HomeMy WebLinkAbout917895
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C00298
Contract No. 6-07-14-LA460
UNITED STATES
DEP ARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Palisades Project, IdaholWyoming
CONTRACT AND GRANT OF EASEMENT
THIS AGREEMENT, made this ~ day of ~ ,2006, pursuant to the
Act of Congress approved June 17, 1902 (32 Stat. 388), Section 10 of the Act of August 4,1939
(53 Stat. 1187), and acts amendatory thereof or supplementary thereto, all of which acts are
commonly known and referred to as the Federal Reclamation Laws, between THE UNITED
STATES OF AMERICA, hereinafter called the United States, represented by the officer
executing this agreement, hereinafter called the Contracting Officer, and NORTH STAR
UTILITY, hereinafter referred to as the Grantee; and
'1 WITNESSETH, THAT:
2. WHEREAS, the United States, through the Bureau of Reclamation (Reclamation),
./ Department of the Interior, has, pursuant to Federal Reclamation Laws, acquired certain lands in
Lincoln County, Wyoming, for the Palisades Project; and,
3. WHEREAS, the Grantee desires to utilize a portion of such land for the construction,
operation and maintenance of a buried utility line consisting of two conduits, one to transport
domestic sewage and the secondary conduit for power transmission or other utility uses
(excluding fiber optic cable ), and necessary appurtenant structures and works to transport
domestic sewage from a proposed subdivision on the north side of the Snake River, to the Town
of Alpine's wastewater treatment facility, located on the south side of the Snake River.
NOW, THEREFORE, in consideration of the mutual covenants and stipulations
hereinafter stated, the parties hereto do mutually agree as follows:
4. The United States, in consideration of the sum of Four Thousand Two Hundred
Dollars ($4,200.00) land use fee and Six Hundred Dollars ($600.00) administrative costs, receipt
of which is hereby acknowledged, hereby grants to the Grantee, subject to the terms and
conditions of this agreement, a twenty (20) year, non-exclusive easement, to construct, operate
and maintain a buried utility line consisting of two conduits - the primary conduit used for
transporting domestic sewage from the north side of the Snake River to the Town of Alpine's
wastewater treatment facility located on the south side ofthe Snake River - the secondary
conduit reserved for future use for power transmission or other utility uses (excluding fiber optic
RECEIVED 4/28/2006 at 4:23 PM
~ RECEIVING # 917895
BOOK: 618 PAGE: 298
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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0917895
000299
, cable), together with necessary appurtenances. Said utility line will be located upon, over, and
across land owned by the United States, situated in the County of Lincoln, State of Wyoming, to
wit:
Township 37 North. Range 118 West. 6th P.M. Wyoming
Section 29: Portions of lot 5
Section 30: Portions oflot 6 and NP/4NE%
The location of said utility line is more particularly shown and identified on the map attached
hereto, marked Exhibit "A", and by this reference made a part hereof. Construction of the line
will be at the location and in the manner shown on the drawings attached hereto, marked Exhibit
"B" and Exhibit "C", and by this reference made a part hereof. The utility line easement shall be
forty (40) feet in width (20 feet on either side of centerline) and approximately 2,000 feet in
length and contains approximately 1.8 acres, more or less. The utility line will be buried to a
minimum depth of5.5 feet.
5. Approval for use ofHDPE pipe without a carrier pipe is dependent upon a pressure
test carried out on the pipe prior to use. Upon completion of construction, Grantee will perfonn
testing in accordance with the Wyoming Public Works Standard Specifications, Section 02670,
"Hydrostatic Testing of Water Mains". Grantee will forward a copy of the pressure test results to
the Grantor, at which time the Grantor will either approve or disapprove the use ofHDPE pipe
without a carrier pipe.
6. The Grantee shall notify the Contracting Officer twenty-four hours (24) in advance of
any construction perfonned under the authority of this agreement so that the work can be
inspected.
7. The Grantee must have an insurance policy in effect throughout the tenn of this
Easement that will indemnify the United States and meet applicable State requirements. The
liability policy will provide that the insurance company will have no right of subrogation against
the United States and will provide that the United States is named as an additional insured.
Reclamation must be provided with a certificate of insurance by the insurance agent to confinn
that the above requirements are met before development, construction or operations commence.
The Grantee must also provide Reclamation with a copy of each insurance renewal certificate
throughout the tenn of the Easement. The minimum insurance requirement for this Easement is
one million dollars ($1,000,000).
