HomeMy WebLinkAbout898009 STATEOF WYOMING
BOOK. ,, ~:).GF.~ .q~ GRANT OF EASEMENT
S0k~l]~qEasement No. 64~qNCOLr~5~J~ CLERK X~"~~
~AS the Board of La~ ~~ne~ approved this ~ant of msement on December 12, 2002;
T~REFORE, the State of Wyon~ch~ ~rough its Board of~afifl~i~Sp~[sp(Qrantor), for and in
consideration of ~e payment of One thomand fifty-nine and 00/100 dollars ($ (j059.00) her~b~ ~ants ~d ~nveys
to Kdell Bagley and Che~l Lynn Bagley (Grantee), a pe~anent use, in.~t$~in~/O~q~ed, tract of land, a non-
exclusive roadway pu~ose only, more pa~icularly descfib~ ~ follows: ''' ::'~.~ ' ~ ~ ~ '
All that poffion of the SE~SE~ of Section 16, T.31N.,R. 119W., of the 6th P.M., Lincoln CounW,
Wyoming, l~ng be~een parallel right of way l~es 30 feet apart, berg 15 feet on each side when
measured at right angles as described on ~e a~ched e~ibits. The described parcel of land contains .47
acres, more or less.
See attached Exhibits A, B, and C
These descriptions are based on a survey done by and under the authority of, Marlow A. Scherbel with
Wyoming PPLS No. 5368 and certified in November of 2002.
The above described tract being more specifically shown on a plat filed in the Office of State Lands &
Investments.
This roadway easement shall benefit the following described property to-wit:
Township 31 North, Range 119 West
Section 15: A portion of land in the SW¼SW¼SWI/4 as shown on Exhibit B
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 non-exclusive roadway, subject to
the following conditions:
The rights granted herein shall forever be subject to the rights of the State of Wyoming, 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, the grantee shall, upon written
notice from the grantor, remove or relocate at its own expense the above-described non-exclusive roadway.
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 the State of Wyoming or its assigns, the same
as if this grant had never been made. Failure to report, to the grantor, the status of the use of this easement
ever), ten years from the date of this grant shall be evidence of intent by the grantee to abandon this
easement. Should this easement be abandoned by the grantee, the above-described tract of land shall be
returned to a condition satisfactory to the landowner.
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 the grantor within thirty days (30) 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 Wvo. Stat. § 1-39-104(a) and all other law.
IN TESTIMONY WHF. REOF, the 'Board of l,and Commissioners has caused this instrument to be signed by
its President and countersigned by its Secretary, and its seal to be a/~xed on t a~day ol'January, 2003.
Countersigned:
Governor, President
Board of Land Commissioners
Di]-ec]tor, Secretary' '
Office o1" State Lands & Investments
Attorney General's Office Approval as to Form:
N Assistant Attorney General
Examined
DESCRIPTION
FOR
KDELL BAGLEY AND CHERYL BAGLEY
SPRING CREEK LANE SOUTH
.... of Wyoming
Easement No. 6470
Exhibit A
To-wit:
A strip of land thirty (30) feet in width being part of the SE¼SE¼ of Section 16, T31N,
R119W, Lincoln County, Wyoming, described as follows:
BEGINNING at a position N00°-31'-36"E, 138.0 feet from the southeast comer of said
Section 16;
thence N00°~31 '-36"E, 698.9 feet, more or less, along the east line of said SE¼SE¼, to the
southerly right-of-way line of the Fairview - Spring Creek County Road No. 12-144;
thence S52°-32'-55"W, 38.06 feet, along said southerly right-of-way line, to a position;
thence S00°-31'-36"W, 675.5 feet, more or less, along a line parallel with and thirty (30)
' feet westerly of said east line, to a position
thence S89°-28'-24"E, 30.00 feet, to the POSITION OF BEGINNING;
that the above described easement is appurtenant to that tract of record in the Office of the
Clerk of Lincoln County in Book 156 of Photostatic Records on page 9 within the
SW¼SW¼ of Section 15, T3 IN R119W, Lincoln County, Wyoming;
each "comer" found as described in the Comer Record filed in the Office of the Clerk of
Lincoln County;
all in accordance with the attached plat titled, "PLAT TO ACCOMPANY APPLICATION
FOR KDELL BAGLEY AND CHERYL BAGLEY FOR RIGHT-OF-WAY ACROSS
LANDS OF THE STATE OF WYOMING WITHIN SECTION 16 T31N Rll9W
LINCOLN COUNTY, WYOMING",/d~tte 75 October 2002.
