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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'