HomeMy WebLinkAbout873862
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Fonn E-53
Rev 3/88
Wyoming Dep~ment of Transportation
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MATERIApS AGREEMENT
'. 'i HECEIVED
l NC9R~J~t2f1trN~ CLEffl(?S-1201-00(005)
!O I OO~9 5>Epf.G~~T~ON Smith's Fork Road
i COUNTY í tíÎ16'lk
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873862
BOOK 466 PR PAGE..A3.l-
THIS AGREEMENT, made and entered into this
2001 , by and between Robert G. Kirk 721 Bri ewa Lane Cokeville WY 83114
andowner's name and address)
herein after referred to as "Landowner", and the Wyoming tate Highway Department, hereinafter referred to as "Department."
WITNESSETH:
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WHEREAS, the Landowner is the owner of the folIo ~ing described land, to wit:
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Section 20 T25N - R118W Lincoln Count W joming
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land the Department believes to contain stone, gravel, san' or soil of a quantity and quality desirable for use by the Department
in construction and maintenance of highway projects; an f
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WHEREAS, the Department is desirous of obtain g the right to go upon said land to dig, drill, extract, search, explore
and otherwise test said material for highway purposes; an ,
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WHEREAS, the Department is also desirous of ob rining the right to go upon said land and to take therefrom said stone,
sand, gravel or soil for the purpose herein stated; and, i
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WHEREAS, the Landowner is agreeable to granti~jg the Department the exclusive right and privilege to enter upon said
land for the hereinàbove stated purposes. i
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IT IS FURTHER AGREED that if satisfactory a ¡d acceptable material is located on the Landowner's property, said
Landowner does hereby sell to said Department all of the ~and, stone, gravel or soil which said Department may remove from
saidparcel of land from the date hereof until the date of ecember 31 ,20 03 ,at the price of SO cents
per ton, or 75 cents per cu. yd., giving and gran ng the Department the right to enter upon said parcel of land for the
removal of said materials and to erect or construct thereon ~uch machinery and equipment as in the judgment of the Department
is necessary and proper to extract and remove from the sa¡\d land and/or process the material herein purchased, the number of
tons or cubic yards to be determined according to metho fs prescribed in the current edition of Specifications For Road and
Bridge Construction adopted by the State Highway Co ~sion and the further right to enter upon said parcel of land to remove
any such equipment, machinery, or structures placed ther ion by the Department.
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THIS AGREEMENT is for removal of material f f use on highway projects and maintenance only and removal by any
other persons including the Department's contractor or co~ractors for any purpose other than as herein provided, shall be under
a separate agreement with the Landowner and only with pol' written approval of the Department.
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IT IS FURTHER AGREED by and between he p ~ties hereto, that the Department shall have the right to haul material
taken from said parcel of land. across any land owned by 'he Landowner, on routes mutually agreeable to the parties hereto.
IT IS ALSO AGREED that the Landowner gives þe Department the option to extend this Agreement for an additional
year upon the same terms and conditions as herein set t0rth. The Department will exercise this option by notifying the
Landowner in writing of its intention to do so prior to the ~ermination of this Agreement.
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WYOMING DEPARTMENT OF TRANSPORT A TION Ii
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Page 2 ofl13
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By:
My commission expires:
MJNto Q.;Jk/l¿
I Notary Public
DONETA J, SHINK.. Notary PU.bIiC
County Of . .' State of
Teton . j ' r Wyoming
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nt was acknOWledgA;f~!
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, this "t ----. day of t-' 20 0 (
Witness my hand and official seal.
ßo1€f( + ~ (Z k
Landowner(s)
(Corporate Seal Required if Applicable)
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STATE OF ~
COUNTY OF ~
S7 0- VY-2.. ) e¡ /
Tax LD.lSocial Security #
ss.:
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By:
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0_62 -2
IT b ER AGREED that any contractor ope atmg under any agreement or contract with th~ment that will
extract and remove said material, shall be assigned the righ 1s and obligations by the Department under this Agreement, and will
be permitted to use said parcel of land to stockpile and/or ~roperly process said material for highway purposes. Compensation
for such right shall be Three-Hundred 300 land in addition to any right and other consideration stated herein.
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ADDITIONAL CONDITIONS: II
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1. The premises will be left in a neat condition w1fh backslopes no steeper than 3 to 1.
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2. Under the word "process" used hereinabove, itjb contemplated that there may be cases wherein controlled emission
of smoke, fumes, dust and odors will result. In such event, t te Department, its assigns and contractors will control said emission
and odors as required and in conformity with existing Sat, and Federal anti-pollution laws.
3. Crushed aggregate and crushed stock rles are to be left for use by the landowner.
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IT IS DEFINITELY UNDERSTOOD AND AG~tED BY BOTH PARTIES HERETO THAT THE DEPARTMENT
IN NO WAY GUARANTEES OR ASSURES THE LAN þWNER THAT ANY MATERIAL, WHETHER DESIRABLE OR
NOT, WILL BE REMOVED IN MEASURABLE QUANtITIES FROM SAID PREMISES; THAT ROYALTY PAYMENT
TO THE LANDOWNER WILL BE MADE ONLY Œ! MATERIAL IS ACTUALLY REMOVED IN MEASURABLE
QUANTITIES. Ii
This Agreement shall be binding on the parties' s~lccessors and assigns.
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. IN WITNESS WHEREOF, I, we, have caused t~~s Agreement to be executed on the day and year first hereinabove
wntten. II
0873862
STATE OF
Wilt:? lVIIAI' ç,.
ss.:
COUNTY OF
t-I N' ¿:
433
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The foregoing instrument was acknowledged bef ~re me by
, this
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day of
Witness my hand and official seal.
COUNTY OF Am\ STATE OF
LINCOLN ~ WYOMING
MY COMM'SSIONEXP ~ES .3 ¡, .,Io~
My commission expires:
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