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Home My WebLink About940795 CONTRACT FOR DEED ,'-, ,.'~ 'J¡ L into this 1 ;)-l.- day DEED AGREEMENT ("AGREEMENT") is entered . .J LJI LL Wyoming V 'a municipal corporation, of 2008, by and THIS CONTRACT FOR between the Town of LaBarge, hereafter referred to as the "Town", and LaBarge Trucking Company, Inc., a corporation hereafter referred to as the "Owner," witnesseth: WHEREAS, the Town has determined that it requires the use of certain premises hereinafter described, the legal title to which is held by the Owner, for the establishment, enlargement, and operation of its water pumping facilities, and that it needs to purchase and own said premises for such purposes, and to acquire certain easements over, contiguous property held by the " Owner. In furtherance of constructing and operating its water- \~ pumping facilities, the Town has passed certain resolutions attached hereto as Exhibit A and in reliance upon soil sampling tests reflecting appropriate soil characteristics for such construction, attached hereto as Exhibit B. Owner is willing to sell said premises hereinafter described and to grant certain easements to the Town for the various considerations set forth in this Agreement and the Town is willing to pay said considerations and to obligate itself to carry out the various covenants contained, all as consideration for such purchase. The Owner as legal titleholder of the tracts of land of which the premises to be sold and the easements to be granted hereunder comprise a portion, enters this Agreement for the purpose of effecting the various conveyances and the granting of the certain easements as hereinabove and hereinafter set forth. NOW THEREFORE, in consideration of five (5) annual rental payments to be paid by the Town to Owner in annual installments Page 1 of 10 RECEIVED 7/25/2008 at 12:54 PM RECEIVING # 940795 BOOK: 700 PAGE: 774 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER. WY ,..~ () ....., ,- ,"--,,\ C"" 1,;.' "'..,! 1J' '.) of Five Thousand Dollars ($5000.00), commencing on July 1, 2008, and continuing to be due and payable on July first of each year thereafter for five (5) consecutive years, together with a final payment of Twenty-Five Thousand Dollars ($25,000.00) to be paid by the Town to Owner as a balloon lump sum final payment concurrent with the final annual installment described above; in consideration of the mutual covenants herein contained; and in consideration of other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged by each of the parties, the parties do hereby agree as follows: 1. The foregoing recitals are incorporated into and made a part of this Agreement. 2. Subject to the various conditions and considerations herein contained and provided, the Town agrees to purchase from Owner, and Owner agrees to sell to the village, the parcels described in Exhibit C attached hereto, consisting of a plot of land measuring 0.161 acres, more or less, referred to as the proposed LaBarge Water Plant parcel in Lot 13 of the David-Decker Subdivision, and a portion of land measuring 0.069 acres, more or less, referred to as a utility easement, from the LaBarge Water Plant parcel in Lot 13 and extending twenty-five (25) feet into the vacated street adj acent to Lot 18 of the David-Decker Subdivision, and to grant or cause to be granted easements for purposes of laying, installing, maintaining and repairing water mains and for such other purposes as are set forth in paragraph 4 (c) hereof, on the premises described in Exhibit D attached hereto, referred to as Easement D. Owner agrees to conveyor cause to be conveyed to the Town the above- described tracts of land at the time of full execution of this Contract for Deed, and to conveyor cause to be conveyed to the Page 2 of 10 r,("', '''''''''''''''',1',',''''" \l,:..~·'ì..;?!' -. .'