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Home My WebLink About898057 STATE OF WYOMING BOO/( 5 5 0 ';' ,::: - GRANT OF EASEMENlq£C£1VED ------~PI~ PaOl~~5'2 ,, Dt~k Easement No. ~R¢4OLt,I COUtqT¥ CLERK r?~,(~ ' ,. .,.,.f. .,,..,_ r~, ~t,¢, WHEREAS the Board of ' ckC,o jssioners approved ¢i sF¢ 'ng f &ePeii;*on February 5, 2004; THEP FOm , the State of W:~rhj~,Lt&ln~ ough its Board or Lan,d, ,C_Oq,nm,'sfiionerS (Grantor), for and in consideration of the payment o£ Two hun&ed fifty and no/100 dollaral ~¢:2~'~10),.._,,.. . h~i~8~4.~r~ts. ,.., ¢,,:~,.,,.., ,and conveys to Roy E. Rorabaugh and Heather D. Rorabaugh (Grantee), a permanent use,: iii [h~:i~ll&wihg deSbn~ed tract ofla~d, a non- exclusive roadway purpose only, more particularly described as follows: All that portion of the SW¼SW¼ of Section 36, T.34N.,R. 119W., of the 6th P.M., Lincoln County, Wyoming, lying between parallel right of way lines 60 feet apart, being 30 feet on each side when measured at fight angles as described on the attached exhibits. The described parcel of land contains .04 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 September of 2003. 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 34 North, Range 119 West Section 35: Lot 1 o£White Tail Flat Subdivision 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, mid extract any and all minerals or other subsurface resources beneath this easement. If required for mineral exploration, development or extraction, the grantee shall, upon xm'itten notice fi.om the grmg. tor, 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 un~er 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 every 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 retnrned 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 ad&ess 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 immumty 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. its P IN'' TEST_IMONY WHEREOF, the Board of Land Commissioners has/can,smec~ this instrument to be signed by resident and countersigned by its Secretary, and its seal to be affixed o/o~- e 12~ day/or, arch, 2004. Governor, President Board of Land Connnissioners Countersigned: A~o~e~y~~e Approval as to Form: Stepl~a~i~: Anesi Assistm~t Attorney General Examined Prolesslo~al Land Surveyors Paul N. Scherbel WYO. Reglslration No. 164 Ulah Registralion No. 1670 Idaho Registration No. 3990 Nevada Registrallon No. 6805 Scott A. Schetbel Wyo. Ragistcation No. 3889 Idaho Regislmllon No. 6026 Ulah Regialration No. 3721 MARLOWE A. SCHERBEL Wyn. Rngislralion No. 5368 Surveyor Scherbel. LTD. Aflon, Wyoming Big Piney, Wyoming Jackson, Wyoming Lava Hol S~ing~, Idaho Monlpelier. Idaho ~!. DESCRIPTION FOR State of Wyoming Easement No. 6854 Exhibit A ROY E. RORABAUGH AND HEATHER D. RORABAUGH WHITE TAIL LANE To:wit: - - A strip of land sixty (60) feet in width being part of the SW¼SW¼ of Section 36, T34N, R119W, Lincoln County, Wyoming, with the southerly line, described as follows: BEGINNING at a position on the west line of said SW¼SW¼, N00°-15'-20"W 704.12 feet from the southwest comer of said SW¼SW¼; thence N57°-49'-42"E, 17.23 feet to a point; thence N82°-51'-00"E, 14.20 feet to a point on the westerly fight-of-way line of U. S. Highway 89, N02°-02'-43"E, 715.51 feet from said southwest comer; the BASE BEARING for this survey is the south line of the SE¼ of Section 35, T34N, R119W, being S89°-58'-00"W;. the northerly right-of-way line of the above described easement to be shortened or lengthened as necessary to create a continuous easement with a minimum width of sixty (60) feet to meet the westerly right-of-way line of said U. S. Highway 89 and the west line of said SW¼SW¼; each "comer" found as described in the Comer Record filed or to be filed in the Office of the Clerk of Lincoln County; each"po'~n['" marked by a 5/8" x 24" steel reinforcing rod with a 2" aluminum cap inscribed, "SURVEYOR SCHERBEL LTD AFTON WY PLS 5368', with appropriiate details; each "position" is a calculated position with no monument found or set; all in accordance With the attached plat titled, "PLAT TO ACCOMPANY ROY E. RORABAUGH AND HEATHER D. RORABAUGH FOR RIGHT-OF-WAY ACROSS LANDS OF THE STATE OF R! 19W LINCOLN, WYOMI~ 7September 2003" t WITHIN SW¼SW¼, SECTION 36 T34N 1 of 2 and sheet 2 of 2, dated 29 September 2003, S/D White Tail "Modification in any way of the fc~c.o.~qq..,,,.:,:.:..,_ description terminates liability of thc-:--~- :or" STATE OF WYOMING ) ) SS... COUNTY OF' LINCOLN ) st~":'0f Wyoming Easement No. 6854 Exhibit B I, Marlowe A. $cherbel of Alton, Wyoming, hereby certify that I om by occupation o professional land surveyor 'employed by Roy E. Rorobough and Heather D. Rorob0ugh to make the survey of White Toil Lone os described and shown on this plot; that the survey of said lone was mode in April 200.3 by Benjamin S. Scherbel, under mX supervision, and from records in the Office of the Clerk of Lincoln County. 0S9S057 The foregoing Instrumentwos acknowledged before me by Marlowe A. Sche~bel this~O'f~oy ~:~". 2003.. witness my hand one officio ' "~ ~N Rll9W Notary Public 30f PR 346 Robert dated 28 ~,.~.See Detail "A" Lot I of ~h~te ~ail Flat Subdivisixm ~ R. Ro~a~h Sheet 2 of 2 indicates o corner record filed in the Office of the Clerk of Lincoln County. Indlc0tes o §/8" x 24" steel reinforcing rod with o 2' aluminum cod inscribed, 'SURVEYOR SCHERBEL LTD AFTON WY PLS 5368', with opproDrlote details, set this survey. tndlcote$:o 5/8" x 24" steel relnforclng rod with o 2" aluminum cop Inscribed. "SUR'vEYOR SCHERBEL LTD AFTON Wa' PL5 5;~§0' or "SURV[¥OR 5CHERI~EL LTD BIG PIN[Y PL$ 5..3§§". with appropriate detoOs. ~ound o¢ of reco(d. Indicates o 73/8' X 12' steel splke, found. indicates on existing fence line. Indicates o centerllne. Indicates o rlght-of-woy Ilne. Indicates 'on easement line. The Bose Bearing for thl~ survey Is the south line Of the SE1/4 of SecUon T34N. RllgW. being 500'58'00'W. PLOT DATE; 30 September 2003 ~.R-,/~.,~ ~'~. Alii Nar, APPLICANT: Roy E. Rorebough and Heather D, Ror0b0ugh P.O. Box 4243 Bedford. Wyoming 8.3112 PLAT TO ACCOMPANY APPLICATION FOR ROY F,. RORABAUGH AND H~THHR D. RORABAUGH POR RIGHT-OF-WAY ACROSS LAND~ O~ 37'-ZE STATE OF WYOMING SW1/48WI/4 SEC-~ON 36 T34N RI I9W LINCO~ COUNTY, WYO~G $~ I OP 2 ,,, , Cop~lght (~) 2003 by Surveyor Scherbel LTD. All rights reserved X State of WyOming Easement No. 6854 Exhibit C ,'lh / /- /- ./ / 'tOl DAIE: 30 $cpt~mbe* 2013'!