HomeMy WebLinkAbout905807 RECEIVED 1/11/2005 at 11:17 AM
RECEIVING # 905807
BOOK: 576 PAGE: 849
JEANNE WAGNER
LINCOLN COUNTY CLERKi KEMMERER, WY
ATE OF WYOMING
A~NT OF EASEMENT
Easement No. 5209
Fontenelle Creek Road
WHEREAS the Board of Land Commissioners approved this grant of easement on June 6, 1991; THEREFORE,
the State of Wyoming, acting through its Board of Land Commissioners (Grantor), for and in consideration of the
payment of Nine hundred sixty-nine and no/100 dollars ($969.00) hereby grants and conveys to the United States
of America (Grantee), a permanent use, in the following described tract of land, public roadway purpose only, more
particularly described as follows:
All that portion of the W½ of Tract 43, originally Section 36, T.26N.,K 116W., of the 6th P.M., Lincoln
County, Wyoming, lying between parallel fight of way lines 60 feet apart, being 30 feet on each side when
measured at right angles as described on the attached exhibits. The described parcel of land contains 9.69
acres, more or less. -'
See attached Exhibits A & B
These descriptions are based on a survey done by and under the authority of, Patricia S. Factor with
Wyoming PLS No. 7049 in September of 2004.
The above described tract being more specifically shown on a plat filed in the Office of State Lands &
Investments.
TO HAVE AND TO HOLD this easement across the above-described tract of land for the purpose of locating,
constn~cting, using, maintaining, improving, and repairing the above-described public roadway, subject to the
following conditions:
The rights granted herein shall forever be subject to the fights 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 whtten
notice from the grantor, remove or relocate at its own expense the above-described public 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
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
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 tTansfer 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
other law.
pursuant to Wyo. Stat. § 1-39-104(a) and all
e sCs
IN TESTIMONY WHEREOF, the Board of Land Commission~au. se. cd41~ instrument to be signed by
its seal to be affixecVon the lP~'day'6f December, 2004.
its President and countersigned'by its Secretary, and
Governor, President
Board of Land Commissioners
,..' Countersigned:
tare Lands & Investments
(A~tDrne~ General't Office Approval as to Form:
-'~te~h~ie Anbx~', A;sist,'mt Att rn y General
Examined
850
State of Wyoming
Easement No. 5209
Exhibit A
EXHIBIT A
Right of Way Description for
Forest Road 10103
Sixth Principal Meridan
T. 26 N., R. l16W.
Tract 43, W1/2, that portion described as follows:
Commencing at the intersection of centerline of Fontenelle Creek Road (Forest Road
10103) and the south boundary of Tract 43, which bears S 89°52, W, 110 ft. from AP 4
cor. of said Tract (AP 4 is identical with south 1/4 cot. of Sec. 36, of said township);
thence along the centerline of Forest Road 10103 N 36°17' W, 340 ft.; thence along a
curve right with radius 800 ft., length 318 ft.; thence along a curve left with radius
1119 ft., length 799 ft.; thence N 58°45' W, 155 ft.; thence along a curve right with
radius 1000 ft., length 165 ft.; thence N 49°18' W, 112 ft.; thence along a curve left wiffi-'
a radius 400 ft, length 296 ft.; thence S 88020, W, 75 ft.; thence along a curve right with
radius 60 ft., length 83 ft; thence N 13018, W, 90 ft.; thence N 22o13, W, 91 ft.; thence
N 11°20, W, 119 ft.; thence along a curve left with radius 100 ft., length 119 ft.; thence
N 79°31' W, 218 ft.; thence along a curve right with radius 100 ft., length 91 ft.; thence
N 27°19, W, 51 ft.; thence along a curve right with radius 300 ft., length 244 ft.; thence
N 19°15' E, 93 ft.; thence along a curve right with radius 500 ft., length 151 ft.; thence
N 36033, E, 307 ft.; thence along a curve with radius 500 ft., length 89 ft.; thence
N 46043, E, 96 ft.; thence along a curve left with radius 300 ft., length 94 ft.; thence
N 28044, E, 324 ft.; thence along a curve right with radius 300 ft., length 187 ft.; thence
N 63°55' E, 121 ft.; thence N 54°29' E, 173 ft.; thence N 66034' E, 195 ft.; thence along
a curve left with radius 100 ft., length 86 ft.; thence N 17o38' E, 1183 ft.; thence along a
curve right with radius 500 ft., length 246 ft.; thence N 45048, E, 30 ft.; thence along a
curve left with radius 200 ft., length 162 ft.; thence N 00o28, W, 135 ft. to the
intersection of said road and the north boundary of said tract, which bears N 3°52' W,
5335 ft. from AP 4 cor. of said tract.
The right of way will be prolonged or shortened to intersect the boundary of said tract.
The right of way width is 60 ft., 30 ft. on each side of centerline with a 14 ft. running
surface. The ri'ght of way limit will be adjusted to accommodate the cuts and fills for
the road.
The right of way is 7038 ft. long and contains 9.69 acres more or less.
State of Wyoming
Easement No. 5209
Exhibit B