~ Town said tracts of land, upon full payment hereunder by the Town of the aforementioned annual rental amounts and final balloon payment by good and sufficient deed upon final closing. Concurrently with such execution and closing, Owner agrees to grant or cause to be granted to the Town the easements described in Exhibits C and D and for the purposes hereinabove set forth. At the time of full execution of this Contract for Deed, and again at final closing, Owner agrees to deliver to the Town (and such delivery shall be a condition precedent to the Town's obligation to close) a commitment for title insurance, dated after the date of the execution of this Agreement, showing title to the property described in Exhibits C and D, subj ect only to the matters to which this sale is subject by the terms hereof; and, simultaneously, Owner shall deliver the affidavit of its president and secretary that nothing has been done by Owner, or knowingly suffered by it to be done, to encumber or otherwise affect the title shown in such letter of opinion from the date thereof to the date of closing. Owner further represents that Easement D, to be granted to the Town as hereinabove set forth, shall be superior to any mortgages or lien encumbrances existing on the premises subject to said easement, and that said parcels, except to the extent of any mortgage or trust deed then existing as a lien on said premises (which mortgage or lien shall be subordinated to said easements) shall be subj ect only to the matters and exceptions applicable to the tracts of land being purchased as hereinbefore set forth in this paragraph 2. 3. The Town agrees to pay Owner the first annual installment noted above on July 1, 2008, conditioned upon receipt of the aforementioned documents and grant of easements, Page 3 of 10 (~,(',illn;' ne;-, ,J ""~' .~,' .......". ( .. ~ to be paid out of the proceeds of the revenue bonds referred to in Resolution number Of.·Ô;¿-,).! 4. The Town makes the following covenants to Owner, each of which is expressly an element of the consideration for the purchase of the above-described premises, and each of which will survive the closing of the sale portion of this transaction and final deed conveyance pursuant thereto, and shall be incorporated in and as a part of said deed conveying the above- described parcels of land to the Town, and in such grants of easement as may be appropriate, to wit: a. That the sole use which shall be made of the subject parcels of land shall be the construction, operation, maintenance, improvement, extension and repair of a water pumping station to pump water into the water system operated by the Town, together with such facilities as are ancillary to and reasonably necessary for and in the construction, operation, maintenance, improvement, extension and repair of said pumping station. The Town shall not dedicate, deed, lease or convey the premises or any interest therein subject to this contract to any governmental authori ty or to any person or entity whatsoever, except only a direct corporate successor or to the municipal body created for the purpose of carrying out the water pumping and distribution activities of the Town, and provided then only that such conveyance shall expressly bind the grantee to the condi tions stated in this agreement. No visible alteration of the pump house addition after its Page 4 of 10 Page 5 of 10 þ.O, (.. ¡"" " > '''' ,~:';\ ,"",,/ ~,~; '\.J " A '. ,) erection, other than in the case of emergency, shall be made without the express approval of Owner. b. That all machinery and equipment used in said water pumping operation shall be enclosed wi thin a permanent building located on the subject parcels of land. The said addition shall be so constructed and the water pumping activities operated so as to prevent any dirt, noise, smoke, vibration, or other burdens to be observed, heard or felt from, on or about Owner's premises or any part thereof. The Town expressly agrees to take all measures that may be necessary to fulfill the foregoing obligations. No fuel shall be consumed within the building other than electricity or gas; provided, however, that any fuels may be consumed for standby emergency systems. Said pump house shall be constructed substantially in accordance with the plans and specifications attached hereto as Exhibit E. c. The above-described easement shall be used for the sole purpose of installing and maintaining a water main or water mains, underground vault and utilities, power and telephone lines. The Town shall take all measures necessary to prevent unauthorized access in or about the pump house. In addition to the foregoing undertakings by the Town, the Town agrees to take all measures as may be desirable and reasonably necessary to prevent nuisance or interference with the use of premises used and occupied by Owner and any the not constituting the subject matter of this contract. 