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HomeMy WebLinkAbout889782' PR PAGE STATE OF WYOMING GRANT OF EASEMF~,~ Easement ~. ]~7~3-/~]~p 'WHEREAS the BOard of Land Commissioners approved this grant of easement on D&' -m¢'g :iS? 2062i THEREFORE, the State of Wyoming, acting through its Board of Land Commissioners (Grantor), for and in consideration of the payment of Four hundred three and 65/i00 dollars ($403.65) hereby grants and conveys to Lower Valley Energy (Grantee), to use for the term of 35 years, in the following described tract of land for power lines 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, lying between parallel right of way lines 20 feet apart, being 10 feet on each side when measured at right angles as described on the attached exhibits. The described parcel of land contains .61 acres, more or less. See attached Exhibits A, B, C 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 2002. 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 power line, 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 power line 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. 1N TESTIMONY WHEREOF, the Board of Land CommissioCrs caused this instrument to be signed by its Presid~-.qt and countersigned by its Secretary, and its seal to be affixed on the~2~'day of March, 2 03. ~ 'i.:21.~i.~ Governor, President Board of Land Commissioners Countersigned: ~ta~y Office of State Lands & Investments Attorney .General' s ~?~roval as to Form: Nancy'.. Veh~r, ssistant Attorney General Examined .DESCRIPTION FOR TOWN OF AFTON UTILITY EASEMENT FOR SEWER LAGOON State of Wyoming Easement No. 6703 Exhibit A '07t3 . To-wit:-- A strip of land twenty (20) feet in width within the NW¼SW¼ of Section 36, T32N, RllgW, Lincoln County, Wyoming, being ten (10) feet each side of the following described centerline: BEGINNING at a position on the north line of said NW¼SW¼, N89°,47'-43"E, 70.00 feet from the northwest comer of said NW¼SW¼; thence S00°-21'-28"W, 544.56 feet to a position; thence S78°-38'.-40"E, 415.60 feet to a position; thence S88°-03'-21"E, 371.43 feet to a position, being S52°-55'-11"E, 1059.53 feet from said northwest comer; the right-of-way lines of the above described easement to be shortened or lengthened as necessary to create a continuous and contiguous easement with a minimum width of twenty (20) feet; .:. the Base Bearing for this survey is the north line of Section 36, T32N, R119W being N89°- 48 '-36"E; each "comer" found as described in the Comer Record filed in the Office of the Clerk of Lincoln County; ' each "position" is a calculated position with no monument found or set; all in accordance with the attached exhibit titled, "PLAT TO ACCOMPANY UTILITY EASEMENT FOR THE TOWN OF AFTON ACROSS LAND OF THE STATE OF WYOMING NW¼SW¼ SECTION 36 T32N Rll9W LINCOLN COUNTY, WY~~G)~dated 13 Septe~b~20~2. 7/// Pmlessionel Land Surveyors Paul N. Scherbel WYO. Regi~tralion No, 164 Ulah Registration No. 1670 Idaho Regislralton No. 3990 NevBda Regislrstion No. 6805 Sc'oM A. Schadoel Wyo. Regislration No. 3889 Idaho Registration No. 8026 Utah Registration No. 372111 MARLOWE A. SCHERBEL Wyo. R~gislralion No. 5368 Surveyor Scherbal, LTD. Aflon, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hol Spdngs, Idaho Monlpelior. Idaho "Modification in any way of the foregoing description terminates liability of the surveyor" Bas. ~eorin_.q_ Iq89'&5 -~E 2644.81' b189'48'JO*E 2c ........ tj Stole Highway 238 N~9'47'4J'E i1 1321,89' 8 ~ N89.47~44"£ 2645.4~' ~60.00'  State of ,, ~t 2 ~60.00 20.00 ~ ~242.1~ ~ 1322.17' s8g'48'45'W ~ ~ 2~.~' State of ~ ~ . ~ 60.00' ~0.00'~ [ ~8'~49'-~7'~-'~ 2644.09' S$9'49'45'W 2644.89' State of Wyom/ng Easement No. 6703 Exhibit B :]77 O' lO00' ~900' ~000' SC4Z~..' i' =, tO00' CERTIFICATE OF EURVEYOR STATE OF WYOMING ) [] SS... COUNTY OF UNCOLN I, Marlowe A. ~cherbel of AR(m, Wyoming, hereby certify that this plat was made from notes taken during an actual aur~e¥ made by Fattest C~'ady Creamer under my supervision during August 2002, and from records In the Office of the Clerk of Uncoln County and that It correctly represents the easement ae ~hown. The foregoing Instrur~ent was acknowledged before me by Marlowe A. Scherbel th)...~t- day of 0CIl~:l~' 2oo2. Wlt. nm my hand and 'official saul, Notary Publlo indicates o corner record fired or to be filed in ~he Office of the Clerk of Lincoln County indicates a 5~,/8' x 24' steel reinforcing rod with o 2 aluminum cop inscribed: "SURVEYOR SCHERBEL LTD, BIG PINEY WY PLS $638~ with appropriate details, found or of record. indicates a calculated position, no monument found or set. indicates o power box. indicates o right-of-way line. The Base Bearing for this survey is the'north .' line of Section 36 T$2N, Rl19W being N89'48'J6*E. PLAT TO ACCOMPANY.. [rI'KdTY EASF, ME21T FOR THE TOWN OF AFFON · ACROSS LAND OF THE STATE OF WYOM:ING NW1/4SWI/4 SECTION 36 T32N Rl l gW r.rNCOLN COUNTY, WYOMING SHRgT 1 OF 2 PLOT DA~ 31 O~to~r 200:2 Copyright (~) 2002 by Surveyor Scherbel LTD. All rights reserved. DETAm NW1/4SW1/4 T32N S. 26 lS.25 S.35 IS.36 ~ ..__Position of Beginning ] NBg'4T43'E 70.00 feet from ~e [ n~hw~st comer of the 1/4 S.35~S.36 ~ '321.89' ' ~ ' U · 344.06' -. ~ Town of ~ Utfltty Easement "-, ~ f~ gew~ Lo o~s '"~o~ State of Wyoming Easement No. 6703 Exhibit C SECTION 30 RllgW . O78 CffR'I'IPICATI~ OF $[IRVRIrOR STATE OF WYOblINO ) , OOUNTY 0¢' UNCOLNt I, Madowe A. Sche*bd of Alton, Wyoming, hereby certify that thle E~lat w?..mo, de. from notes, taken 8urlng an actual survey made by rare. e? uraay dreamer under my eupervtelon durhg Auguet 2002, .a. no n-om recorda In the Office of .the C~erk of Uncoln County and that It correctly repreeenta the eaeement aa ~hown, PLAT TO ACCOMPANY ,, , THE TOWN OF AFrON The f_oregolng h~trurnent wa, acknowledged belch. ACROSS LAND OF th~.~Sr,~.~ of Oelo~ooz ~o b~ .~ow. A. S~oeo~ ~ STATE OF WYOMING Wltness my hand and official eeal. ./'./'.~2r.J'.dt::~.ag,. .Zq--49 po 15 NW1/4SW1/4 SEC~ON 36 T32N I( RI19W r. INCOLN COUNTY, WYOMING ; Cop~'loh[ (~) 2002 by Surveyor $cherbal LTD. ~'l rights reserved, .................. PROFZ-~IO~,4L L, dAID 6'URkt-kOR6'