HomeMy WebLinkAbout918296
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RECEIVED 5/12/2006 at 4:19 PM
RECEIVING # 918296
BOOK: 619 PAGE: 762
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
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I\1A.lNTENAt~ CE AGREEI\1ENT
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AEROBIC ,VASTE\VATER TREATI\1E:NT UNIT
THIS MAINTENANCE AGREEMENT (this "agreement") is made this _ day of
,200_, by and between Awy,./,- \¡¡)\!\¡ f-LV,U--I"'"S+
ì'ì'hose address is 1--\ 0 "(}~Ç{-1Lf'soY'"\ ~w nu...a Lt)~ B,c...VI 05 ~A q :a{,.3~
(hereinafter referred to as "Owner") and Lincoln County, 'Wyoming (hereinafter referred
to as the "County").
RECITALS:
A. OVi'Iler is the owner of real property located in LincolnCounty, 'Wyoming,
more particularly described below (the "Property"):
Subdi vision: Srl (+- el \ JJ¿ r ~\J 1L
Lot #: 5s
(or legal description):
B. The Property is such that an Enhanced Wastewater Treatment System (the
"Treatment System") must be installed in order to meet the requirements of
the Lincoln County, '\Vyoming Zoning Resolution and/or the Lincoln County,
Wyoming Subdivision Resolution. Or the Owner has voluntarily chosen to
have an enhanced wastewater treatment system installed.
C. lnorder to comply with Wyoming Department of Enviromnental Quality
Regulations, the Owner shall provide for the ongoing inspection, sampling
and maintenance of the Treatment System.
D. As the S¡nall WastewaterFacility delegated authority, the County also
requires the Owner to agree to provide for the ongoing inspection, sampling j
and maintenance of the Treatment System.
NOVl, THEREFORE, OVi'Iler agrees a.s follows:
1. Upon installation of the Treatment System and the execution of this
Agreement, Owner shall provide annual evidence of ongoL."1g Treatment System
maintenance. in the fOID1 of sampling results AND a copy of service. contract for the
following year with a provider authorized by the Treatment System's manufacturer.
2. Owner is required to keep the Treatment System on tbe Property in good
operation, condition and repair. Some repair or replacement costs may not be covered by
a serviCe cO)J.tract. Owner will b~ responsible 1O pay all costs not covered.
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09'1..8296 3. Owner's obligation to tbis AgTeement shall continue unless a connection to a
central sewer is obtained and/or the requirement is eliminated by the County.
4. This Agreement and the obligations on the part of the Ü'wner hereunder shall
be perpetual and shall run witb 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 County 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 County with evidence of a~ual effluent sampling AJ\TJ)
evidence of an ongoing maintenance contract shall constitute a violation of the County
Small '\Vastewater Regulations (February, 1986).
6. Violation of the provisions of the County Small Wastewater Regulations
(February, 1986) 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 pennitted shall be considered a separate offense. Uponconviction of any.
such violation, such a person may be punished as provided by law with a fme of up to
$750.00 and 10 days in jail per day of violation.
7. Owner hereby grants to the County, the service contract provider and their
agents, for the tenn of this Agreement, an easement on, over and across the Property to
access, inspect, maintain, monitor and service theTreatrnent System, including annual
sampling of effluent and periodic sampling of the settled solids.
IN VlITNESS VlHEREOF,the OVilNER has signed this Agreement to be
effective the day and year fIrst above written.
WITNESS my hand this ~ day of ('V\~ ,200-'-.
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STATEOFìVYOMING ~~-=- ~V."
COUNTY OF.~ì'~I",:~E
The above and foregoing instrument was acknowledged before me by
2i'~ I b~ this \ \ day of ~ > 200j,
1',1TNESS my hand anò official,seal. \ /~
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