8. The facilities of the Grantee shall be constructed, operated and maintained by the
Grantee without cost to the United States, or to its assigns, and in such a manner as to cause no
interference with the nonnal operation of works of the United States. All construction,
reconstruction, and maintenance work on the facilities of the Grantee shall be undertaken only at
times, according to plans, and in a manner satisfactory to the Contracting Officer.
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9. In the event a powerline is installed in the second conduit, the powerline and necessary
appurtenant structures and works shall be operated and maintained in accordance with the latest
revision of the National Electric Safety Code.
10. The Grantee shall be liable for any and all damages to the property of the United
States by reason of the exercise of the rights and privileges granted by this instrument. Any
damage to United State's property or facilities resulting from the Grantee's exercise of the
privileges allowed by this agreement shall be corrected promptly at Grantee's expense to the
satisfaction of the United States.
11. The Grantee shall construct, operate and maintain its facilities and appurtenances in a
good, workmanlike manner and shall insure compliance with the laws of the State of Wyoming
and with all laws, regulations, and orders of the United States and any other public authority
affecting such works. The failure of the Grantee, after due notice, to abide by any of the terms
and conditions of any applicable laws, rules, or regulations shall cause this agreement to be
subject to immediate termination at the option of the Contracting Officer.
12. The Grantee agrees as follows:
a. To delineate, with surface markers, the location of the utility line above the
reservoir elevation of 5622 feet.
b. There is reserved to the United States and its successors and assigns, the prior right
to use any of the right-of-way herein described to construct, operate and maintain all project
structures and facilities, including, but not limited to, canals, resérvoirs, wasteways, laterals,
ditches, roadways, electrical transmission lines, communication structures generally, substations,
switchyards, powerplants, recreation, fish and wildlife developments and facilities, and any other
appurtenant project structures and facilities, without any payment made by the United States or
its successors, for such right.
c. That if the construction, operation or maintenance of any or all of such structures
and facilities across, over, under or upon said right-of-way should be made more expensive by
reason of the existence of improvements or works ofthe Grantee thereon, such additional
expense is to be estimated by the Secretary of the Interior, whose estimate is to be final and
binding upon the parties hereto. Within thirty days after demand is made upon the Grantee for
payment of any such sums, the Grantee will make payment thereof to the United States, or to any
of its employees, agents and assigns constructing, operating and maintaining such structures and
facilities across, over, under and upon said lands. As an alternative to payment, the Grantee, at
its sole cost and expense and within time limits established by the United States, may remove or
adapt facilities constructed and operated by it on said right-of-way to accommodate the
aforementioned structures and facilities of the United States. The Grantee shall bear the cost to
the United States of any costs occasioned by the failure of the Grantee to remove or adapt its
facilities within the time limits specified.
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'091. 7895
000301
d. That the United States reserves the right of its officers, agents, and employees at all
times to have unrestricted access and ingress to, passage over, and egress from all of said lands,
to make investigations of all kinds, dig test pits and drill test holes, and to survey for and
construct reclamation and irrigation works and other structures incident to Federal Reclamation
Projects, or for any purpose whatsoever. Reclamation will make every reasonable effort to keep
damages to a minimum.
e. That the United States and its employees and agents and assigns, shall not be held
liable for any damage to the Grantee's improvements or works by reason of the exercise of the
rights here reserved; nor shall anything contained in this paragraph be construed as in any manner
limiting other reservations in favor of the United States contained in this agreement.
13. The Grantee shall immediately provide an oral notification to Reclamation's
authorized official of the discovery of any and all antiquities or other objects of archaeological,
cultural, historic, or scientific interest on Reclamation lands. The Grantee shall follow up with a
written report of their finding(s) to Reclamation's authorized official within forty-eight (48)
hours. Objects under consideration include, but are not limited to, historic or prehistoric ruins,
human remains, funerary objects, and artifacts discovered as a result of activities under this
authorization. The Grantee shall immediately cease the activity in the area of the discovery,
make a reasonable effort to protect such discovery, and wait for written approval from the
authorized official before resuming the activity. .Protective and mitigative measures specified by
Reclamation's authorized official shall be the responsibility of the grantee.
14. The grantee hereby agrees to indemnify and hold harmless the United States, its
employees, agents, and assigns from any loss or damage and from any liability on account of
personal injury, property damage, or claims for personal injury or death arising out of the
grantee's activities under this agreement.
