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HomeMy WebLinkAbout878405 WATERFOWL HUNTING EASEMENT Arnold O. Baxter and Kevin D. Baxter, as joint tenants with fldl rights of survivorship, of Thayne, Wyoming, GRANTORS, for and in consideration o'f 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 rights and privileges, to-wit: 1. A permanent public pedestrian fishing and waterfowl hunting easement in and to all of the Salt River, insofar as it traverses the following described lands as owned by the GRANTORS, to-wit: T. 33 N., R., 119 W., 6th P.M., Lin.coin County, Wyoming Section 12: Part of the N1/2SW1/4 as more correctly described and recorded in the Office of the Clerk of Lincoln County in Book 404 of Photostatic Records on Page 503. 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 the west and north 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. 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. 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 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 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 fight to plant willows at such places on the stream bed and banks as desired by GRANTI~E in controlling water-action erosion and in improving the fishery, and to erect ~uch short stretches of fences as may be necessary in protecting the plantings aga. inst livestock, and to perform such other work as is desired by the GRANTEE within the bed and banks of said river as may be necessary or desirable in improving the fishery. 7. GRANTORS further agrees not to remove any brush, willows or other vegetation other th'an 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. 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 agrees that they will not construct or cause to be constructed any structures of whatever type on the fishing, and waterfowl hunting easement without first obtaining written permission from GRANTEE. 10. It is agreed that a Statement Of Existing Conditions will be prepared which will accurately reflect the appurtenant structures presently located on the easement as of the date of conveyance. The Statement Of Existing Conditions will be signed by both parties and will be the document used to determine the valid existence of any structure on the easement. 11. GRANTORS'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. 12. GRANTORS hereby releases and waives 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. Dated this ~--~- day of ~.l ~-a ,-2000. Arnold O. Baxter Kevin D. Baxter · STATE OF WYOMING ) )ss COUNTY OF ~-/'l~&)/~- ) ~c~ ~ On this ,a~ 2. day of ~'~-~ ~ e~ , g0~0; before me personally appeared Arnold O. Baxter, and ~' ~;~r, in and who executed the foregoing instrument and acknowledged that they exec~/~ed the same as their free act and deed. ~: Notary Public [CLAU D~ ANDER$~'-~N~ ~, County of ~,~ . State.of My commission expires: ,~ -~q S- - ~ ~ ~ Dnc61n ~ Wyomin~ __ ~~y Gomrni~lon ~piros May 25, 2~2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On /_, before Date N 'e and Title of Off,cer (ag., ",Jane Doe, Notar personally appeared ~-'-',~L~jf' L ~ ~"'~'~. Name(s) of Signer(s) ' ~ personally known to me i~-'~fCI-~E~E ~N~M~C~EF ['~!~prOved tO me On the basis Of satisfactOry.~ ' _ Commission # 1298141 i evidence Nota,,'y Public - California ] Venture County [ to be the person(,~,,)-whose name(~) is/~e ~,,.~,,~c~,_m. Expires/v~'22.200~r subscribed to the within instrument and. ...... ~ ~ '-'-"- ' ' acknowledged to me that he/~xecuted the same in his/~ authorized capacity(~), and that by his/~ signature(~ on the instrument the person(~), or the entity upon behalf of which the person(~) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Thougi~ the information below is not required by law, iJ may prove valuable to persons relying on the document and could preven! fraudulent removal and reattachment of this form lo another document. Description of Attached Document Title or Type of Document: Document Date: __ Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ...... [] Individual 1] Corporate Officer-- Title(s): Top of thumb here [] Partner--~, Limited [] General ~ Attorney in Fact ~ Trustee L~I Guardian or Conservator [] Other: Signer Is Representing: © 1999 National Natary Association · 9350 De So[o Ave., PO. Box 2402 · ChatsworCh CA 91313-2402 · www nadcnainola~y org Prcd, No 5907 Reorder: Call 7bJl Free !-800-876-6827