HomeMy WebLinkAbout949020RECEIVED 8/19/2009 at 4:50 PM
RECEIVING # 949020
BOOK: 730 PAGE: 246
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
After Recording Return To: U.S. Bureau of Reclamation o0246
1359 Hansen Avenue
Burley, ID 83318
Contract No. 6-07-14-LA460
Amendment No. 1
UNITED STATES
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
Palisades Project, Idaho/Wyoming
AMENDMENT TO CONTRACT AND GRANT OF TERM EASEMENT
THIS AMENDED AGREEMENT, made this z'7* day of M --kA , 2009,
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 are commonly known and referred to as the Federal Reclamation Laws, between THE
UNITED STATES OF AMERICA, hereinafter referred to as the United States, represented by
the official executing this agreement, hereinafter referred to as the Authorized Official, and
NORTH STAR UTILITY, hereinafter referred to as the Grantee; and
WITNESSETH, THAT:
2. WHEREAS, the United States and North Star Utility, did execute a Contract and
Grant of Easement, Contract Number 6-07-14-LA460 dated April 20, 2006, hereinafter referred
to as Contract, pursuant to the Act of Congress approved June 17, 1902 (32 Stat. 388) and
Section 10 of the Act of August 4, 1939 (53 Stat. 1187), which is recorded in the Lincoln
County, Wyoming records, identified as Book 618 Page 298, whereby the United States issued a
utility line easement to the Grantee across certain lands located in the Alpine area of the
Palisades Project, hereinafter referred to as utility easement; and,
3. WHEREAS, the Grantee desires to alter the location of the utility easement and
include a temporary construction easement.
4. NOW, THEREFORE, the legal description in Article 4 of said Contract is hereby
replaced by the following:
Township 37 North, Range 118 West, 6th P.M. Wyoming
Section 29: Portions of lot 5
Section 30: Portions of lot 6 and NE'/4NE'/4
1
C,00247
The location of said utility easement is more particularly shown and identified on the map
attached hereto, marked Exhibit A, and by this reference made a part hereof. Construction of
approved utilities will only be at the location identified and in the revised manner shown on the
drawing attached hereto, marked Exhibit B, and by this reference made a part hereof.
A temporary construction easement is hereby authorized as shown on Exhibit A, and by this
reference made a part hereof. The temporary construction easement shall be forty (40) feet in
width adjacent to the easterly limits of the utility easement, twenty (20) feet in width adjacent to
the westerly limits of the utility easement, and approximately 2,000 feet in length, containing 2.7
acres, more or less. Said temporary construction easement will be in effect from October 1, 2008
to September 30, 2009. 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, cut, fell, and remove vegetation within the limits of the easement;
and (d) to take such other measures as necessary or required to construct approved utilities within
the utility easement.
5. The Grantee shall rehabilitate any disturbed United States land to the satisfaction of
the Authorized Official or his/her designee, by: grading the disturbed land back to near its
original state; removal of any construction or maintenance materials; removal and proper
disposal of any clearing debris or site contaminates; and re-establishing native ground cover
through seeding and fertilizing the disturbed land where appropriate, after construction,
reconstruction, or maintenance activities.
6. Additional administrative fees in the amount of Three Hundred Dollars ($300.00) and
an additional consideration of Four Hundred Fifty-five Dollars ($455.00) for the use fee
associated with additional area encumbered by the temporary construction easement have been
paid by the Grantee, receipt of which is hereby acknowledged.
7. Upon execution of this document the Grantee hereby quitclaims and releases to the
United States all interest in the original easement described in Article 4 of the Contract, except
for any portion which is included in the replacement utility easement location described in
Article 4 of this amendment.
8. Except as modified herein, all of the terms of the original Grant of Easement, Contract
No. 6-07-14-LA460 shall remain in full force and effect.
9. No Member of Congress shall be admitted to any share or part of any contract or
agreement made, entered into, or accepted by or on behalf of the United States, or to any benefit
to arise thereupon.
2
V
c..iO248
IN WITNESS WHEREOF, the parties hereto have executed this amendment the day
and year first above written.
NORTH STAR UTILITY
BY /r1,(
Mic ael T. Halpin, President
P.O. Box 610
Jackson, Wyoming 83001
THE UNITED STATES OF AMERICA
By2 ,N3
Bureau of Reclamation
Pacific Northwest Region
Program Manager, Land Resources
1150 North Curtis Road, Suite 100
Boise, ID 83706-1234
3
STATE OF WYOMING )
County of Teton
ss
I''O 249
On this (1'41 day of " , 2009, personally appeared before me
Michael T. Halpin, known to me to be the official of North Star Utility, Inc. that executed the
within and foregoing instrument and acknowledged said instrument to be the free 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.
kJ M,pw(cf q
Notary Public in and for the
LISA M. PADDLEFUHU - WU It%i-iV h'UO-Ao
Cot.mity of 7 State-, Of
wyom~ng
Telon
Ply Commission E-cpiros September 12,
00
STATE OF IDAHO )
ss
County of Ada )
State of Wyoming y~Y
Residing at 33# got* 6q&Wld c
My commission expires: 1"1- TdiL
* * * * * * * * * * * * * * *
On this 44 day of 2009, personally appeared before me
49 l j/Z A) P7 , known to me to be the official of THE UNITED STATES
OF AMERICA that executed the within and foregoing instrument and acknowledged said
instrument to be the free 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.
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NOTARY
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PUBLIC
otary Public in and for the
State of Idaho
Residing at, s~
My commission expires
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