5. Page 6 of 10 . 0'" \.... '.' Tf·"\ (. ,~~. ! (. ,. . ' 'I ;~. ~.. ¡ \..::t .-' . ~.J d. Detailed drawings of the pump house, and the location and character of the transformer and location of pipes and mains and conduits are to be furnished to Owner. All pipes, wires and lines and utility installations are to be installed beneath the ground. e. The Town agrees to obtain and keep in force fire and public liability insurance to insure Owner against any liability or loss suffered by or asserted against Owner arising out of any activities or events occurring on the premises described herein on the subject tracts of land and subject easement thereon, and to take such steps as necessary to prevent perfection of any mechanics lien on said premises and easement. The Town agrees to indemnify and hold owner harmless for any action or events occurring in the subject premises and subject easement except for the fault of Owner. f. Owner give to the Town agrees a temporary construction during easement the period of construction over an area to be agreed upon. g. All construction, erection, and improvements to be made or done by the Town on the subject premises and easement shall not be commenced before -...1 u t 1 , ,J+- , 2008, and shall be completed on or before lv/A , 2008, subject to acts of , God, strikes, violence or other matters over which the Town has no control. Each of the various covenants and agreements made oeo',~ n and provided herein, and each of the restrictions agreed to in paragraph 4 hereof, shall be construed as the covenants, agreements, and restrictions imposed upon and running in perpetuity with the land, all for the benefit of Owner and its successors from time to time and the Town, its successors and assigns subj ect to the limitation on assignment by the Town as herein provided. 6. Where the words "Owner" or "Town" are used herein, they shall be construed to mean the parties hereto and their respective successors and assigns, subject to the limitation on assignment by the Town as herein provided. 7. Anything herein contained to the contrary notwi thstanding, the obligations of the Town to carry out the several covenants herein contained shall be subject to the following: That if, despite all reasonable efforts by the Town (including litigation if the same should become necessary), the Town is unable to obtain necessary approval from the Town of LaBarge, the County of Lincoln, the State of Wyoming, the United States Government, or any other sovereign entity or department of the United States, as may be required for the use of the subject premises and subject easement for the purposes herein stated, the Town shall have the option to cancel this Agreement upon sixty (60) days' written notice to Owner. The Town agrees to use all due diligence in attempting to obtain such approval commencing forthwith upon the execution of this Agreement. If such approvals are not obtained wi thin twelve (12) months from the date of final execution of this Contract for Deed, then either party shall have the option to cancel this Agreement upon sixty (60) days' written notice to the other after expiration of said twelve (12) month period. Page 7 of 10 f':~, { ~. {(; "'.... .~ f.I~ "'.- ...- -" ..' "... 8 . The final closing date under this Agreement shall be and become a date within five (5) years after the date of the last execution hereof, or upon final payment by the Town to Owner of the above-described final balloon payment of Twenty- Five Thousand Dollars ($25,000.00), whichever first occurs, providing all necessary approvals have been obtained. The place of final closing L A- í3¡4.Þfi~ Ê It' ;~{:;. / 9. Any and shall be at the office of , LaBarge, Wyoming. all title charges shall be borne by Owner. 