Chapter 25 - Plane Coordinates System - Wyoming Statutes

CHAPTER 25 - PLANE COORDINATES SYSTEM

 

34-25-101. System of plane coordinates adopted; zones.

 

 

(a) The system of plane coordinates which has been establishedby the office of National Geodetic Survey, or its successors, for defining andstating the positions or locations of points on the surface of the earth withinthe state of Wyoming is adopted and hereafter shall be known and designated asthe "Wyoming Coordinate System NAD 1983."

 

(b) For the purpose of the use of this system, the state isdivided into an East Zone, an East Central Zone, a West Central Zone and a WestZone:

 

(i) As established for use in the East Zone, the WyomingCoordinate System shall be named, and in any land description in which it isused it shall be designated, the "Wyoming Coordinate System NAD 1983, EastZone." The following counties will use Wyoming Coordinate System NAD1983, East Zone: Laramie, Albany, Platte, Niobrara, Converse, Weston, Crook,Campbell, and Goshen;

 

(ii) As established for use in the East Central Zone, theWyoming Coordinate System shall be named, and in any land description in whichit is used it shall be designated, the "Wyoming Coordinate System NAD1983, East Central Zone." The following counties will use WyomingCoordinate System NAD 1983, East Central Zone: Carbon, Natrona, Johnson,Sheridan, Washakie, and Big Horn;

 

(iii) As established for use in the West Central Zone, theWyoming Coordinate System shall be named, and in any land description in whichit is used it shall be designated, the "Wyoming Coordinate System NAD1983, West Central Zone." The following counties will use WyomingCoordinate System NAD 1983, West Central Zone: Sweetwater, Fremont, Hot Springs,and Park;

 

(iv) As established for use in the West Zone, the WyomingCoordinate System shall be named, and in any land description in which it isused it shall be designated, the "Wyoming Coordinate System NAD 1983, WestZone." The following counties will use Wyoming Coordinate System NAD1983, West Zone: Uinta, Lincoln, Sublette, and Teton; also Yellowstone NationalPark.

 

34-25-102. Designation of coordinates.

 

Theplane coordinates of a point on the earth's surface, to be used in expressingthe position or location of such point in the appropriate zone of this system,shall consist of two (2) linear distances, expressed in meters to the nearestmillimeter. One (1) of these distances, to be known as the"x-coordinate" or "east-coordinate," shall give theposition in an east-and-west direction; the other, to be known as the"y-coordinate" or "north-coordinate," shall give theposition in a north-and-south direction. These coordinates shall depend uponand conform to the coordinates, on the Wyoming Coordinate System NAD 1983 ofthe National Geodetic Survey, or its successors, within the state of Wyoming,as those coordinates have been determined by the survey.

 

34-25-103. Land extending into a second zone.

 

Whenany tract of land to be defined by a single description extends from one into asecond of the coordinate zones specified in W.S. 34-25-101, the positions ofall the points on its boundaries may be referred to either of the two (2)zones, and the zone which is used shall be specifically named in thedescription.

 

34-25-104. Definition of zones; horizontal control stations.

 

 

(a) For purposes of more precisely defining the WyomingCoordinate System NAD 1983 the following definition of the zones is adopted:

 

(i) The Wyoming Coordinate System NAD 1983, East Zone, is atransverse Mercator projection of the North American Datum of 1983, having acentral meridian at 105 10' West of Greenwich onwhich meridian the scale is set at one part in 16,000 exactly. The origin ofcoordinates is at the intersection of the parallel at 40 30' North Latitude and the meridian at 105 10' West of Greenwich. This origin is given the coordinates:x=200,000 meters and y=0 meters;

 

(ii) The Wyoming Coordinate System NAD 1983, East Central Zone,is a transverse Mercator projection of the North American Datum of 1983, havinga central meridian at 107 20' West of Greenwich onwhich meridian the scale is set at one part in 16,000 exactly. The origin ofcoordinates is at the intersection of the parallel at 40 30' North Latitude and the meridian at 107 20' West of Greenwich. This origin is given thecoordinates: x=400,000 meters and y=100,000 meters;

