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HomeMy WebLinkAbout887011BOOK''t~O~ PR PAGE PERMANENT PLrBLI~ PItHiNG AND WATERFOWL HUNTING EASEMENT LIb!COLe,,! ¢7'-,-7F/,~(?,)~? CLERf< L. DARRELL HALE AND PAULA JEAN HALE, husband and wife, whose address is 14590 E. Evans Place, Aurora, Colorado, GRANTORS, 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 fights and privileges, to-wit: 1. A permanent public pedestrian fishing and waterfowl easement in and to all of the Salt River, insofar as the easement traverses the following described lands as owned by the GRANTORS, to-wit: T. 32 N., R. 119 W., 6th P.M., Lincoln County, Wyoming Section 14:N1/2SW1/4NW1/4 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. 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 fight to remove brush, logs and any other obstacles in order to facilitate pedestrian access along the riverbank. 3. The right for GRANTEE and its employees to enter the above-described lands for fish stocking and other related purposes as they deem necessary. 4. The right to construct and maintain pedestrian foot stiles or pedestrian openings in the fence that excludes livestock wherever existing fences cross said fiver. 5. The GRANTORS also agree 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. 6. 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 fiver as may be necessary or desirable in improving the fishery. 7. GRANTORS further agree 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. 8. That the GRANTORS, their 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. 9. GRANTORS agree that they will not construct or cause to be constructed any structures of whatever type, excepting normal maintenance to those items specifically listed in item 10, on ~he fishing easement Without first obtaining written permission from GRANTEE. 10. For purposes of documenting the valid existence of structures on the easement both parties agree that there is a hay shed, corrals and cattle shed located on the easement in the southwest comer of the property. A fence also exists at location N42°45.642' Latitude and W110058.252, Longitude as determined by GPS readings. 11. GRANTORS hereby covenant to GRANTEE that all lands herein described are lawfully seized in fee and that said lands are fi'ee 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 GRANTORS' heirs, personal representatives, successors and assigns. 12. This grant and easement shall at all times be deemed to be, and shall be, a continuing covenant running with the land, and shall be binding upon and in favor of the successors and assigns of the respective parties thereto. GRANTORS hereby release and waive all rights existing under and by virtue of the Homestead Exemption Laws of the State of Wyoming. 13. 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. 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) and other law. Datedthis /~J day of /~r~ ~/r ,2002. L. Darrel Hale P~uld jc'an Hale/,,/ STATE OF~'~/~ ) ) ss COUNTY OF ! On this /2~I day of /[/~.~'[// , 2002, before me personally appeared L. Darrel Hale and Paula Jean Hale, in and who executed the foregoing instrument and acknowledged that they executed the same as their fi'ee act and deed. My Commission Expires 02/02/2005 · ,,.~ commission expires: z 2 '"",,,, O,~ C .:""','"'