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Home My WebLink About927472 UU0824 SPECIAL USE PERMIT Waste Treatment Facilities - Town of Alpine THIS SPECIAL USE PERMIT (the "Permit") is hereby granted to the Town of Alpine, a municipal corporation of the State of Wyoming (the "PERMITTEE"), located at P.O. Box 3070, Alpine, Wyoming 83128, by the Wyoming Game and Fish Commission (the "PERMITTOR"), located at 5400 Bishop Boulevard, Cheyenne, Wyoming 82006 subject to the terms and conditions of this Permit, which allow PERMITTEE to use the following described real property and improvements: That portion of section 30 of Township 37 North, Range 118 West, 6th P.M., Lincoln County, Wyoming (the "Property"), described on Exhibit A attached hereto and made a part hereof by this reference. This Permit is granted and accepted subject to the conditions set forth below, and the exercise of any privilege granted herein constitutes acceptance of all conditions and terms of this Permit. The terms and conditions of this Permit are as follows: 1. PERMITTEE shall pay to PERMITTOR the sum of One Thousand Eight Hundred dollars ($1,800.00) per year for the term of this Permit; or the lump sum of Ninety Thousand Dollars ($90,000.00), which represents full payment for the Permit. The first payment is due within forty-five (45) days of the Permit Date (defined below). Subsequent payments, if not lump sum, will be due on the annual Permit Date anniversary. 2. This Permit allows PERMITTEE to use the Property for Town of Alpine wastewater treatment facilities, designed and constructed in compliance with Wyoming DEQ and United States EP A rules and regulations, and to construct other miscellaneous facilities of a municipal nature not inconsistent with the wastewater treatment facility (the "Facilities"). The Facilities will provide wastewater treatment and disposal services for residential and commercial sanitary sewer users within the Town of Alpine sewer service area and other municipal purposes. 3. Said use is hereby authorized for a term of fifty (50) years, commencing on the Permit Date and terminating fifty (50) years thereafter (the "Permit Term"). 4. All representatives, employees, administrators, or participants of the above- authorized use are bound by the terms and conditions of the Permit. 5. This Permit shall not be transferable wholly or in part. 6. The PERMITTEE covenants and agrees that the use of the Property or any part thereof for any unlawful or immoral purposes whatsoever is expressly prohibited. The PERMITTEE shall hold harmless PERMITTQR from any and all liens, fines, damages, penalties, forfeitures, or judgment in any manner accruing by reason of the use or occupancy of the Property by the PERMITTEE. Page 1 of 5 RECEIVED 3/8/2007 at 2:29 PM RECEIVING # 927472 BOOK: 650 PAGE: 824 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000825 O~Z747Z 7. Nothing in this permit authorizes the construction of improvements of any kind excepting those authorized by the PERMITTOR. The PERMITTOR hereby authorizes the construction of the Facilities by PERMITTEE. 8. The PERMITTEE covenants and agrees that the breach of any covenant, stipulation, or condition herein contained shall work as a full and final termination of the authorized use and the PERMITTEE agrees to vacate and surrender the quiet and peaceable possession of the premises in the event of any breach of this permit. 9. The State of Wyoming and PERMITTOR shall not be liable for any losses incurred by PERMITTEE or to PERMITTEE'S property through PERMITTEE'S use of this Permit. 10. PERMITTEE shall have the right to request PERMITTOR to offer the Property for sale at any time during the Permit Term, which request may not be unreasonably denied by PERMITTOR. In addition, PERMITTOR shall have the right to offer the Property for sale at anytime during the Permit Term. PERMITTEE expressly understands that any sale of the Property shall be pursuant to Wyoming Statutes, the rules and regulations of PERMITTOR and the terms and conditions described herein. a. Purchase Price. Purchase price of the Property shall be the current market value as of the date of sale. Current market value shall be based on an appraisal report prepared by a State Certified General Appraiser following current year Uniform Standards of Professional Appraisal Practices (USPSP). The Property shall be offered to the general public under public auction format with the appraised value setting the minimum bid. b. Permittee's rights upon sale. Successful bidders shall be required to honor all of the terms of this Permit, including but not limited to the Permit Term and the yearly permit charge. In the event the PERMITTEE is the successful bidder for the Property, the permit fee shall be prorated to the date of acquisition and all moneys previously paid by PERMITTEE to PERMITTOR under this Permit shall be deducted from the purchase price for the Property. 