HomeMy WebLinkAbout910735 RECEIVED 8/9/2005 at 11:25 AM
RECEIVING # 910735
BOOK: 593 PAGE: 701
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
, 00701
MAINTEN~CE AGREE~ENT
AEROBIC WASTEVFATER TREATSCENT UNIT
THIS MAINTENANCE AGREEMENT (this "a~eement') is made this / ~,v day of
~o~v~T ,200~-', by and bet~,een Sc./qoc.'r'tsr4~ lq
whose address is 9"/0 co. Btzo~,O c~w , PD'/ ~ * ~'"'o'V
(hereinafter refen-ed to as "OWner,) and Lincoln C~.ount5,, Wyoming (hereinafter referred ~,~
RECITALS:
A. Owner is the owner of real property located in Lincoln County, Wyoming,
more particularly described below (the "Property"):
Subdivision: l/lrl~ooco i'~t~c,,~ ~,,~'r~r'e/$ Lot #: / t4
(or legal description):
The Proper0, is such that an Enhanced Wastewater Treatmem System (the
"Treatment System") must be installed in order ro meet the requirements of
the Lincoln Count},, Wyoming Zoning Resolution and/or the Lincoln County,
Wyoming Subdivision Resolution. Or the Owner has voluntarily chosen to
have an enhanced wastewater treatment system installed.
In ·order ro comply with Wyoming Department of Environmental Quality
Regulations, the Owner shall provide for the ongoing inspection, sampling
and maintenance of the Treatment System.
Do
As the Small Wastewater Facilit5, delegated-authority, the Count5, also
requires the Owner to a~m'ee to provide for the ongoing inspection, sampling
and maintenance of the Treatment System.
NOW, THEREFOR_E, Owner a=m-ees as follows:
1. Upon installation of the Treatment System and the 'execmion of tkis
Ag-reemenr, Owner shall provide annual evidence of ongoing Treatment System
maintenance in the forn~ of sampling results AND a cop5, of sero,ice contract for the
fo. llowing year with a provider authorized by the Treatment System's manufacturer.
2. Owner is requked to keep the Treatment System on the Property i_n good
operation, condition and repair. Some repair or replacement costs may not be covered by
a sen,ice cqntract. Owner will be responsible to pay all costs not covered.
3. Owner's obligation to this Agreement shall continue unless a connection to a
central sewer is obtained and/or the requirement is eliminated by the Count),.
4. This AgTeement and the obligations on the part of the Owner hereunder shall
be perpetual and shat1 ran with title to the Property and shall be binding upon Owner and
Owner's heirs, successors., assigns, transferees and grantees. This Agreement will be
recorded in the Office of the Count5' Clerk to provide notice of the obligations of the
Owner and Owner's heirs, successors, assigns, transferees and grantees to maintain the
Treatment System. Owner agrees to notify the County of the name of any new Owner
upon the transfer of the Property.
5. Failure to provide the Count5, with evidence of annual effluent sampling AND
evidence of an ongoing maintenance contract shall constitute a violation of the County
Small Wastewater Regulations (February, 1986).
6. Violation of the provisions of the County Small Wastewater Regulations
(February, 19865 shall be deemed a misdemeanor. Each and every day or portion thereof
during which any violation of any of the provisions of the regulation is committed,
continued or permitted shall be considered a separate offense. Upon.conviction of any~
such violation, such a person may be punished as provided by law with a fine of up to
$750.00 and 10 days in jail per da5, of violation.
7. Owner hereby grants to the Count5,, the servide contract provider and their
agents, for the term of this Agreement, an easement on, over and across the Properts, to
access, inspect, maintain, monitor and sendce the Treatment System, including annual
sampling of effluent and periodic sampling of the settled solids.
IN WITNESS WHEP,~OF, the O\~rNER has si~cmed this A~eement to be
effective the da5, and year fu-st above written.
Vv~ITiNTESS my hand this /' '''~-~-' day of
OWNER_:
STATE OF v~ryOMING )
)ss.
Cou TY OF'-- WD )
The above and foregoing instrument was acknowledged before me by }h~O_l~'Jm D '~J'~cht ~
day of ~~ , 200~
this