15. Hazardous Materials.
a. The grantee may not allow contamination or pollution of Federal lands, waters
or facilities and for which the grantee has the responsibility for care, operation, and maintenance
by its employees or agents and shall take reasonable precautions to prevent such contamination
or pollution by third parties. Substances causing contamination or pollution shall include but are
not limited to hazardous materials, thermal pollution, refuse, garbage, sewage effluent, industrial
waste, petroleum products, mine tailings, mineral salts, misused pesticides, pesticide containers,
or any other pollutants.
b. The grantee shall comply with all applicable Federal, State, and local laws and
regulations, and Reclamation policies and directives and standards, existing or hereafter enacted
or promulgated, concerning any hazardous material that will be used, produced, transported
stored, or disposed of on or in Federal lands, waters, or facilities.
c. "Hazardous material" means any substance, pollutant, or contaminant listed as
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0917895
C00302
hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended, 42 U.S.C. § 9601, et seq., and the regulations promulgated pursuant to that
Act.
d. Upon discovery of any event which mayor does result in contamination or
pollution of Federal lands, waters or facilities, the grantee shall initiate any necessary emergency
measures to protect health, safety and the environment and shall report such discovery with full
details of the actions taken to the Contracting Officer. Reporting may be within a reasonable
time period. A reasonable time period means within twenty-four (24) hours of the time of
discovery if it is an emergency or by the first working day if it is a non-emergency. An
emergency is any situation that requires immediate action to reduce or avoid endangering public
health and safety or the environment.
e. Violation of any of the provisions of the Article, as detennined by the
Contracting Officer, may constitute grounds for tennination of this contract. Such violations
require immediate corrective action by the grantee and shall make the grantee liable for the cost
of full and complete remediation and/or restoration of any Federal resources or facilities that are
adversely affected as a result of the violation.
f. The grantee agrees to include the provisions contained in paragraphs (a)
through (e) of this Article in any subcontract or third-party contract it may enter into pursuant to
this contract.
g. Reclamation agrees to provide infonnation necessary for the grantee using
reasonable diligence, to comply with the provisions of this Article,
16. This easement will tenninate and all rights of the grantee hereunder will cease, and
the grantee will quietly deliver to the United States possession of the premises in like condition
as when taken, reasonable wear and damage by the elements excepted:
a. At the end of twenty (20) years from the date hereof; or,
b. On December 31 of any year, upon written notice to the grantee, served 90
days in advance thereof; or,
c. After failure of the grantee to observe any of the conditions of this easement,
and on the tenth day following service of written notice on the grantee of tennination because of
failure to observe such condition.
The notices provided by this article will be served by certified mail addressed to the respective
post office addresses given in Article 17.(Notices), and the mailing of any such notice properly
enclosed, addressed, stamped, and certified, will be considered service. If the tennination under
Article 16(b) or Article 16(c) should be effective at a date prior to the date of the tennination of
the then current easement or extension, for which prepayment of rental will have been made, an
appropriate refund or part of the rental for such then current easement or extension will be made.
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0917895
000303
If this easement is terminated under Article 16.(c), the United States reserves the right to bar the
grantee from the authorization to use acquired or withdrawn land on the Palisades Project for a
period of time, as determined by the Area Manager.
17. Notices.
a. All notices required or desired to be given under this Agreement shall be in
writing and may be delivered by personal delivery or by deposit in the United States Mail,
postage prepaid, as certified mail, return receipt requested, and addressed as follows:
Deputy Area Manager
Snake River Area Office
Bureau of Reclamation
1359 Hansen Avenue
Burley, ID 83318 (208) 678-0461
Michael T. Halpin, President
North Star Utility
P.O. Box 610
330 North Glenwood
Jackson, WY 83001 (307) 739-9090
b. Any notice delivered by personal delivery shall be deemed received by the
addressee upon actual delivery. Any notice delivered by certified mail shall be deemed received
by the addressed on the third business day after deposit. The addresses to which notices are to be
delivered may be changed by giving notice of such change in accordance with this paragraph.
This paragraph shall apply where notice is required under this easement, and no specific
requirements are set forth. Where this easement provides for a specific notice in a different
manner, the more specific requirements shall prevail.
c. The parties hereby designate the Deputy Area Manager and Michael T. Halpin
for grantee, as their authorized representatives for this easement. These individuals shall have
authority to take any action allowed or required under this grant, on behalf oftheir employer.
The parties may change their designated representatives at any time by giving notice of such
change in accordance with Article 17.(a) above.
