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Contract No. 7-07-14-LA500
UNITED STATES
DEP ARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Palisades Project, Idaho/Wyoming
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CONTRACT AND GRANT OF EASEMENT
THIS AGREEMENT, made this ~"day of -:r o..\A.IL4V ':i ' 2008, 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 THE TOWN OF
ALPINE, WYOMING, hereinafter referred to as the Grantee; and
WITNESSETH, THAT:
2. WHEREAS, the United States, through the Bureau of Reclamation (Reclamation),
Department ofthe Interior, has, pursuant to Federal Reclamation Laws, acquired and withdrawn
certain lands in Lincoln County, Wyoming, for the Palisades Project; and,
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3. WHEREAS, the Grantee 'desires to utilize a portion of such land for the construction,
operation and maintenance of a sew~r collection and pumping system, and necessary appurtenant
structures and works as an expansion to the existing wastewater collection system for the Town
of Alpine, Wyoming.
NOW, THEREFORE, in consideration ofthe mutual covenants and stipulations
hereinafter stated, the parties hereto :do mutually agree as follows:
4. The United States, due to the general public benefit, hereby waives all fees on this
easement, and hereby grants to the Grantee, subject to the terms and conditions of this agreement,
a perpetual, non-exclusive easement, and a temporary construction easement to construct, operate
and maintain a sewer collection and pumping system, together with necessary appurtenant
structures and works, as an expansion to the existing wastewater collection system for the Town
of Alpine, Wyoming~ Said sewer collection and pumping system will be located upon, over, and
across land owned by the United States, situated in the County of Lincoln, State of Wyoming, to
wit:
RECEIVED 2/15/2008 at 10:34 AM
RECEIVING # 936952
BOOK: 686 PAGE: 814
JEANNE WAGNER 1
LINCOLN COUNTY CLERK, KEMMERER, WY
00081.5
Said sewer collection and pumping system and appurtenant structures are to be located across
United States land in the manner as shown on the drawing attached hereto, marked "Exhibit A",
and by this reference made a part hereof.
Township 37 North. Range 118 West. 6th P.M. Wyoming
Section 28: Portions ofN~SWY4, and NWY4SEY4SWY4
Section 29: Portions of Lots 5, 6, 7, NWY4NEY4SWY4,
NEY4NWY4SEY4, and NY:zNEY4SEY4
Section 30: Portion of Lot 7
Within 90 days of completion of construction, the Grantee will provide Reclamation a recordable
map showing the permanent easement based on an "as built" centerline survey of the sewer
collection and pumping system. The Grantee shall record, at its own expense, the map in the
Lincoln County records, and provide the United States with a copy showing the recording
information. Failure to provide the required map within the prescribed time frame shall, at the
option of the Contracting Officer, terminate the easement rights.
The permanent easement shall, in its entirety, be located within the limits of the temporary
construction easement as described herein. The dimensions of the permanent easement shall be
thirty-five (35) feet in width except as provided herein, or where such a width would exceed the
boundaries of the temporary construction easement. At the locations of the two sanitary lift
stations (LS-l and LS-2), the width shall be seventy-five (75) feet. At the location where the
gravity sewer line and force mainline parallel each other (100 feet east of S 1 to 17~ feet west of
S3), which shall be fifty-five (55) feet in width. Each intersecting sewer line easement at
manhole numbers: X7, LS-2, L2, L4, L5, S3, S2, SI and LS-l, shall be thirty-five (35) feet in
width. The "as built" centerline survey of the sewer collection and pumping system will describe
the widths on either side of centerline, but the total will not exceed the easement widths stated
above.
Beginning at a point on the common boundary between Lot 7 and Lot 8 of Section 30, Township
37 North, Range 118 West, 6th Principal Meridian Wyoming, where said line intersects the
southerly property line of the United States for Lot 7 and Lot 8, thence easterly along said
property line of Lot 7 to a point 285 feet, the point of beginning of the temporary construction
easement. From the point of beginning a tract measured 100 feet at right angles northerly and
easterly of the United States property boundary for a distance of 8,950 feet in length following
the property line of the United States easterly, as identified in Exhibit A. The temporary
construction easement contains approximately twenty acres, more or less.