10. Subject to the right of the Town to install and operate its pump house, mains, and supporting services for the purpose of providing a flow of water into its mains and of doing all things necessary to keep the same in continuous operation (all of which rights are expressly limited to the various specific covenants contained in this Agreement), Owner shall not be deemed by any portion of this Agreement to have given up, waived, released, sold, or otherwise modified any of its existing ownership of its contiguous property, or rights or privileges for use of its contiguous property, except only the specific things described in this Agreement. The Town agrees that, irrespective of any particular items which may not be contained or provided for elsewhere in this Agreement, it is the intention of the parties that the installation and operation of the Town's pumping station and mains shall be handled in such a way as to not do damage to, or impose any burden upon, the property occupied by Owner and that any damage so done to said property shall be repaired forthwith by the Town and any burdens or interferences created shall be immediately abated. 11. Time is of the essence. Except as to the extent Page 8 of 10 (;, "1\ .If". " " ~. ,..,. ",,"_, U'· \" \,,¡ incorporated in other instruments recorded at the final closing of this transaction, the provisions of paragraph 4 above shall survive the closing. 12. In the event trees or shrubbery are removed in any of the construction described herein, or show signs of damage or mortality within two (2) years from the date of completion, the Town agrees to replace same with sui table trees and shrubbery and restore same to its original condition and appearance. 13. General real estate taxes, if any, on the subject premises and easement are to be prorated for the year 2008 and, in subsequent years, shall be borne by the Town so long as this Agreement is in force. 14. The Town agrees to do minor blacktop patching in the parking area necessitated by any of the work performed pursuant to the terms of this Agreement. 15. This Agreement is to be construed, interpreted, and enforced under the laws of the State of Wyoming. 16. This Agreement is intended by the parties to be binding upon, and inure to the benefit of, any and all successors in interest to the land, easements, and parcels which form the subject matter of this Agreement. 16. Should either party bring an action to enforce the terms of this Agreement, the party prevailing in such action, as evidenced by an Order or Judgment thereon, shall be awarded all reasonable and necessary attorney fees and costs incurred in such action. IN WITNESS WHEREOF, the parties have caused this instrument to be executed on the date endorsed by their duly authorized officers: Page 9 of 10 LaBarge Trucking Company, Inc., Owner By: A º_lO~ preSid~nt Town of LaBarge ----- . (l ;/ .//. ~.mÆ (/,,~~_ ~ v, Mäyor r By: STATE OF WYOMING COUNTY OF LINCOLN SS 7 .- ).. 4- ,- ({?9J Date ì "' ,2 ).j" Ó? Date THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY THIS 24 DAY OF JULY, 2008. WITNESS MY HAND AND OFFICIAL SEAL DENNIS E. HACKLIN - NOTA~ PUBLIC Lc~ MY COMMISSION EXPIRES: d.~?-:¿(5'lf STATE OF \\TYOMING COUNTY OF LINCOLN SS COUNTY OF UNCoLN" .~: . My ComllÙssioß Expires Feb" 7, 2011 STATE OF WYOMING NOTARY PUBLIC '.~ ............. ~...... -:." ....... .......... ~ THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY DENNIS HACKL IN, MAYOR FOR TOWN OF LABARGE THIS 24 DAY OF JULY, 2008. WITNESS MY HAND AND OFFICIAL SEAL ...--' (-- \( '/ '/ MY COMMISSION EXPIRES: ,/,,:jJ'~/}¿;/ / Page 10 of 10 /")') I ( 1 r {'.' -, /( ~'o~j~~-PU~~I'CK_(,-.' -~.,..,.,.,¡,;. J~nny Clarke ;n~.otary u hi::" . County or/:>:,;1"';., Slate of , 1,\"';"""·' " Lincoln ':',; , ' ;:, lNyomlng My Commission E~~ as '}.) ,~~- }ù II -..---.......... C:¡, n- n";' -'~~" "'7:, ....~<> '...,' '",",' '. , ..~ A 1'1:, ' (\.1) .,......... i:i{ ~./t,'~.