed by a 5/8" x 24" steel reinforcing rod with a 2" aluminum'cap in- scribed: "SURVEYOR SCHERBEL LTD BIG PINEY WYOMING PLS 5368" and appropriate details, set on each right-of-way line of the easement at one-half of the deflection angle at the PI; all in accordance with the plat prepared to be filed in the Office of the Clerk of Lincoln County titled "GAME AND FISH DEPARTMENT STATE OF WYOMING PLAT OF PARKING AREA AND EASEMENTS Rll9W LINCOLN COUNTY, December 1991. "Modification in any way of the foreF ...... ~scription terminates liability of the survey(