 

(iii) The Wyoming Coordinate System NAD 1983, West Central Zone,is a transverse Mercator projection of the North American Datum of 1983, havinga central meridian at 108 45' West of Greenwich onwhich meridian the scale is set at one part in 16,000 exactly. The origin ofcoordinates is at the intersection of the parallel at 40 30' North Latitude and the meridian at 108 45' West of Greenwich. This origin is given thecoordinates: x=600,000 meters and y=0 meters;

 

(iv) The Wyoming Coordinate System NAD 1983, West Zone, is atransverse Mercator projection of the North American Datum of 1983, having acentral meridian at 110 05' West of Greenwich onwhich meridian the scale is set at one part in 16,000 exactly. The origin ofcoordinates is at the intersection of the parallel at 40 30' North Latitude and the meridian at 110 05' West of Greenwich. This origin is given thecoordinates: x=800,000 meters and y=100,000 meters.

 

(b) The position of any survey control point in the WyomingCoordinate System NAD 1983 shall be as marked on the ground by horizontalcontrol stations established in conformity with standards adopted by theFederal Geodetic Control Committee, or its successors, using first-order,second-order or higher-order accuracy survey work, whose geodetic positionshave been rigorously adjusted on the North American Datum of 1983 and whosecoordinates have been computed on the system herein defined. Any such stationmay be used for establishing a connection with the Wyoming Coordinate SystemNAD 1983.

 

34-25-105. Recording coordinates; use of satellite survey techniques.

 

Nocoordinates based on the Wyoming Coordinate System NAD 1983, purporting todefine the position of a point on a land boundary, shall be presented to berecorded in any public land records or deed records in the office of a countyclerk unless a record and report of survey of the actual survey to establishthe plane coordinates of the point has been filed with the county surveyor, thecounty engineer or the county clerk and in conformity with the standardsprescribed in W.S. 34-25-104. When acceptable satellite survey techniques areemployed, a minimum of two (2) independent observing sessions shall be executedand shall agree to not less than one (1) part in one hundred thousand (100,000)of the distance between the points. The procedures and results shall conformwith the standards in W.S. 34-25-104.

 

34-25-106. Reference to system on maps.

 

Theuse of the term "Wyoming Coordinate System NAD 1983" on any map,report of survey or other document, shall be limited to plane coordinates basedon the Wyoming Coordinate System NAD 1983 as defined in this chapter.

 

34-25-107. Description in other surveys; conflicts.

 

Wherevercoordinates based on the Wyoming Coordinate System NAD 1983 are used todescribe any tract of land which in the same document is also described byreference to any subdivision, line or corner of the United States public landsurveys, the description by plane coordinates shall be construed as supplementalto the basic description of such subdivision, line or corner contained in theofficial plats and field notes filed of record, and in the event of anyconflict the description by reference to the subdivision, line or corner of theUnited States public land surveys shall prevail over the description by planecoordinates. Every recorded map, survey or conveyance, or other instrumentaffecting title to real property which delineates, describes or refers to suchproperty or any part thereof by reference to coordinates based upon the WyomingCoordinate System NAD 1983 shall also describe the property by reference andtie to a controlling corner monument of the United States public land surveys,if applicable.

 

34-25-108. Application.

 

Nothingcontained in this chapter shall require any purchaser or mortgagee to rely on adescription, any part of which depends exclusively upon Wyoming CoordinateSystem NAD 1983.

 

34-26-101. Short title; definitions.

 

(a) This act shall be known and may be cited as the "WyomingUniform Law on Notarial Acts".