~ ',:,,: ( RESOLUTION NO. 07-,02-21 "A RESOLUTION ESTABLISHING A SOURCE WATER PROTECTION COMMITTEE AND PROVIDING A MEANS FOR MAKING KNOWN THE POLICIES AND CONCERNS RELATING TO THE WATER SUPPLY FOR THE TOWN OF LABARGE, WYOMING" WHEREAS, the Town of LaBarge has permits for groundwater and surface water rights which supply all the water to the Town of LaBarge; and WHEREAS, the Town of LaBarge recognizes all residents rely mainly on groundwater and surface water for a safe drinking water supply and that certain activities can contaminate ground and surface waters; and WHEREAS, contamination of water supplies may significantly add to the cost of water treatment and may render supplies unusable; and WHEREAS, the governing body ofthe Town of LaBarge believes that protecting its water supply is of paramount importance and a primary function of responsible government. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF LABARGE: That it is in the intent of the Town of LaBarge to accomplish drinking water protection, as much as possible, by working with Wyoming Rural Water to develop and implement a Source Water Protection Plan. Adopted this 21st day of February, 2007. o ~ ././ " ~.z./.:J..-t-'"""'-"-' ~. r .~ c¡. _ Dennis Hacklin, Mayor ATTEST: ¿~;x:-)l,.:þ; -r A V;.,JI va¡ LVVO v I ."'tQ ,. n..\ ,U" I1_UI- _"" nunl1YL. ~ .. ... -, ~ -. . Wl\!/1.J /f"UUOI nt.JJ UO;:J~ i\lYJ. rvn:~-""I~ H~Hut~ " H¡ No. lU~JJÖrl P. 001 .. ^ ,"1\ 8"~ v" "~ 5 \",<"~\\ il :"'"., ' , t). . _-' ". ~~~~, 03-06"'...~76 ¿..~~, ~, LA.ORATORY ANAl. YTlaAL .UiPORT Çllent' Pr~lIIOt; IÅÞID: .. ÇlI..nt _III,..,D ParsgNn Aesodat8t labll1. WTP 0010411"'-003 W..t IWpgI1 0.,_: OSIð5,108 Oelleotlon C..: ~ 1~:" DillMRtIoetWlC(! o.~8 ' M«trlx: 9ull a.tC:&J ~ "-UR Un" QUlII'ftlalS RL. OCL M-'.. AnII~". 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IN' triP OF StMSHCD PIPE - NOT ACCEPTW Ai CORNt" N~2B'le- W 0.7J- BEARING A"D OIST. JlWL YO TItUi (5 "*.'·111' I: 1111.01" - "(COItO Elf:Þ,RlNC . DIS1' S a8"'I'!63" ( 15Ò.OD'" ~&\SVJU;D BEARING ~ DIST ~E$ 0' þ~c; LOCAL CP$ NEJWORI< W'd 8i:£i 80. ~~ Tn[ J¡jj COR Dp-AIL EXHIBIT ',) SOOu-68¿-¿0£:xe~ Jll '3JI~~O ~~l saWOJ ~PR-~~2e08 10:~ FROM: "-'" 13ØìJ8G2221 F>.~ L.EGAL DESCRIPTION LABARGE WATER PLANT PARCEL LABARGE TRUCKING CO. INC. TO TOWN Of LABARGE It>. PMCEl. OF I.N4D BEING ,. ~RTION 0' I.OT '3 OF' THE: DAVID-DECKER SUBDIVISION, TO TJ.I[ TOWN OF' WARG" LINCO"" COUNTY, W'fOþ1INO ANC BEING WORP: PARnCULNtLT DESCRIBED AS f'O\J.C)W$: ..., , IED/NHINC Af THE SOUTHWEST CO~Nf" Dr LOT 1J or 1'H!!: Oo\VID-DEOl<fR $U8DMSIOH TO THt TOWN 0' J.AIAROE, LJÑCOI.H COUNTY ~INCi T/1(NC[ S"~'OO"E, '00.00 F'E£I' (REC. $89'47·00"E) ALONG TI1f: SOUTH IIOUNOMT' OF $M) I.C7t' \;t TO ^ ~NT: THEJCt NO"0307~. 70,00 FEET TO I>. POINT: THENCE N .'$~tOD"W. tOCl.OO FtET TO A .-OINT ON j}E WEST .OUNDA~ 0' SAlO I.OT "i THlNCI: WOJ·D7"'. 10.00' CREe SCTU'OO~' TO 'n-If: ,.OINT OF' IE'OINNfNO: THi PAACIl. PESCRISEO H£IU:IN CONTAINS 0.' e, AC¡;RS MORE OR I.E5S. Sl:t ~arT A o,eo~~ 9 LEGAL OESCRIPT10N - UTIL.ITY EASEMENT TO THE TOWN OF' LABARGE: LABARGE TRUCKING CO. INC. TO TOWN OF I.ABARGE A UTIIJTY IASIMENT .-.cROSS A PORtION OF' WT ,;s or nit O'\VlP-I)f;C)(I!:~ SU&lDIVfS40N TO TOW'" or ~ UNCOLN çOUN'TV, WVOMINC ~ THE vACA"I'IO PORTION OF' DAVID STREET. M REOORDEO AND DtsCIIlt'O IN 800K '1 8, ~AG! G8U FIR DN ~Lf AT THE UNCOLN COUN'IY COURTtfOUX, etING WORE PAt(f'JCUI.ARLY Þ!SCf'aIIED """ ~wS: . COMt.lENCING Þ,T 'nit SOLmiWEST CORNER OF L01' f 3 01'" 11iE OAYIÞ-DEOI<EI't· $UaOMSION TO TMt TOWN OF' LABARO£. LINCOLN r;OUNTT, W'(()WNG: TI1£...œ 589·&1.,'00"£. , OO.OC FUr (ft£C SlIr4YOD"'E) TO THE POINT 01" 8CQINNlNQ OF, TMIS DESCRIPTION, ~ ,.OlNT OF' emRIWlNC BEJNQ THE 90UTHf:AST CORNE" or 'THE P'IU)ÞOStD IAlAACE WATtft IÞLANT P'MCIJ.: . Tl'lVlC! 580'57'00"£. '7!:.oo' MOlllt OR U:SS· CREC SS;'.'''OO·¡), ~OHO TJ.f£ SOIJTH BOUNDARY OF lAID LOT ~3 AND M EXTENSION Of" THE' SOUTH eOUNOARV OF' SAlO t,ðT ,,) TO THP: SOUTH WEST CORNDt aF LOT ,. or SAID OIMO-D£CKD SUIDM!/OHI ". THtNCt NØ"D3'07~r, 30.00' (1ttC N Q"U'CO"E) AlONe THi WEST BOUNDARY OF' SAID L.OT 111'0 ~ /lOINT: THENCE NIV!1·OO"¥l. 1~". FŒT Metti OR, lLSS to ~ PaINl' ON THi £A.ST BOUND,utt OF' THE "RO~OSEO LÞ.8MG£ WATER PLANT PA~c:e:L; THtNC¡ SO'03'O"" JQ,OD FŒ'f ~NC THE: EAST BOUNDAR'r' Of' THE PROPOSED LÃ8ÅRCE WATER PLANT P.ARŒL TO THE POINT oF' 8[G~""NO OF tHIS DESCN"",ON. TI1( ,,!tEA CONTAlNm IN THIS [ASE:hlENT E!~INO 0.0'9 ACERS MQAt: OR LD$. Oat 41.,,, G:O'd 81:£1 80, G:G: In[ SOOv-68¿-¿0£:xej Jll '3JIjjO ~~l S8WOJ