11. At the termination of this Permit, if PERMITTEE elects not renew this Permit or bid for the Property, the PERMITTEE shall remove all improvements at its expense and reclaim the land to the sole satisfaction of the PERMITTOR. 12. IT IS UNDERSTOOD AND AGREED that the PERMITTEE shall comply with Presidential Executive Order 11246 entitled, "Equal Employment Opportunity," as amended by Presidential Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR part 60), the Civil Rights Act of 1964, the Wyoming Fair Employment Practices Act (Wyo. Stat. 27-9-105 et seq.), and the Americans With Disabilities Act (ADA), 42 U.S.C. 12101, et seq., Section 504 of the Rehabilitation Act of 1973, Title II of the Americans With Disabilities Act of 1990, the Age Discrimination Act of 1975, and Title IX of the Education Amendments of 1972. The PERMITTEE shall assure that no person is Page 2 of 5 0927~72 000826 discriminated against based on the grounds of sex, race, religion, national origin, or disability is connection with the perfonnance of this Pennit. 13. Neither the State of Wyoming nor PERMITTOR waive sovereign immunity by entering into this Pennit, and specifically retain immunity and all defenses available to them as sovereigns pursuant to Wyo. Stat. 1-39-104(a) and all other state law. 14. The construction, interpretation and enforcement of this Pennit shall be governed by the laws of the State of Wyoming. The Courts of the State of Wyoming shall have jurisdiction over this Pennit and the parties, and the venue shall be the 1st Judicial District, Laramie County, Wyoming. This SPECIAL USE PERMIT is granted on this J1fV\ day of _Újývutvv}- , 2007 (the "Pennit Date"). COMMISSION STATE OF WYOMING ) ) ss COUNTY OF LARAMIE ) The foregoing instrument was acknowledged before me by Gregg Arthur, thisd~ day of (tbJU.-Ln,wr ' 2007. Witness my hand and official s My Commission Expires: g I)-I boc) t7 ../" \\\ "t ". '. . ",\\ 'Jr \,!YO' '. l ,'-'.j.Ý". ...... ··f.z, 'A""r.· '. ,...., . ,~~.'., ..." .:- . "'.".,. . ~ ;$ :.:\;', ~. .. ~ '. :~:"SEA1J :v ~C? :¡ . c.. :::'~jf~··. ::~' 7:.·~ '. .' (, "/ t'.' '. '.' ,\..; ,",' "~l.,l_" . .. .. ·...~c..>- r,,~~·t 1~1.1) '\ .. f. . ....,r. ... artin, Senior Assistant Attorney General Page 3 of 5 09274?Z 000527 PERMITTEE: ~~ OF ALPINE, WYOMING ~AO~ 1,-/5-07 ~Mayor Date Victoria DeCora STATE OF WYOMING ) ) ss COUN~reOf~r;~~~~tru2ent was acknowledged before me by~~î~~iS<fi.fsa~ ~ dayof~ ,2007. Witness my hand and official seal. ~ ~JLQ\r~ No ary Public My Commission Expires: ~.A- (~ ~ 'ðaD ATTEST: IOM8ERlEE A. JANSEN· NOTARY PUBUC ~of . = My Commission ExpIres March 20. 2010 ~LMW~ To Clerk Page 4 of5 0927472 ....I.··:~:Io:M'O~1 ,:,:7:' ,~";:.:.::';;.. II I~. '. .1<"...... ~'I I~ ~. , 'I'" ')(1....:0.' : I~'~ .~I:~.!:' :::...~=:9 I' p'.'.;' 'I'(f"~' ~m !:!(¡ð I '111'''......on SC:""õ:lÞIL I.rc ' n 'II" "q~ '"'vnn"":t "111:'1 I J...:.......,. ''',r,.".''gI1IJO' al~IJ" VI",n..n'''!l831IU I I ¡I /:1 DE8CRIPTION FOR I II EX'l:i t·.,j t. (-. 'l'JIE TOWN OF ALPINE TRAc'r D To-wit:-- That part of the NW~SE~ of Section 30, T37N, Rl18W, Lincoln County. t>1yoming. described as fol10~'s: ,I DEGINNING a'l: 1,'1' S'7 (> . - .\. a . 8 'E. N¡.¡!:¡SE1>;; r .1 ¡ a poj.nt 125.33 on tl1~ Palj.sades Reservior Take l,ine, feat from tho northwest corner of said thence continuing S76°-10.0'F., 1227.99 fGet, along Line, to a point on the east line of said NW~SE~; sa:id '1''11>::" thence SOoo-02.9'E, poin!:; thence N890-J7.0'W, parallel with the south line of said NW~SE~, 1193.41 feet to a point; 479.J7 feet, along said east line, to a thence NOoo-00.5'W. parallel to the west line of said NW~SE~. 761. 95 feet to the POI:NT OF DEGIN:NI:NG; ENCOMPASSING an êIJ:ea of 17.00 Dcr.es, more or .less; the B~SE BEARING for this survey and description is the east line of the NE~ of Section 3D, TJ7N, Rllaw, being NOoo-20.0'E; each "point" marked by a 5/0" x 24" steel reinforcing rod with a 2" aluminum cap inscribed "SURVEYOR SCHERBEL, L'l'D. B1.G PINEY. '~YO. PLS 536811; each "corner" marked as dascr.i.bed in a cert.ified Land Corner Recordation Certificate filed in the Office of the Clerk of J"incaln Count·.y; all in accordance with the plat prepared to be filed in the OL(ice of the Clerk of Lincoln County titled "'l'HE DEPAR'L'MEN'l' ot' TRANSPOH'l'ATION S'l'A'l'E OF W'{OHING AND THE TOWN OF ALPINE PLA'l' OF TRACTS WITHIN THE s~ SECTION JO W~SW~ SECTION 29 TJ7N RllaW 22 April 1992, revised 1 May -ModUicallnn in RIlY way or the foregoing doocrlpUo" teflnlnales IIRbllity uf Ihe ßurvoyor~ Page 5 of5 OOOB2S