HomeMy WebLinkAbout888039BOOK 5-~ ~ PR PAGE
R=C _/¥ED
PERMANENT PUBLIC FISHING AND Llbig01-..!'[ (30t-}¢' 7Y OLERK
WATERFOWL HUNTING EASEMENT
a.f~9
Western Business Co'nsultan , a Utah Limited Liabiljt~.C0mPanyj~::: .
whose address is 2486 South 450 East, Bountiful, Utah, 84010, G~TOR, for and in
consideration of Ten and no/100 Dollar ($10.00) and other valuable consideration in h~d
paid, receipt of which is hereby ac~owledged, does hereby gant unto the STATE OF
~OM~G, WYOM~G G~E A~ FISH COMMISSION, of Cheye~e, Wyoming,
G~TEE, for use by the public, the following easement, access and other rights and
p~vileges, to-wit:
1. A permanent public pedestrian fishing and waterfowl hunting easement in
and to all of the Salt River, insofar as they traverse the following described lands as
owned by the GRANTOR, to-wit:
T. 33 N., R. 119
Section 13'
W., 6th P.M., Lincoln County, Wyoming
N1/2NW1/4, W1/2NE1/4
excepting therefrom
SE1/4SW1/4NE1/4 as more
correctly described and
recorded in the Office of the
Clerk of Lincoln County in
Book 512 of Photostatic
Records on Page 827.
Said easement shall be unfenced and unimpeded and shall extend from
midstream of the Salt River to a point one-hundred (100) feet above the high-water line
on each side of the Salt 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 easement for public parking in and on the following
described tract of land, to-wit:
That part of the N1/2NW1/4 of Section 13, T33N, Rll9W, Lincoln
County, Wyoming, described as follows:
BEGINNING at a point on the north line of said N1/2NW1/4, as
established by Paul N. Scherbel, Professional Land Surveyor No. 164,
S89°-52.9'E, 1712.80 feet, from the northwest comer thereof found as
described in the Certified Land Comer Recordation Certificate filed by
Scherbel i'n said Office;
thence continuing S89°-52.9'E, 72.35 feet, along said north line to a point
under the westerly right-of-way fence of U.S. Highway 89;
thence S36°-44.5'E, 34.91 feet, along said fence to a point; where found a
steel reinforcing rod with aluminum cap set by Ivan L. Call, Professional
Land Surveyor No. 274, which is apparently the original northeast
comer of said easement;
thence continuing S36°-44.5'E, 170.00 feet, along said fence and easterly
line of said easement to a point on the south side of a highway approach
as called for in said easement;
thence S54°-15.6'W 75.00 feet, along the south line of said easement to
point;
thence N32°-46.7'W, 213.99 feet, along the west line of said easement to a
point set at the original northwest comer of said easement;
thence continuing N32°-46.7'W, 33.60 feet, to the POINT OF
BEGINNING;
ENCOMPASSING an area of 0.35 acre, more or less;
the BASE BEARING for this survey and description is the east line of
Section 12, T33N, R119W = NORTH;
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;
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 Wl/2SW1/4 SECTION 12)
NWl/4 NE1/4 SE1/4 SECTION 13 T33N R119W LINCOLN COUNTY,
WYOMING" (2 sheets), dated 16 June 1987, revised 7 January 1992.
3. The fight 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.
4. The right for GRANTEE and its employees to enter the above-described
lands for fish stocking and other related purposes as they deem necessary.
5. The right to construct and maintain pedestrian foot stiles or pedestrian
openings in the fence that excludes livestock wherever existing fences cross said Salt
River.
6. 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 tb 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.
7. 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 the Salt River as may be necessary or desirable in improving the
fishery.
8. GRANTOR further agrees not to remove any brush, willows or other
vegetation other than noxious weeds from within twenty-five (25) feet of any fiver 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.
9. That the GRANTOR, 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.
10. GRANTOR agrees that they will not construct or cause to be constructed
any structures of whatever type on the fishing and waterfowl hunting easement and
parking area without first obtaining written permission from GRANTEE.
11. For purposes of documenting the valid existence of structures on the
easement both parties agree that there are no structures currently located on the easement
area.
5.0,1
12. 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
GRANTORS' heirs, personal representatives, successors and assigns.
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 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.
15. 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 / ~77..J-~ day of 44~,~c,/3,~//, 2003.
GRANTOR:
Western Business Consultants, LLC
Kenneth Cheshire, Manager
STATE OF UTAH )
)ss
COUNTY OF.._~O,/-~ [_.o,_ ~£ e )
On this I~*h day of ~4~DVVo.~TJ , 2003, before me personally appeared
Kenneth Cheshire, ~an---a~er, Western Busines~ Consultants, LLC, who executed the
foregoing instrument and acknowledged that he executed the same as his free act and
deed.
Notary Public
My commission expires:
ON-Z-] -Og
NOTARY PUBLIC
Rebecca A. Okelberry
1715 West 700 North
Salt Lake City, Utah 84116
My Comrnission Expirea
July 27, 2003
STATE OF UTAH