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HomeMy WebLinkAbout889262BOOK 5'1 7 PR PAGE STATE OF WYOMING GRANT OF EASEMENT Easement No~6~2 t~ RECEIVED LINCOI.N O,(')t.~r.,,!T'r' CLERK WHEREAS the Board of Land Commissioners approved this grant of easement on :j~nei-6; ,1996;:. :...... THEREFORE, the State of Wyoming, acting through its Board of Land Commissioners (Grantor), for and in consideration of the payment of Twenty-seven thousand one hundred five and no/100 dollars ($27,105.00) hereby grants and conveys to the Town of Afion (Grantee), for permanent use, in the following described tract of land for sewer lagoon and access purposes only, more particularly described as follows: All that portion of the NW¼SW¼ of Section 36, of T.32N.,R. 119W., of the 6th P.M., Lincoln County, Wyoming, as described on the attached exhibits. The described parcel of land contains 38.85 acres, more or less. See attached Exhibits A & B These descriptions are based on a survey done by and under the authority of, Marlowe A. Scherbel with Wyoming PLS No. 5368 and certified in October of 1995 TO HAVE AND TO HOLD this easement across the above-described tract of land for the purpose of .locating, constructing, using, maintaining, improving, and repairing the above-described sewer lagoon and access, subject to the following conditions: The rights granted herein shall forever be subject to the rights of the Grantor, its assigns or lessees to explore for, develop, and extract any and all minerals or other subsurface resources beneath this easement. If required for mineral exploration, development or extraction, Grantee shall, upon written notice from Grantor, remove or relocate the above-described sewer lagoon and access at, Grantee's expense. Upon abandonment or discontinuance of use of this easement for the purposes specified above, all of grantee's rights under this grant of easement shall revert to Grantor or its assigns, the same as if this grant had never been made. Failure to report, to Grantor, the status of the use of this easement every ten years from the date of this grant shall be evidence of intent by Grantee to abandon this easement. Should this easement be abandoned by Grantee, the above-described tract of land shall be returned to a condition satisfactory to Grantor. 3: This easement may be transferred, however, no transfer may increase the burden on the servient estate in any manner. 4. Any transfer of ownership of this easement, or any change of name or mailing address of the owner of this easement, shall be reported to Grantor within thirty (30) days of the transfer or change. The State of WYOming and the Board of Land Commissioners do not waive their sovereign immunity by entering into this agreement and specifically retain immunity and all defenses available to them as sovereigns pursuant to Wyo. Stat. § 1-39-104(a) and all other law. IN TESTIMONY WHEREOF, the Board of Land Commission¢ caused this instrument to be signed by its President;nd c°untersigned by its Secretary, and its seal 7,,Ted °n~ay °f March, 2003. Governor, President Countersigned: Board of Land Commissioners "'q~e ~o~ Secre;rar~ Office-6f State Lands & Irfvestments Attorney/)General's Office Approval as to Form: Nan'cy'E. V/ofir, As~istan~ Attorney General Examined ional Land Su~'eyors . Schefbel ~lion No. 164 .. Scherbel alion No. 3889 ~e A. Scherbel i,ion No. 5]68 YOR SCHERBEL, LTD. .ey, WyominB 83113 I, WyominB 8100! Wyoming 8.1110 833 DESCRIPTION FOR TOWN OF AFTON State· of Wyoming Easement No. 5763 Exh/bit A SEWER LAGOON EASEMENT AND ACCESS RIGHT-OF-WAY To-wit: That part of the W~ of Section 36, T32N, Ril9W, Lincoln County, Wyoming, described as follows: ALL of the NW~SW~ of said Section 36; ANDi the east twenty feet of the SW~SW~ of said Section 36; EXCEPT the west sixty (60) feet of said NW~SW~; ENCOMPASSING an area of 38.85 acres, more ar less; SUBJECT to easements of sight and of record; the BASE BEARING for this survey is theI north line of said Section 36, T32N, Rll9W, being N89°-48'-36"E; all in accordance with the attached plat titled, "PLAT TO ACCOMPANY SEWER LAGOON EASEMENT FOR THE TOWN OF AFTON AND FOR RIGHT-OF-WAY ACROSS LAND OF THE STATE OF WYOMING WITHIN W1/2SW1/4 SECTION 36_~F~l19W LINCOLN COUNTY, WYOMING", dated 50~ob~r 1995. lagoon, eas L ~.~zaj//~_~ .,.~~ ~ "Modification in any way of the foregoin~ description terminates liability of the survevnr" "4~.;' I::;;:~ 8 3 4 E-asement No. 5763 ' NOO'21'27'E 2039.4o' " Exhibit B (1319,70') ' , (1319;,70') NOO'21'27'E 2841.58' NOO'21'27'E "] 2639.44~ ~" (J;~19,72') ~ (1319.72') ~ .. J,oo'~o'~-~ mo.o,. ?, \ (,,2o.o,')(,,2o.'~o5 " ~ : SOOn *'§g"W r...] 264.0.~8, r~ ] ~ s00-22,46-w 2640.89' L Z I ~. I I I I S00'20'38'W 2642.57' S00'22'02"W 2840.22' > ~z mO o-Ti ~ O o Z