 

(b) As used in this act:

 

(i) "Acknowledgment" means a declaration by a personthat the person has freely and voluntarily executed an instrument for thepurposes stated therein and, if the instrument is executed in a representativecapacity, that the person signed the instrument with proper authority andexecuted it as the act of the person or entity represented and identifiedtherein and that the person acknowledges that the instrument was executed andacknowledged freely and voluntarily;

 

(ii) In a "representative capacity" means:

 

(A) For and on behalf of a corporation, partnership, trust orother entity, as an authorized officer, agent, partner, trustee or otherrepresentative;

 

(B) As a public officer, personal representative, guardian orother representative, in the capacity recited in the instrument;

 

(C) As an attorney in fact for a principal; or

 

(D) In any other capacity as an authorized representative ofanother.

 

(iii) "Notarial act" means any act that a notarialofficer of this state is authorized to perform, and includes taking anacknowledgement, administering an oath or affirmation, taking a verificationupon oath or affirmation, witnessing or attesting a signature, certifying orattesting a copy and noting a protest of a negotiable instrument;

 

(iv) "Notarial officer" means a notary public or otherofficer authorized to perform notarial acts;

 

(v) "Verification upon oath or affirmation" means adeclaration that a statement is true made by a person upon oath or affirmation;

 

(vi) "This act" means W.S. 34-26-101 through34-26-109.

 

34-26-102. Notarial acts.

 

(a) In taking an acknowledgment, the notarial officer shalldetermine, either from personal knowledge or from satisfactory evidence, thatthe person appearing before the officer and making the acknowledgment is theperson whose true signature is on the instrument.

 

(b) In taking a verification upon oath or affirmation, thenotarial officer shall determine, either from personal knowledge or from satisfactoryevidence, that the person appearing before the officer and making theverification is the person whose true signature is on the statement verified.

 

(c) In witnessing or attesting a signature the notarial officershall determine, either from personal knowledge or from satisfactory evidence,that the signature is that of the person appearing before the officer and namedtherein.

 

(d) In certifying or attesting a copy of a document or otheritem, the notarial officer shall determine that the proffered copy is a full,true and accurate transcription or reproduction of that which was copied.

 

(e) In certifying an instrument executed by a business entitythe notarial officer shall determine that the person who signed the instrumenton behalf of the business entity appeared before and was personally known tothe notarial officer making the certification, and was by him duly sworn andupon oath represented that he was the president or other officer or agent ofthe business entity, that the instrument was signed on behalf of the entitypursuant to his authority to do so, and that the person who executed theinstrument on behalf of the business entity acknowledged the instrument to bethe free act and deed of the business entity. For purposes of this subsection"business entity" means corporation, limited liability company,partnership or other entity, whether for profit or not for profit, authorizedto be formed under title 17 of the Wyoming statutes or the laws of anotherstate that are the functional equivalent.

 

(f) In certifying an instrument executed by a trustee of atestamentary trust or of an express trust created by a written trustinstrument, the notarial officer shall determine that the trustee who signedthe instrument on behalf of the trust appeared before and was personally knownto the notarial officer making the certification, and was by him duly sworn andupon oath represented that he was the trustee of the trust, that the instrumentwas signed and sealed on behalf of the trust, the trustee had the authorityunder the terms of the written trust instrument to execute the instrument onbehalf of the trust, and that the trustee acknowledged the instrument to be thefree act and deed of the trust.

 

(g) In making or noting a protest of a negotiable instrumentthe notarial officer shall determine the matters set forth in W.S. 34.1-3-505.

 

(h) A notarial officer has satisfactory evidence that a personis the person whose true signature is on a document if that person:

 

(i) Is personally known to the notarial officer;

 

(ii) Is identified upon the oath or affirmation of a crediblewitness personally known to the notarial officer; or

 

(iii) Is identified on the basis of identification documents.

 

34-26-103. Notarial acts in Wyoming.

 

(a) A notarial act may be performed within this state by thefollowing persons:

 

(i) A notary public of this state;

 

(ii) A judge of any court of this state;

 

(iii) A clerk or deputy clerk of a county;

 

(iv) A clerk or deputy clerk of any court of this state;

 

(v) A district court commissioner;

 

(vi) A full-time magistrate as authorized by W.S. 5-9-208;

 

(vii) A part-time magistrate as authorized by W.S. 5-9-212;

 

(viii) Any other officer authorized under the laws of this stateto take acknowledgments.

