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HomeMy WebLinkAbout878404 PERMANENT PUB I.~"]l~.[3I~q AND ~' --~,,- " - - WATE~OWL HUNT~G EASEMENT Melvin L. Miller, Tammi Miller, Chad O. Miller, Brad G. Miller and Tina Miller as joint tenants, whose address is 5938 Bitter Creek, 'A~on, Wyoming, G~NTORS, for and in consideration of Ten and no/100 Dollar ($10.00) and other valuable consideration in ~and paid, r~ceipt of which is h~reby acknowledged, does hereby ~ant unto th~ STATE OF WYOM~G, WYOM~G GAME A~ FISH COMMISSION, of Cheye~e, Wyoming, G~NTEE,. for use by the public, the following easement, access and other rights and privil~ges, 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. 36 N., R. 119 W., 6th P.M., Lincoln County, Wyoming Section 33:W1/2SE1/4 except the East 20 rods of the NW1/4SE1/4 , 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. Where there is more than one channel of the Salt River the easement shall extend one- hundred (100) feet above the high-water line from the east bank of the east channel and one- hundred (100) feet above the high-water line from the west bank of the west channel. Said easement shall include all lands between the two channels. 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 public parking easement across the following described lands, to- wit: T. 36 N., R. 119 W., 6th P.M., Lincoln County, Wyoming Section 33' A parcel of land in the SW1/4SE1/4 described as Miller Parking Area No. 1 on the attached Exhibit A. together with the right of the GRANTEE to contain said parking area with a post and cable barrier and to construct thereon such sanitation and other facilities as GRANTEE may desire and to thereafter maintain and repair the same. 3. A permanent public 'right-of-way and access for vehicular traffic across the following doscribe lands, to-wit: T. 36 N., R. 119 W., 6th P.M., Lincoln County, Wyoming Section 33'A parcel of land in the S1/2 described as Miller Access Road on the attached Exhibit A. together with the right of Grantee to construct and reconstruct said acceis road as is desired and to thereafter maintain the same in good usable condition. 4. The right to improve the bed and banks of the Salt River and other creeks or springs by constructing therein cribs, squares, triangles, or other such structures as may be desired b'y 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. 5. The right for GiCANTEE and its employees to enter the above-described lands for fish stocking and other related purposes as they deem necessary. 6. The right to construct and maintain pedestrian foot stiles or pedestrian openings in the fence that excludes livestock wherever existing fences cross said river and creeks or springs. 7. 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 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. 8. 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 said river and creeks or springs as may be necessary or desirable in improving the fishery. 9. GRANTOR further agrees not to remove any brush, willows or other vegetation other than noxious weeds from within twenty-five (25) feet of any river 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. 10. That the GRANTOR, their successors, assigns or employees, shall not change or alter the course of the Salt River or other creeks or springs unless prior written consent has been obtained therefrom the GRANTEE. 11. GRANTOR agrees that they will not construct or cause to be constructed any structures of whatever type on the fishing and waterfowl hunting easement, access road and parking area without first obtaining written permission from GRANTEE. GRANTOR will have the right to construct fences across the vehicular 'access road if GRANTOR provides public vehiculgr access by installation of a cattle guard wherever fence crosses said road. GRANTOR will be responsible for maintaining cattle guard(s) so as not to impede vehicular access. 12. 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 ~,alid existence of any structure on the easement. 13. 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 GRANTOR'S heirs, personal representatives, successors and assigns. 14. GRANTOR hereby releases and waives all rights existing under and by virtue of the Homestead Exemption Laws of the State of Wyoming. 15. 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. 16. The WYOMING GAME AND FISH COMMISSION does not waive its sovereign immunity by enteripg 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 O'"~.,~//// ,2001. Melvin L. Miller STATE OF ) )ss COUNTY OF ) On this .,/'~ day of ~/./..../~,/ ,2001, before me personally appeared Melvin L. Miller in and who executed the f0reg6fng instrument and acknowledged that he executed the same as his free act and deed. ... ,,/? - /.-"'D /' ~.,..-'¢/' , - / , _. Notary Panic --....l Tammi Millei STATE OF '~t,/O'-flk(,)'kc/~ss COUNTY OF /~J'r"l (0/?"1 ) On this *fl'h day of ~Ce/)~ 2001, before me personally appeared Tammi Miller in and who executed the foregoing instrument and ac~owledged that she executed the same as her flee act and deed. Chad O. Miller STATE OF j4_/q/~,~/ ) On this ~ day of ~.~c~ ,2001, before me personally appeared Chad O. Mille~ in and who executed the ~regoin~ instrument and ac~owledged that he executed the sine a~ his free act and deed. : Not~ry Public My commission expires: //- oQO~ ;~ lO, e? ~ !. ~' ~'~ St~ ~. Brad G. l¢/II~'--~ "-- STATEOF /,/.?uag~gW~2~,/ ) v/.5 i / )ss z.--/ COUNTY OF.t~,!.?~_r~},..; ) On this ~' day of ~z/ , 2001, before me personally appeared Brhd G. Miller in gnd who executed the ~re~oi~g instrument and acknowledged that he executed the same as his ~ee act'and deed. Notary Public, 1~71~~~ Tina Miller STATE OF )SS ) On this ID day of 200 , before me personally appeared Tina Miller in and who executed the foregoing instrument and acknowledged that she executed the same as her fi'ee act and deed. ~,~ ~'~"~ ""'"'""~:"" ........ ~' " .......... ~ Nota~ Public ~-~ My commission expires: /D ~ ~D '