Loading...
HomeMy WebLinkAbout909056 Forn~ E-53 Rev 3A78 RECEIVED 6/8/2005 at 2:03 PM RECEIVING # 909056 BOOK: 587 PAGE: 549 JEANNE WAGNER LINCOLN COUNTY' CLERK, KEMMERER, WY PROJECT NO. ROAD DESIGNATION COUNTY Wyoming Det;:X:??~!:~ii:,Lnt!'"?':"::?'"~::~: of Transportation MATERIALS AGREEMENT AGREEMENT ACSTPS- 10205-00(006) Grover - Auburn Lincoln #17826 THIS AGREEMENT, made and entered into this 27 day of April 2005 , by and between Richard V. Kennington, Burton Road, Afton, WY 83110 (Landowner's name and address) herein after referred to as "Landowner", and the Wyoming State Highway Department, hereinafter referred to as "Depamnent." WITNESSETH: 57 WHEREAS, the Landowner is the owner of the following described laud, to wit: SE 1/4, SE1/4, Sec 13. T32N, Rl19 W which land the Department believes to contain stone, gravel, sand or soil of a quantity and quality desirable for use by the Department in construction aud maintenance of highway projects; and, WHEREAS, the Department is desirous of obtaining the right to go upon said land to dig, drill, extract, search, explore and otherwise test said material for highway purposes; and, WHEREAS, the Department is also desirous of obtaining the right to go upon said land and to take therefrom said stone, sand, gravel or soil for the purpose herein stated; and, WHEREAS, the Landowner is agreeable to granting the Department the exclusive right and privilege to enter upon said land for the hereinabove stated purposes. IT IS FURTHER AGREED that if satisfactory and acceptable material is located on the Landowner's property, said Landowner does hereby sell to said Department all of the sand, stone, gravel or soil which said Department may remove from said parcel of land from the date hereof until the date of May 1 ,2007 , at the price of $0.60 cents per ton, or $0.90 cents per cu. yd., giving and granting the Department the right to enter upon said parcel of land for the removal of said materials and to erect or construct thereon such machinery and equipment as in the judgment of the Department is necessary and proper to extract and remove from the said land and/or process the material herein purchased, the number of tons or cubic yards to be determined according to methods Prescribed in the current edition of Specifications For Road and Bridge Construction adopted by the State Highway Commission and the further right to enter upon said parcel of land to remove any such equipment, machinery, or structures placed thereon by the Department. THIS AGREEMENT is for removal of material for use on highway projects and lnaintenance only and removal by any other persons including the Department's contractor or contractors for any purpose other than as herein provided, shall be under a separate agreement with the Landowner and only with prior written approval of the Department. IT IS FURTHER AGREED by and between he parties hereto, that the Department shall have the right to haul material taken from said parcel of land, across any land owned by the Landowner, on routes mutually agreeable to the parties hereto. IT IS ALSO AGREED that the Landowner gives the Department the option to extend this Agreement for an additional year upon the same terms and conditions as herein set forth. The Department will exercise this option by notifying the Landowner in writing of its intention to do so prior to the termination of this Agreement. -' IT IS FURTHER AGREED that any contractor operating under any agreement or contract with the Department that will extractand remove said material, shall be assigned the rights and obligations by the Department under this Agreement, and will be permitted to use said parcel of land to stockpile and/or properly process said material for highway purposes. Compeusation for such right shall be $1500.00/per year and in addition to any right and other consideration stated herein. ADDITIONAL CONDITIONS: O~O~O(~t.~ 1. The premises will be left in a neat condition with backslopes no steeper than 3 to 1. :.00550 2. Under the word "process" used hereinabove, it is contemplated that there may be cases wherein controlled emission of smoke, fumes, dust and odors will result. In such event, the Department, its assigns and contractors will control said emission and odors as required and in conformity with existing Sate and Federal anti-pollution laws. IT IS DEFINITELY UNDERSTOOD AND AGREED BY BOTH PARTIES HERETO THAT THE DEPARTMENT IN NO WAY GUARANTEES OR ASSURES THE LANDOWNER THAT ANY MATERIAL, WHETHER DESIRABLE OR NOT, WILL BE REMOVED IN MEASURABLE QUANTITIES FROM SAID PREMISES; THAT ROYALTY PAYMENT TO THE LANDOWNER WILL BE MADE ONLY IF MATERIAL IS ACTUALLY REMOVED IN MEASURABLE QUANTITIES. This Agreement shall be binding on the parties' successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written. WYOMING DEPARTMENT OF TRANSPORTATION ddins, District Engineer STATE OF Wyoming COUNTY OF Lincoln SS.: -'"Eandowner(s) (Corporate Seal Required ifApplica-~e) 520-46-8247 Tax I.D./Social Secnrity # The foregoing instrument was acknowledged before me by Richard V. Kennington , this ~--~ 7 ~ ,/~/9,/~/C . day of My commission expires: / Notary Public /o -Z.7 - 7'