Said temporary construction easement will be in effect from January 1, 2008 to December 31,
2009. The temporary construction easement may be extended up to December 31,2012, at the
option of the Contracting Officer, if requested in writing by the Grantee.
The temporary easement shall include the right of the Grantee, its agents, assigns, or contractors
to: (a) store equipment and construction materials; (b) stockpile excavated materials; (c) trim,
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cut, fell, and remove vegetation within the limits of the easement; and (d) to take such other
measures as necessary or required to construct, operate, and maintain said sewer collection and
pumping system.
The sewer collection and pumping system shall consist of:
a. PVC and polyethylene pipelines which will serve as the primary collection lines and
force mains that will convey wastewater to the new wastewater treatment plant. The
pipelines vary in size from four-inch diameter to fifteen-inch diameter, buried to an
approximate depth of 9-1 0' .
b. Structures tð be installed are precast concrete manholes, two lift stations, which include
underground wet wells and dry wells, pumps, controls for the pumps, standby
generators, and two buildings to house the electrical components of the lift stations (one
building for each lift station site). The building dimensions are 15' x 20' x 8' ,and will
be painted earth tone colors. An 8 foot tall chain link fence will be installed around the
perimeter of both lift station sites within the area ofthe permanent easement as defined
on the as built survey. Electrical conduit (3-4" PVC buried conduit) will be installed to
the two lift stations to provide power to operate the pumps from existing electrical
sources.
c. Access will only be alongside the installed pipelines and a graveled site at each lift
station.
5. The Grantee shall rehabilitate the disturbed United States land by reestablishing native
ground cover which includes grading the disturbed land back to its original state, seeding, and
fertilizing the land, all to the Contracting Officer's specifications when construction is completed
or after any ground disturbing maintenance.
6. Except in an emergency, the Grantee shall notify the Contracting Officer twenty-four
(24) hours in advance of any construction to be performed under the authority of this agreement
so that the work can be inspected.
7. 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.
8. The facilities ofthe 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 normal operation of works ofthe 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.
9. The Grantee shall be liable for any and all damages to the property of the United
States by reason of the exercise ofthe rights and privileges granted by this instrument. Any
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00081.7
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 Contracting Officer.
10. The Grantee shall construct, operate and maintain its facilities and appurtenances in
a good, workmanlike manner and shall insure compliance with the laws ofthe State of Wyoming
and with all laws, regulations, and orders ofthe United States and any other public authority
affecting such works. The failure of the Grantee, after due notice, to abide by any of the tenns
and conditions of any applicable laws, rules, or regulations shall cause this easement to be
subject to immediate tennination at the option ofthe Contracting Officer.
11. The Grantee agrees as follows:
a. To submit final design drawings ofthe sewer collection and pumping system
(including lift stations and electrical conduit locations) to the Contracting Officer for approval
prior to construction.
b. To locate and protect all survey markers along the Bureau of Reclamation boundary
line within the area of construction.
c. To delineate the location ofthe sewer lines with surface markers when construction
is completed.
d. There is reserved to the United States and its successors and assigns, the prior right
to use any ofthe right-of-way herein described to construct, operate and maintain all project
structures and facilities, including, but not limited to, canals, reservoirs, 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 rights.
e. 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 of the 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 ofthe 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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f. 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.
g. 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.
12. The Grantee shall immediately provide an oral notification to Reclamation's
authorized official of the discovery of any and all antiquities or other obj ects 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. Any cultural materials must be evaluated by an
archaeologist or historian meeting the Secretary of the Interior's Professional Qualification
Standards (48 FR 22716, Sept. 1983). Protective and mitigative measures specified by
Reclamation's authorized official shall bë the responsibility of the grantee.
13. 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.
14. 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
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stored, or disposed of on or in Federal lands, waters, or facilities.
ô00819
c. "Hazardous material" means any substance, pollutant, or contaminant listed as
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 ofthe 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.
15. 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. After failure ofthe grantee to observe any ofthe conditions ofthis easement,
and on the tenth day following service of written notice on the grantee oftennination 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 16.(Notices), and the mailing of any such notice properly
enclosed, addressed, stamped, and certified, will be considered service. If the tennination under
Article 15(a) should be effective at a date prior to the date ofthe tennination ofthe 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.
