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EASEMENTa
This Easement, made this ____ day of ___________, 2000, by and between , Grantor (whether one or more) , and Wisconsin Trout Unlimited, Inc., a Wisconsin Nonstock corporation, Grantee.
WHEREAS, the Grantor is the owner in fee simple of certain real estate located in_________ County,
Wisconsin, upon and through which flows the stream known as ________,
which real estate is more specifically described as:
WHEREAS, the Grantee desires to develop, operate and maintain an easement along said stream as a public fishing area for use and benefit of the general public.
NOW, THEREFORE, the Grantor, for and in consideration of the sum of One Dollar ($1.00) and the mutual terms and conditions hereinafter contained, conveys to the Grantee, upon acceptance by the Grantee, within two months of the date hereof, an easement and right, for a term of _____ years/in perpetuity (fill in or cross out one as appropriate), to develop and maintain such easement for the use and benefit of the general fishing public. Said easement (hereinafter the “Premises”) shall extend for a width of ________ adjacent to the high water mark of __________ ___________(stream) as it travels across and through Grantor’s lands as described above, and shall move consistent with any movement of the stream within the limits of the legal description above.
The use of the Premises as a public fishing area for the use and benefit of the public shall include the following rights:
1. The public shall have the right: (a) to enter upon and utilize the Premises to the extent
necessary for the full enjoyment and use of the rights and privileges granted by this easement, including but not limited to an angler’s path along the Premises, (b) to catch and take fish from the waters thereon by legal means, and (c) to observe wildlife and enjoy scenic beauty.
2. The grantee shall have the right: (a) to protect and develop the waters of the stream named above on the Premises by installation and maintenance of current deflectors, covers, retarders and any other means deemed necessary by the Grantee for the purpose of fostering, improving and enhancing fishing therein without interference with the Grantor’s use of land; (b) to post such signs and posters along the subject lands as are necessary to delineate them for public use; (c) to protect from erosion the Premises by mechanical means such as fencing, machinery crossings, riprap, bank grading, building erosion control works and structures, and (d) to cut, maintain or plant trees, shrubs or plants where and to the extent deemed necessary for the protection of the stream, and (e) where necessary, to remove or destroy beaver dams and control beaver populations for fish management purposes. If required by law, Grantor shall co-apply with the Grantee for any and all state, federal and local licenses, permits and approvals necessary for exercising the rights granted to the Grantee pursuant to this easement. The Grantee shall pay all fees and incidental expenses for licenses, permits and approvals applied for pursuant to this easement.
3. The Grantee, its officers and agents shall have the right of ingress and egress from the Premises across all contiguous lands owned by the Grantor for the purpose of carrying out the rights which are provided for in this easement, and for the purposes of assessing and maintaining the aquatic community. It is understood that field roads, roadways, passageways, lanes or other normally traveled routes will be utilized for such ingress and egress whenever possible and where such travelways exist. The Grantor may provide a designated route to and from the Premises which the Grantee shall use if said route is reasonably convenient.
4. The Grantee assumes the responsibility for the adjustment and payment of damages arising from the operation of the above-described property, but within the limits of the laws of the State of Wisconsin. The Grantor shall submit a verified statement of damage resulting to his or her property within ten (10) days of the date such damage was first noted by the Grantor. The Grantor’s failure to report this damage within the prescribed time period shall bar any recovery herein provided.
5. The Grantor reserves the right to the use of the land, including the right of fishery in said stream, insofar as such right is not inconsistent with the use of the same as a public fishing area with rights, privileges and easements hereby granted, and to use the water in the stream for domestic purposes including watering cattle and other stock, at locations approved in writing by the Grantee. The Grantor controls the Premises for hunting and trapping in accordance with applicable regulations, except as provided in Par. 2e above.
6. Any ambiguity in this easement shall be construed in a manner which best effectuates conservation and protects or enhances fishing, the fish populations the aquatic habitat and the quality of the waters herein. This easement shall become effective when signed by both parties and recorded.
WITNESS the hands and seals of he Grantor and any person joining in and consenting to his conveyance on the day and year hereinbefore stated.
________________________________________
State of Wisconsin ) County ) Personally appeared before me this ___ day of _______, 2000, the above-named , to me known to be the person(s) who executed the foregoing instrument and acknowledged the same.
__________________________________ Notary Public, State of Wisconsin My Commission ____________________
ACCEPTED THIS _____ DAY OF _______, 2000.
WISCONSIN TROUT UNLIMITED, INC.
By:________________________________ Its_________________________________
State of Wisconsin ) __________ County )
Personally appeared before me this ___ day of ______, 2000, the above-named _______ _______________, to me known to be the person (s) who executed the foregoing instrument and acknowledged the same.
__________________________________ Notary Public, State of Wisconsin My Commission ____________________ This Instrument was drafted by Attorney John W. Welter |
