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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