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HomeMy WebLinkAbout941407 NUUNTENANCEAGREEMENT 000573 AEROBIC WASTE'VATER TREATMENT UNIT RECITALS: A. Owner is the owner of real property located in Lincoln County, Wyoming, more particularly described below (the "Property"): Subdivision: Lot#: (or legal description): See attached 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, Wyoming 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. In order to comply with Wyoming Department of Environmental Quality Regulations, the Owner shall provide for the ongoing inspection, sampling and maintenance of the Treatment System. D. As the Small Wastewater Facility delegated authority, the County also requires the Owner to agree to provide for the ongoing inspection, sampling and maintenance of the Treatment System. NOW, THEREFORE, Owner agrees as follows: 1. Upon installation of the Treatment System and the execution of this Agreement, Owner shall provide annual evidence of ongoing Treatment System maintenance in the fonn 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 the Property in good operation, condition and repair. Some repair or replacement costs may not be covered by a service contract. Owner will be responsible to pay all costs not covered. RECEIVED 8/19/2008 at 10:10 AM RECEIVING # 941407 BOOK: 702 PAGE: 573 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY ú00574 3. Owner's obligation to this Agreement shall continue unless a cOlmection 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 Owner hereunder shall be perpetual and shall run with title to the Property and shall be binding upon Owner and Owner's heirs, successors, assigns, transferees and grantees. This Agreement wiB 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 annual effluent sampling AND evidence of an ongoing maintenance contract shall constitute a violation of the County Small Wastewater 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 permitted shall be considered a separate offense. Upon conviction of any such violation, such a person may be punished as provided by law with a fine 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 term of this Agreement, an easement on, over and across the Property to access, inspect, maintain, monitor and service the Treatment System, including annual sampling of effluent and periodic sampling of the settled solids. WITNESS my hand this l STATE OF WYOMING COUNTY OF L\ Y\<:.d.r-. ) ) SS. ) The above and foregoing instrument was acknowledged before me by J, \ \ ~ 5+-e \I~ c.ake b Ve.à J. this l day of -1iug u..J , 200 X. TER~=~dandoffiC:~:'PUbl~ ¿ /lldA. ~-- County of ~:i1lh!Jhi,,,""liI;{;:;~:~:,~..: . ·Ir~; \. ,11::..0',.. : 'to W ...J' ~q L-.-_ ..... "';..1' ûOô575 ·"n··I:"·""~!:. '.',1.1.'." /f RECEIVED 11/22/2005 at 3;57 PM RECEIVING # 913939 BOOK: 605 PAGE: 631 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY WARRANTY DEED THIS INDENTURE, made the ~ day of November , 2005 by and between Ihe WY PARTNERS, LLC, a limited liabilily company organized and existing under and by virtue of the laws of Ihe State of Georgia, the GRANTOR and STEVEN M. CAKEßREAD AND JILL M. DELLINS CAIŒDREAD, Husband and Wife as TenaOls by Ihe Enlireties, whose address is 967 Tiburon Blvd., Tiburon. CA 94920 as Grantee, WITNESSETH: ThaI Ihe grantor, for and in consideralion of the sum of Ten Dollars ($10.00) and olher good and valuable consideration ill hand paid, the receipt whereuf U hereby acknowledged, docs, by Ihese presents, grant, bargain, sell, CONVEY AND WARRANT ulllo the said Gralltee alllhal certain lract, 101, piece, and parcel of land situaled in Ihe Coumy of Lincoln, State of Wyoming, amI described as follows to-wit: A purtion of the Crook properly as refmed to in the Deed recorded in Book 462PR on page 817 In Ihe omee of the CI.rk of Lincoln County, Wyoming, being the N'hNEI'SWI', SE\4NW\4, lot 3 ,,"d a porcion of the W'hNE\4 of Seclion 3, T34N RI19W of the 6th P.M., Lincoln Coumy, Wyoming, the metes and buund bdng more particularly described as follows: '7 ..-> Beginning at Ih. BlM Iype monumenl marking Ihe Marluwe A. Scherbe¡ PlS 5368. 2000 location for Ihe norlhwesl corner of said WII..NEI'; Ihence S 89'07'52" E, along Ihe nonh line of "id 11'11.. NE \4, I ¡ 1.32 feet 10 an aluminum cap on iron pipe; thence S 0'24'31' 11', parallel with the weslline of said W II.. NE \4 .2586.50 feet to an aluminum cap on iron pipe markin& a point in th~ south line or s.aid W1,.~NE~; thenee N 88'59'37' 11', along said south line 111.32 feel 10 Ihe !llM type monument marking th. Marlowe A. Scherbel PlS 5368, 2000 local ion for Ihe nonheast corner of said NV,NE\4SW"; Ihence S 0'24'31' W, along Ihe eaSlline of said N'hNE\~SW". 658.29 feet fa [he Marlowe A. Scherbel PLS 5368, 2000 location for Ihe soulheasl corner of said NV,NE"SWI4 witnessed hy a BlM Iype monument 50 feel N U'24'31" E; thenee N 89'01'23' 11', along the soulh line of.aid N'hNE\4SW\4. 1320.93 feet to Ihe DlM Iype monument marking Ihe Marlowe A, Scherbel PLS 5368, 2000 loculion for tlle SOUthweSl corner of said NII..NE\4SW\4 ; lhence N 0·30'10" E, along Ihe weSlline of said N'I..NE \4SW '.4 , 658.95 f.etlo Ihe BlM Iype monumenl marking Ihe Marlowe A. Scherbel PlS 5368, 2000 loculion for Ihe soulhwest corner of said SE \4 Nil' \~; thence N O't9'22' E, along Ihe IVeslline of Ihe E'hNW\4, 2583.33 feel to the BLM type monument marking the Lloyd B. Baker PE/lS 698. 2002 ¡",-ation for the Norlhwesl corner of said lot 3; Ihenee S 89·07'16" E, along Ih. norlh line of said lOI 3, 1323.68 feet 10 Ille point of beginning SUBJECT, however, to all reservalions, restrictinns. proleclive co,'enunls, exceptions, easements and right.-of-way of record, in sighl, or in use. IN WITNESS WHEREOF, the Granlor has caused Ihese presents 10 be signed by its duly aUlhorlzed officer, the day and year first above written. By C:T~¡:}l:.~ L~~I¡~;;;] ,r'n.r.6é'1 '... 'J u ..J :,~. ..;..1 ...J ~iL,.",;;",::, " .: l~m¡~¡~¡jr:i 00057 . .·L·'·.....~.·...'·..,:,. '",.. :,. . ..,..'................,... r'nf'.6 1';{Jl}' 32 .-~ ,r> or" ,-... ~i'" ,! ,,':(\'')0 , --J"'ooJ...:.,!·,..:)i\.JJ..':¡ State ofbE1JRb/A ) . )ss. County of H1\e£~ JOn this ~ day of ).JèN(;IY\e£f2... , 2005 before me personalIy appeared ÒJ-f-t-J t". LovS LL- . to me personally known, who, being by me duly sworn, did say that he is the Managing Member of WY Partners,' LLC and acknowledged said instrument to be the free act and deed of said limited liability company. Witness my hand and official seal. ,,'" JENNIFER AVERS £'~':'}.þ.: \ NO'lry Publ c. Stat. of Georgia I :,,°.........*1 Hllt..,rshlm County \.....'''~,! i MV Comn11uion Explr06 ·~.rJ,N':'~. A III 01, 200b Cù~~W) No ry Pubhc My Commission Expires -.:L1/2/JJ..-.P