l! 5 No~ember 2002 // {~[~ ~ ' O\~ ~,
Pmlessional Land Surveyors
Paul N $che~'bel
Wyo. Regisli'alion NO. 164
Utah Registration No. 1670
Idaho Registralion No. 3990
Nevada Regislrslion No. 6805
Scott A. $che~el
Wyo. Registration No. 3869
Idaho Reglstmlion No. 8026
Ulah Registration No, ;372111
MARLOWE A. SCHERBEL
W¥o. Reglslralion No. 5368
Sun*'eyor Sche,"bel, LTD.
^~, w,/om~g
81g Piney, Wyoming
JacJ~on, Wyoming
Lava Hol Springs, Idaho
Monlpelier, idaho
"Modification in any way of the foregoing description terminates liability of the surveyor"
STATE OF WYOMING )
COUNTY OF LINCOLN) SS...
Marlowe A. Scherbel states he is by occupation a Professional Land
Surveyor employed by Kdell Bagley to make the survey of the Spring
Creek Lane South as described and shown on this plot; that the survey of
said lane was made In July 2002 by Mark L. Lovelond, under his
supervision, onid from records In the Office of the Clerk of Lincoln
State of Wyoming
Easement No. 6470
Exh/bit B
County.
~e foregoing instmment.~e~_ecknowle¢~ed ~fore me by
Modowe A. Sche~el this~ dey of ~~2002.
~tn~s my hand and offlclol
LOCATION MAP
T31N Rl l9W
NB$"~T12'E 2057,85'
Dry Creek County
No. 12-14~
APPUCANT:
Kddl Ba~ley end Cher~ gagley
t572 Spring ~ R~d
P.O. Box ~
Fa~ew, W~g 83119
PLAT TO AiXXIMPAHY ~CATION
~ BAOI.HY AND ~YI, BAOIJgY
POR
RIOHT--OF-WAY AI~tO&S LANDS O~ THI1
b'TAT~ Ol~ WYOMIN~
~ 16 T31N RIIPlV
· 7'o
BOX 7~5 AFT~
~eld Book: ZQ-47 pp. 50-52, 57-62 dAGKS~
~(dellBo;le~oaement pro Plot ~5 No.tuber 2002
LEGEND
[]
State m ,¢yoming
Easement No. 6470
Exhibit C
Indicates Corner Record filed in the
Office of the Clark of Lincoln County,
Indlcotes o calculated posltlon, no
monument found or
Indicates o 1/4' x 7' steel spike
of record.
DETAIL OF
SPRING CREEK LANE SOUTH
400 PR 1:30
Spring Creek Lone __..
I
Spring Creek ~
Lane South
30
SOg'28'24"E..~
30°00°
$'17.8s.3e,.59-£
2553.72'~ ~ 98.g5'
156 PR 9 ' ~
Kdell Bogley and
/
Cheryl Bagley
~-approxlmate location of
---..~. _ existing driveway
S.161S. 1§
S.22
Wldth of right-of-way 30 feet .
Length of right-of-way 698.9± feet
Acreage of right-of-way 0.47 acre, all In the
SE1/4SE1/4 of Section 16, T51N, R119W
Indicates a 5/8' x 24' steel reinforcing rod
with a 2' aluminum cap Inscribed: "SURVEYOR
SCHERBEL LTD. AFTON W'fOMING PLS
with appropriate details, set this survey.
indicates centeHine of Falrvlew-Sprlng
Creek County Road No. 12-144.
Indicates a right-of-way llne.
indicates an easement line.
Lands appurtenant to easement from
State of Wyoming.
The Base Bearing for this survey la the north line of
the NWl/4. of Section 10, T51N, Rl19W, being WEST.
PI. AT TO AiXXIIt~AHY APP~CATIOI~
FOR
~ BAGLi~ AND CItSR~ BAGI. IIY
FOR
RKtHT-OIZ-WA Y ACROSS LANI~ OF Ti:IH
STATB OF WYOMIHO
~OH lt~ T31N RIIgW
APPUCANT:
Kdell Bagley end Cheryl Bagloy
1372 Spring Creek Road
P.O. Box 58
Falrvlew, Wyoming 85119
Date 25 October 2002 ~
Field Book: ZQ-47 pp. 50--52, 57-62 JACKS~ MYOi~.--TELEPt~ 307-Z33-5~;03