 

(b) Notarial acts performed within this state under federalauthority as provided in W.S. 34-26-105, have the same effect as if performedby a notarial officer of this state.

 

(c) The signature and title of a person performing a notarialact are prima facie evidence that the signature is genuine and that the personholds the designated title.

 

34-26-104. Notarial acts in other jurisdictions of the United States.

 

(a) A notarial act, including the acknowledgment of any deed,mortgage or conveyance, has the same effect under the law of this state as ifperformed by a notarial officer of this state, if performed in another state,commonwealth, territory, district or possession of the United States by any ofthe following persons:

 

(i) A notary public of that jurisdiction;

 

(ii) A judge, clerk or deputy clerk of a court of thatjurisdiction; or

 

(iii) Any other person authorized by the law of that jurisdictionto perform notarial acts.

 

(b) Notarial acts performed in other jurisdictions of theUnited States under federal authority as provided in W.S. 34-26-105 have thesame effect as if performed by a notarial officer of this state.

 

(c) The signature and title of a person performing a notarialact are prima facie evidence that the signature is genuine and that the personholds the designated title.

 

(d) The signature and indicated title of an officer listed inparagraph (a)(i) or (ii) of this section conclusively establish the authorityof a holder of that title to perform a notarial act.

 

34-26-105. Notarial acts under federal authority.

 

(a) A notarial act, including the acknowledgment of any deed,mortgage or conveyance, has the same effect under the law of this state as ifperformed by a notarial officer of this state if performed anywhere by any ofthe following persons under authority granted by the law of the United States:

 

(i) A judge, clerk or deputy clerk of a court;

 

(ii) A commissioned officer on active duty in the militaryservice of the United States;

 

(iii) An officer of the foreign service or consular officer ofthe United States; or

 

(iv) Any other person authorized by federal law to performnotarial acts.

 

(b) The signature and title of the person performing a notarialact are prima facie evidence that the signature is genuine and that the personholds the designated title.

 

(c) The signature and indicated title of an officer listed inparagraph (a)(i), (ii) or (iii) of this section conclusively establish theauthority of a holder of that title to perform a notarial act.

 

34-26-106. Foreign notarial acts.

 

(a) A notarial act, including the acknowledgment of any deed,mortgage or conveyance, has the same effect under the law of this state as ifperformed by a notarial officer of this state if performed within thejurisdiction of and under the authority of a foreign nation or its constituentunits or a multi-national or international organization by any of the followingpersons:

 

(i) A notary public or notary;

 

(ii) A judge, clerk or deputy clerk of a court of record; or

 

(iii) Any person authorized by the law of the jurisdiction toperform notarial acts.

 

(b) An "apostille" in the form prescribed by theHague Convention of October 5, 1961, conclusively establishes that thesignature of the notarial officer is genuine and that the officer holds theindicated office.

 

(c) A certificate by a foreign service or consular officer ofthe United States stationed in the nation under the jurisdiction of which thenotarial act was performed, or a certificate by a foreign service or consularofficer of that nation stationed in the United States, conclusively establishesany matter relating to the authenticity or validity of the notarial act setforth in the certificate.

 

(d) An official stamp or seal of the person performing thenotarial act is prima facie evidence that the signature is genuine and that theperson holds the indicated title.

 

(e) An official stamp or seal of an officer listed in paragraph(a)(i) or (ii) of this section is prima facie evidence that a person with theindicated title has authority to perform notarial acts.

 

(f) If the title of office and indication of authority toperform notarial acts appears either in a digest of foreign law or in a listcustomarily used as a source for that information, the authority of an officerwith that title to perform notarial acts is conclusively established.

 

34-26-107. Certificate of notarial acts.

