2010 Wyoming Statutes
Title 34 - Property, Conveyances And Security Transactions
Chapter 25 - Plane Coordinates System

CHAPTER 25 - PLANE COORDINATES SYSTEM

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

34-25-102. Designation of coordinates.

 

The plane coordinates of a point on the earth's surface, to be used in expressing the 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 nearest millimeter. One (1) of these distances, to be known as the "x-coordinate" or "east-coordinate," shall give the position in an east-and-west direction; the other, to be known as the "y-coordinate" or "north-coordinate," shall give the position in a north-and-south direction. These coordinates shall depend upon and conform to the coordinates, on the Wyoming Coordinate System NAD 1983 of the 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.

 

When any tract of land to be defined by a single description extends from one into a second of the coordinate zones specified in W.S. 34-25-101, the positions of all 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 the description.

 

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

 

 

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

 

(i) The Wyoming Coordinate System NAD 1983, East Zone, is a transverse Mercator projection of the North American Datum of 1983, having a central meridian at 105 10' West of Greenwich on which meridian the scale is set at one part in 16,000 exactly. The origin of coordinates 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, having a central meridian at 107 20' West of Greenwich on which meridian the scale is set at one part in 16,000 exactly. The origin of coordinates 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 the coordinates: 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, having a central meridian at 108 45' West of Greenwich on which meridian the scale is set at one part in 16,000 exactly. The origin of coordinates 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 the coordinates: x=600,000 meters and y=0 meters;

 

(iv) The Wyoming Coordinate System NAD 1983, West Zone, is a transverse Mercator projection of the North American Datum of 1983, having a central meridian at 110 05' West of Greenwich on which meridian the scale is set at one part in 16,000 exactly. The origin of coordinates 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 the coordinates: x=800,000 meters and y=100,000 meters.

 

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

 

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

 

No coordinates based on the Wyoming Coordinate System NAD 1983, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records in the office of a county clerk unless a record and report of survey of the actual survey to establish the plane coordinates of the point has been filed with the county surveyor, the county engineer or the county clerk and in conformity with the standards prescribed in W.S. 34-25-104. When acceptable satellite survey techniques are employed, a minimum of two (2) independent observing sessions shall be executed and 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 conform with the standards in W.S. 34-25-104.

 

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

 

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

 

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

 

Wherever coordinates based on the Wyoming Coordinate System NAD 1983 are used to describe any tract of land which in the same document is also described by reference to any subdivision, line or corner of the United States public land surveys, the description by plane coordinates shall be construed as supplemental to the basic description of such subdivision, line or corner contained in the official plats and field notes filed of record, and in the event of any conflict the description by reference to the subdivision, line or corner of the United States public land surveys shall prevail over the description by plane coordinates. Every recorded map, survey or conveyance, or other instrument affecting title to real property which delineates, describes or refers to such property or any part thereof by reference to coordinates based upon the Wyoming Coordinate System NAD 1983 shall also describe the property by reference and tie to a controlling corner monument of the United States public land surveys, if applicable.

 

34-25-108. Application.

 

Nothing contained in this chapter shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon Wyoming Coordinate System NAD 1983.

 

34-26-101. Short title; definitions.

 

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

 

(b) As used in this act:

 

(i) "Acknowledgment" means a declaration by a person that the person has freely and voluntarily executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein and that the person acknowledges that the instrument was executed and acknowledged freely and voluntarily;

 

(ii) In a "representative capacity" means:

 

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

 

(B) As a public officer, personal representative, guardian or other 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 of another.

 

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

 

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

 

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

 

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

 

34-26-102. Notarial acts.

 

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

 

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

 

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

 

(d) In certifying or attesting a copy of a document or other item, 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 entity the notarial officer shall determine that the person who signed the instrument on behalf of the business entity appeared before and was personally known to the notarial officer making the certification, and was by him duly sworn and upon oath represented that he was the president or other officer or agent of the business entity, that the instrument was signed on behalf of the entity pursuant to his authority to do so, and that the person who executed the instrument on behalf of the business entity acknowledged the instrument to be the 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, authorized to be formed under title 17 of the Wyoming statutes or the laws of another state that are the functional equivalent.

 

(f) In certifying an instrument executed by a trustee of a testamentary trust or of an express trust created by a written trust instrument, the notarial officer shall determine that the trustee who signed the instrument on behalf of the trust appeared before and was personally known to the notarial officer making the certification, and was by him duly sworn and upon oath represented that he was the trustee of the trust, that the instrument was signed and sealed on behalf of the trust, the trustee had the authority under the terms of the written trust instrument to execute the instrument on behalf of the trust, and that the trustee acknowledged the instrument to be the free act and deed of the trust.

 

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

 

(h) A notarial officer has satisfactory evidence that a person is 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 credible witness 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 the following 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 state to take acknowledgments.

 

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

 

(c) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds 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 if performed by a notarial officer of this state, if performed in another state, commonwealth, territory, district or possession of the United States by any of the following persons:

 

(i) A notary public of that jurisdiction;

 

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

 

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

 

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

 

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

 

(d) The signature and indicated title of an officer listed in paragraph (a)(i) or (ii) of this section conclusively establish the authority of 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 if performed by a notarial officer of this state if performed anywhere by any of the 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 military service of the United States;

 

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

 

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

 

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

 

(c) The signature and indicated title of an officer listed in paragraph (a)(i), (ii) or (iii) of this section conclusively establish the authority 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 if performed by a notarial officer of this state if performed within the jurisdiction of and under the authority of a foreign nation or its constituent units or a multi-national or international organization by any of the following persons:

 

(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 to perform notarial acts.

 

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

 

(c) A certificate by a foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate.

 

(d) An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person 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 the indicated title has authority to perform notarial acts.

 

(f) If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with 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 signed and dated by a notarial officer. The certificate shall include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of the office. If the officer is a notary public, the certificate shall also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty in the military service of the United States, it shall also include the officer's rank.

 

(b) A certificate of a notarial act is sufficient if it meets the 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 regulations applicable in the place in which the notarial act was performed; or

 

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

 

(c) By executing a certificate of a notarial act, the notarial officer 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 are sufficient for the purposes indicated, if completed with the information required by W.S. 34-26-107(a):

 

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

 

State of ______________________________________

 

County of _____________________________________

 

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

 

___________________________________

 

(Seal, if any) (Signature of notarial officer)

 

___________________________________

 

Title (and Rank)

 

[My commission expires: ]

 

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

 

State of ______________________________________

 

County of _____________________________________

 

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

 

___________________________________

 

(Seal, if any) (Signature of notarial officer)

 

___________________________________

 

Title (and Rank)

 

[My commission expires: ]

 

(iii) For a verification upon oath or affirmation:

 

State of ______________________________________

 

County of _____________________________________

 

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

 

___________________________________

 

(Seal, if any) (Signature of notarial officer)

 

___________________________________

 

Title (and Rank)

 

[My commission expires: ]

 

(iv) For witnessing or attesting a signature:

 

State of ______________________________________

 

County of _____________________________________

 

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

 

___________________________________

 

(Seal, if any) (Signature of notarial officer)

 

___________________________________

 

Title (and Rank)

 

[My commission expires: ]

 

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

 

State of ______________________________________

 

County of _____________________________________

 

I certify that this is a true and correct copy of a document in the possession of .

 

Dated___________________

 

___________________________________

 

(Seal, if any) (Signature of notarial officer)

 

___________________________________

 

Title (and Rank)

 

[My commission expires: ]

 

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

 

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

 

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