Ifthis easement is tenninated under Article 15.(a), the United States reserves the right to bar the
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grantee from the authorization to use acquired or withdrawn land on the Palisades Project for a
period of time, as detennined by the Area Manager.
000820
16. 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:
Assistant Area Manager
Snake River Area Office East
Bureau of Reclamation
1359 Hansen Avenue
Burley, ill 83318 (208) 678-0461
Town of Alpine, Wyoming
Mayor of Alpine
PO Box 3070
250 River Circle
Alpine, WY 83128 (307) 654-7754
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 Assistant Area Manager and the Mayor of
Alpine, Wyoming 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
of their employer. The parties may change their designated representatives at any time by giving
notice of such change in accordance with Article 16.( a) above.
17. Upon the expiration, tennination, 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, tennination,
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.
18. Any activity deemed to be illegal on Federal lands will be cause for immediate
tennination of the use authorization.
19. The rights and privileges granted will inure to the benefit of, and be binding upon,
the heirs, successors, and assigns of the parties thereto.
20. No Member of Congress shall be admitted to any share or part of any contract or
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agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit
to arise thereupon.
21. 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
determined 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.
22. This Easement is required to be recorded by the Grantee and evidence of that
recordation returned to the designated official listed in Article 16 of this Easement within 60 days
of execution.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
THE UNITED STATES OF AMERICA
By;:L+~~~
Pacific Northwest Region
Program Manager, Land Resources
1150 North Curtis Road, Suite 100
Boise, ill 83706-1234
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By~
Bridger- Teton National rest
P.O. Box 1888
Jackson, WY 83001
TOWN OF ALPINE, WYOMING
B~~/~
Mayor, Town of Alpine, WY
P.O. Box 3070
250 River Circle
Alpine, WY 83128
8
STATE OF WYOMING)
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County of L/11 ct/t1. )
000822
. O~ this 20 day of ß f}tU( h r'r , 2007, personally appeared before me
V 1(tof' ì~ ()~ Cor if , known to me to be the Mayor of the TOWN OF
ALPINE, WYOMING that executed the within and foregoing instrument and acknowledged said
instrument to be the rree 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as of
the day and year first above written.
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. bFif:NDA L. BENNETT· NOTARY PUBLIC
cou~5ì-AL) State of
Campbell' Wyoming
My CommisSion Expires 3 / ¡; 1;)041
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Notary Pub IC in and for the
State of Iv fð..éfjP6
Residing at !ft.(J1A/ £
My commission expires: II/lit 6-.~cJll
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STATE OF WYOMING)
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County of 7(.f-ön )
í'_ On this [5 day of \]li¡ /J n A 4.-, 20œ, personally appeared before me
lflrde. J4Jìlf( fEii.ITJì I·~ , known~ me to be the official of THE UNITED STATES
OF AMERICA (Forest Service) that executed the within and foregoing instrument and
acknowledged said instrument to be the rree 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.
Notary Public in and for the
State of WYOMING,
Residing at JA-~
My commission expires: AvC¡L0-r-
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STATE OF IDAHO )
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County of IfbA- )
. On thi~ j1M day of::l/Jj } ~ ' 20~, personally appeared before me
A"fi?.4I6 ~ J;ióäJé , known to me to be the official of THE UNITED STATES
OF AMERICA (Bureau ofRec1amation) that executed the within and foregoing instrument and
acknowledged said instrument to be the rree 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.
000&23
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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June 1. 2013
IIONDIIDTURU NOTARY 1'tIB1.11.: UNDKRWRl1'KRä
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-.NELSON
ENGINEERING
P.O. BOX 11118. UCIIIOJI 1l11iliiii11 (1107) '1811-81·
TOWN or ALPJIII:. WYOIlING
WASTEWATER COW!:CTlON SY!ITEI/
ALPJIII: WASTEWATER COLlECTION SY!ITEI/
PREUII. DI!:SIGN ALTERNATIVE 110
AND PROPOSED B.O.R. CO!
06-326-01