 

(a) A notarial act shall be evidenced by a certificate signedand dated by a notarial officer. The certificate shall include identificationof the jurisdiction in which the notarial act is performed and the title of theoffice of the notarial officer and may include the official stamp or seal ofthe office. If the officer is a notary public, the certificate shall alsoindicate the date of expiration, if any, of the commission of office, butomission of that information may subsequently be corrected. If the officer is acommissioned officer on active duty in the military service of the UnitedStates, it shall also include the officer's rank.

 

(b) A certificate of a notarial act is sufficient if it meetsthe requirements of subsection (a) of this section and it:

 

(i) Is in the short form set forth in W.S. 34-26-108;

 

(ii) Is in a form otherwise prescribed by the law of this state;

 

(iii) Is in a form prescribed by the laws or regulationsapplicable in the place in which the notarial act was performed; or

 

(iv) Sets forth the actions of the notarial officer and thoseare sufficient to meet the requirements of the designated notarial act.

 

(c) By executing a certificate of a notarial act, the notarialofficer certifies that the officer has made the determinations required by W.S.34-26-102.

 

34-26-108. Short forms.

 

(a) The following short form certificates of notarial acts aresufficient for the purposes indicated, if completed with the informationrequired by W.S. 34-26-107(a):

 

(i) For an acknowledgment for all instruments conveying,mortgaging or otherwise disposing of or encumbering real estate, includinghomestead property, and for all other instruments affecting title to realestate and all other instruments required by the laws of this state to beacknowledged in an individual capacity:

 

State of ______________________________________

 

County of _____________________________________

 

This instrumentwas acknowledged before me on (date) by (name(s) of person(s)).

 

___________________________________

 

(Seal, if any) (Signature ofnotarial officer)

 

___________________________________

 

Title (and Rank)

 

[My commission expires: ]

 

(ii) For an acknowledgment of all instruments conveying,mortgaging or otherwise disposing of or encumbering real estate, includinghomestead property, and other instruments affecting title to real estate andall other instruments to be acknowledged in a representative capacity:

 

State of ______________________________________

 

County of _____________________________________

 

This instrument wasacknowledged before me on (date) by (name(s) of person(s)) as (type ofauthority, e.g., officer, trustee, etc.) of (name of party on behalf of whominstrument was executed).

 

___________________________________

 

(Seal, if any) (Signature ofnotarial officer)

 

___________________________________

 

Title(and Rank)

 

[Mycommission expires: ]

 

(iii) For a verification upon oath or affirmation:

 

State of ______________________________________

 

County of _____________________________________

 

Signed and swornto (or affirmed) before me on (date) by (name(s) of person(s) making statement)

 

___________________________________

 

(Seal, if any) (Signature ofnotarial officer)

 

___________________________________

 

Title(and Rank)

 

[Mycommission expires: ]

 

(iv) For witnessing or attesting a signature:

 

State of ______________________________________

 

County of _____________________________________

 

Signed or attestedbefore me on (date) by (name(s) of person(s)).

 

___________________________________

 

(Seal, if any) (Signature ofnotarial officer)

 

___________________________________

 

Title(and Rank)

 

[Mycommission expires: ]

 

(v) For attestation of a copy of a document:

 

State of ______________________________________

 

County of _____________________________________

 

I certify thatthis is a true and correct copy of a document in the possessionof .

 

Dated___________________

 

___________________________________

 

(Seal, if any) (Signature ofnotarial officer)

 

___________________________________

 

Title(and Rank)

 

[Mycommission expires: ]

 

34-26-109. Notarial acts affected by this act.

 

(a) This act applies to notarial acts performed on or after itseffective date.

 

(b) Any instrument which was acknowledged within this stateprior to the effective date of this act and in accordance with the laws ineffect in this state as of the date of the acknowledgment of the instrumentshall continue to be a valid instrument. All instruments deemed to be properlyacknowledged under W.S. 34-2-118, prior to its repeal by this enactment, shallcontinue to be deemed and regarded to be properly acknowledged after theeffective date of this act.