18. Upon the expiration, termination, or revocation of this easement, if all rental charges
and damage claims due Reclamation have been paid, the grantee shall remove all structures,
equipment, or other improvements made by it from the premises at no cost to the United States.
Upon failure to remove any such improvements within sixty (60) days of expiration, termination,
or revocation, any remaining improvements shall, at the option of the United States, be removed
or become the property of the United States. The grantee shall pay all expenses of the United
States, or its assigns, related to removal of such improvements.
19. Any activity deemed to be illegal on Federal lands will be cause for immediate
termination of the use authorization.
20. The rights and privileges granted will inure to the benefit of, and be binding upon,
the heirs, successors, and assigns of the parties thereto.
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0917895
C00304
21. No Member of Congress shall be admitted to any share or part of any contract or
agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit
to arise thereupon.
22. Each provision of this use authorization shall be interpreted in such a manner as to be
valid under applicable law, but if any provision of this use authorization shall be deemed or
detennined by competent authority to be invalid or prohibited hereunder, such provision shall be
ineffective and void only to the extent of such invalidity or prohibition, but shall not be deemed
ineffective or invalid as to the remainder of such provision or any other remaining provisions, or
of the use authorization as a whole.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
THE UNITED STATES OF AMERICA
By
Bureau ofRec1a ation·
Pacific Northwe t Region
Program Manager, Lands and Recreation
1150 North Curtis Road, Suite 100
Boise, ill 83706-1234
NORTH STAR UTILITY
, T. Halpin, President
Address p.t ßúx (ó(D
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0917895
STATE OF'NI!f1MI~)
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County of T~1l>V\ )
On ~his ~ day of ~i11 , 2006, personally appeared before me
M,\Ctt'(y,{1..l:killln , known to me to be the official of North Star Utility, Inc,
that executed the with~d foregoing instrument and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned,
and on oath stated that they were authorized to execute said instrument.
C00305
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of
the day and year first above written.
(SEAL)
lß tv\, PaMtW~
Notary Public in and for the
State of ~V'3 .
Residing at l~1DeaSt !\NtI 1)iwt. \tC<GK'Þ'\ .~'(
My commission expires:
~PADDLEFORD. NOTARY PUBLIC
, County of State of
Teton _ Wyoming
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STATE OF )
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County of )
n On this. 20 n day of A-PR~ L ,2006, personally appeared before me
r C( +f .. LL eo,) dL.." 1\ , known to me to be the official of THE UNITED STATES
OF AMERICA that exedtrled the within and foregoing instrument and acknowledged said
instrument to be the free and voluntary act and deed of said United States, for the uses and
purposes therein mentioned, and on oath stated that he was authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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Notary Public in and for the
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Residing at JV1 er-.--d.~q,.J
My commission expires: /0/06//0
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0917895
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2"Ø SCH 40 PVC AIR VENT
LINE ROUTED TO UPSTREAM MH
8"x12"x72" CONCRETE
GRADE BEAM
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,1 '~'i;ti:'f>,,;. SEWER FORCE MAIN
~'- 1" MINUS - FREE DRAINING
'~-'J' ROCK BENEATH GRADE
BEAMS AND SEWER FORCE
MAIN LINE
PLAN VIEW: TYPICAL PRESSURE SEWER VAULT
Scale: 3/8" = 1.0'
24"Ø FROST-PROOF RING
AND COVER MARKED "SEWER"
FLATTOP MH COVER
RA TED FOR AASHTO
HS-20 LOADING WITH
MIN 24" OPENING
2"Ø PVC AIR VENT LINE
ROUTED TO ATMOSPHERIC
PRESSURE IN UPSTREAM MH
PRECAST KNOCKOUTS
IN LOWER BARREL
1" MINUS - FREE DRAINING
ROCK BENEATH GRADE
BEAMS AND SEWER FORCE
MAIN LINE (MIN 6" DEPTH
BENEATH GRADE BEAMS)
MH BARREL (MIN 48" I.D.)
APPROXIMATE LENGTH = 11'
SEWER COMBINATION
AIR VALVE (VAL-MATlC
MODEL NO. 802: 2" INLET,
2" OUTLET)
INSTALL CAV WITH 2" GTV
AND ROMAC TAPPING SADDLE
(FOR USE WITH HDPE PIPE)
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SECTION A-A. -
Scale: 3/8" = 1.0'
Exhibit "C"
NSU SEWER FORCE MAIN
TRA VERSING BaR LANDS:
DETAIL for CA V VAULT at
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